Property Law Act 2023 (Qld): A Complete Guide for Buyers, Sellers and Landlords

Property Law Act 2023 (Qld): A Complete Guide for Buyers, Sellers and Landlords

The Property Law Act 2023 is the biggest shake-up of Queensland property law in over fifty years. If you are buying, selling, leasing or managing property anywhere in Queensland, this legislation changes what you must disclose, how leases are assigned, and how settlement delays are handled. CollinsQuarters Legal has broken down every part of the Property Law Act 2023 so buyers, sellers, landlords and tenants know exactly where they stand in 2026.

Whether you are a first-time seller in Brisbane, a commercial landlord on the Gold Coast, or an investor working through property conveyancing services in Queensland, this guide walks through the seller disclosure regime, leasing reforms, settlement extension rules and a practical compliance checklist you can use today.

Quick Answer: The Property Law Act 2023 (Qld) is legislation that replaced the Property Law Act 1974 (Qld) on 1 August 2025. It introduces a mandatory seller disclosure scheme, reforms lease assignment and landlord consent rules, changes limitation periods for deeds, and modernises settlement provisions for electronic conveyancing across Queensland.

What Is the Property Law Act 2023 and Why It Replaces the Property Law Act 1974

The Property Law Act 2023 (Qld) received royal assent on 2 November 2023 and commenced on 1 August 2025, formally repealing the Property Law Act 1974 (Qld) after almost fifty years in force. The reform followed a detailed review by the Commercial and Property Law Research Centre at the Queensland University of Technology, which recommended modernising language, removing outdated provisions and better supporting e-conveyancing.

Unlike a minor amendment, the Property Law Act 2023 is a full rewrite. It retains many core property law principles, such as how interests in land are created, but restructures the rules around disclosure, leasing, mortgages and trusts. You can read the full legislation on the Queensland Government legislation register, though most buyers, sellers and landlords will find a practical summary far more useful than the statute itself.

For a broader look at how this reform sits alongside property law across the country, see our complete guide to property law in Australia.

The Property Law Act 2023 also reflects a deliberate push toward electronic transactions. Provisions dealing with mortgages, powers of attorney and the writing requirements for interests in land were rewritten with digital execution and electronic lodgement in mind, rather than assuming every document is signed on paper. For property owners, this means the practical experience of buying or selling in Queensland increasingly happens online, from digital contract exchange through to electronic settlement.

Key Commencement Date and Timeline for the Property Law Act 2023 (Qld)

Understanding the commencement timeline matters because some obligations under the Property Law Act 2023 apply retrospectively, while others only affect contracts and leases entered into after the start date.

• 25 October 2023: The Property Law Bill 2023 passed the Queensland Parliament.
• 2 November 2023: The Act received royal assent as Act No. 27 of 2023.
• 20 September 2024: The Queensland Government proclaimed the commencement date.
• 1 August 2025: The Property Law Act 2023 formally commenced, replacing the Property Law Act 1974.
• From 1 August 2025 onward: New contracts, options and leases fall under the new regime, while some transitional provisions preserve rights created before commencement.

The staged approach gave conveyancers, real estate agents and lenders time to prepare updated contracts and disclosure forms. The Queensland Law Society and Real Estate Institute of Queensland updated their standard sale contracts to reflect the Property Law Act 2023 ahead of the commencement date.

Property Law Act 2023 and E-Conveyancing: What Changes for Electronic Settlements

Electronic conveyancing was already mandatory for most Queensland property transactions before the Property Law Act 2023 commenced, but the new Act builds firmer legal footing around it. The legislation clarifies how electronic signatures, digital mortgages and remote witnessing interact with older common law doctrines that were written for paper deeds and wet-ink signatures.

One practical example is the abolition of the rule in Pigot's Case, an old common law principle that could invalidate a deed if it was materially altered after execution. Removing this rule reduces uncertainty for electronic documents that pass through multiple systems before lodgement. Settlement day itself is also better protected: if the PEXA platform or Titles Queensland's registry systems are inoperative, the Property Law Act 2023 gives both parties a clear process to agree a new settlement date instead of one side risking default.

Seller Disclosure Statement Requirements Under the Property Law Act 2023

The single biggest change under the Property Law Act 2023 is the introduction of a mandatory seller disclosure scheme. Queensland has traditionally operated as a caveat emptor, or buyer beware, jurisdiction. That approach has now ended for most freehold property sales.

From 1 August 2025, a seller of freehold land in Queensland must give the buyer a signed seller disclosure statement and a set of prescribed certificates before the buyer signs the contract or option. This applies to residential, commercial and vacant land sales, including auctions, subject to specific exceptions. Anyone working with residential property lawyers in Australia should ask early in the process whether their transaction falls under this new regime.

Prescribed Certificates and Disclosure Documents Sellers Must Provide

The seller disclosure statement, known as Form 2, must be completed truthfully and cover matters including title searches, zoning and planning information, pool safety certificates, body corporate certificates for community titles lots, and notices issued under related legislation such as the Queensland Building and Construction Commission Act 1991. The Queensland Government seller disclosure scheme guide sets out the full list of prescribed certificates sellers need to gather.

Buyer's Right to Terminate Under the Seller Disclosure Regime

If a seller fails to provide the disclosure statement, or the statement is inaccurate on a material matter, the buyer generally has the right to terminate the contract before settlement. Termination does not trigger statutory compensation for the buyer, but the seller must repay the deposit and any accrued interest within 14 days. This is a significant shift in bargaining power and one of the reasons vendors across Brisbane, the Gold Coast and regional Queensland are engaging a property lawyer in Brisbane earlier in the sale process than before.

Property Law Act 2023 Leasing Reforms Every Landlord and Tenant Should Know

Leasing is the second major area reshaped by the Property Law Act 2023. The reforms aim to modernise rules that had barely changed since the 1970s, and they generally shift a degree of protection toward tenants and outgoing assignors. Both residential-adjacent commercial leases and larger retail or industrial leases are affected, which means landlords managing a portfolio of tenancies across Queensland need to review their standard lease template rather than assume old clauses still hold up.

The Property Law Act 2023 also confirms that a landlord cannot rely on a lease clause that purports to override the new decision notice timeframes, closing off a workaround some landlords previously used to sidestep consent obligations. Tenants negotiating a new lease, or an assignment of an existing one, should ask specifically whether the document has been updated to reflect these changes.

Businesses negotiating new commercial leases, or reviewing existing ones for compliance, are increasingly turning to a commercial property lawyer to confirm their lease terms still reflect current law.

Assignment of Lease and Release of Liability Changes

Under the old law, an original tenant who assigned a lease could remain liable for the breaches of a much later assignee, even years after handing over occupation. The Property Law Act 2023 removes this ongoing exposure. An assignor and their guarantor are no longer automatically liable for the defaults of a subsequent assignee down the chain, unless the lease expressly provides otherwise.

Landlord Consent and the New Decision Notice Process

Where a lease requires landlord consent for an assignment or sublease, the Property Law Act 2023 introduces a formal decision notice process. The landlord must respond within one month of receiving full particulars of the tenant's proposal, and cannot unreasonably withhold consent. A tenant who is refused, ignored, or given unreasonable conditions can apply to the Supreme Court for orders. Disputes of this kind often benefit from early advice through dispute resolution services before matters escalate to litigation.

Changes to Easements, Covenants and Perpetuity Periods Under the Property Law Act 2023

Several structural changes in the Property Law Act 2023 receive far less attention than seller disclosure, yet they matter greatly for property developers, investors and estate planners.

Positive covenants registered on easements were previously unenforceable against a successor in title unless that successor separately agreed to be bound. The Property Law Act 2023 changes this. Both positive and negative covenants relating to the use, ownership or maintenance of burdened land will now bind successive owners, unless the covenant is expressed to be personal to the original parties.

The Act also abolishes the common law rule against perpetuities and replaces it with a fixed 125-year perpetuity period for trusts, aligning Queensland with the United Kingdom's approach. Under the previous law, parties could set a perpetuity period of up to 80 years, and beyond that the common law default applied, which was notoriously difficult to calculate with precision. A fixed 125-year period removes that guesswork and gives trustees, developers and family offices a predictable planning horizon. Property investors structuring long-term holdings, including those working with a property lawyer on the Gold Coast, should review existing trust deeds against this new period.

The Property Law Act 2023 additionally abolishes the rule in Shelley's Case, a centuries-old common law doctrine that affected how certain gifts of land to a person and their heirs were interpreted. Removing rules like this is largely a housekeeping exercise, but it reduces the risk of an outdated common law doctrine producing an unexpected result in a modern will or trust deed.

Property Settlement Extensions and Limitation Period Changes Under PLA 23

The Property Law Act 2023 also updates the practical mechanics of settlement day. New provisions address what happens if Titles Queensland's computer systems are inoperative on the settlement date, giving both parties a structured process to nominate a new completion date rather than defaulting to breach. Similar relief applies for delay events such as extreme weather, public health emergencies or acts of terrorism, formalising protections that previously sat only in standard contract clauses.

The Act also reduces the limitation period for bringing an action based on a deed from 12 years to 6 years, bringing deeds broadly in line with the limitation period for simple contracts. Anyone finalising a sale, or working through a delayed transaction, should confirm current timeframes with property settlement lawyers before assuming the old rules still apply.

Property Law Act 2023 Compliance Checklist for Queensland Sellers and Landlords

Use this checklist as a starting point before listing a property for sale or negotiating a new lease under the Property Law Act 2023.

• Confirm whether your transaction is exempt from the seller disclosure scheme, or whether a Form 2 disclosure statement is required.
• Gather prescribed certificates early, including title searches, pool safety certificates and body corporate documents where relevant.
• Review current lease agreements for outdated assignment and consent clauses that no longer reflect the Property Law Act 2023.
• Check trust deeds and easement documents against the new 125-year perpetuity period and covenant enforceability rules.
• Update internal timeframes for deed-based claims to reflect the reduced six-year limitation period.
• Speak with a Queensland property lawyer before signing any contract or option entered into after 1 August 2025.

Foreign investors should also cross-check disclosure and settlement obligations against other approval requirements, including our guide for foreigners buying property in Australia.

How CollinsQuarters Helps Clients Navigate Property Law Act 2023 Compliance in Queensland

CollinsQuarters Legal advises sellers, buyers, landlords and tenants across Queensland on every stage of a property transaction affected by the Property Law Act 2023. Our team prepares compliant seller disclosure statements, reviews and negotiates lease assignment terms, and represents clients where a landlord's consent has been unreasonably withheld.

If you are preparing to sell, lease, or restructure property holdings in Queensland, book a property law consultation with CollinsQuarters before you sign anything. Early advice is far less costly than fixing a disclosure defect after a buyer has already exercised their termination rights.

Frequently Asked Questions About the Property Law Act 2023 in Queensland

Q: When did the Property Law Act 2023 commence in Queensland?
A: The Property Law Act 2023 commenced on 1 August 2025, replacing the Property Law Act 1974 (Qld) after royal assent was given on 2 November 2023.

Q: Does the Property Law Act 2023 apply to contracts signed before 1 August 2025?
A: Generally no. The seller disclosure scheme applies to contracts and options entered into on or after 1 August 2025. Some transitional provisions preserve rights and obligations created before that date.

Q: Who is exempt from the seller disclosure scheme under the Property Law Act 2023?
A: Exemptions include sales to the state, a government body, a constructing authority, a listed corporation, or where the buyer and seller are related and the buyer waives disclosure. Off-the-plan proposed lots remain governed by separate legislation rather than the Property Law Act 2023 disclosure regime.

Q: What happens if a seller does not provide a disclosure statement under the Property Law Act 2023?
A: The buyer may be entitled to terminate the contract before settlement. The seller must then repay the deposit and any accrued interest within 14 days, though the buyer is not entitled to further statutory compensation for the termination itself.

Q: How does the Property Law Act 2023 change commercial lease assignments?
A: An assignor and their guarantor are no longer automatically liable for a later assignee's breaches once the lease has been assigned again, unless the lease says otherwise. Landlords must also respond to consent requests within a set decision notice timeframe.

Q: Does the Property Law Act 2023 affect trusts and perpetuity periods?
A: Yes. The Act abolishes the common law rule against perpetuities and introduces a fixed 125-year perpetuity period for trusts, replacing the previous maximum of 80 years.

Q: Has the limitation period for deeds changed under the Property Law Act 2023?
A: Yes. The limitation period for bringing a claim based on a deed has been reduced from 12 years to 6 years.

Q: Where can I find official guidance on the Property Law Act 2023?
A: The Queensland Government publishes seller disclosure guidance directly, and the Queensland Law Society's Property Central hub tracks updated REIQ contracts and practitioner resources tied to the Act.

Getting Started with Property Law Act 2023 Compliance in Queensland Today

The Property Law Act 2023 has reshaped how property sales, leases, trusts and settlements work across Queensland. Sellers now carry a genuine disclosure obligation, landlords face firmer timeframes for consent decisions, and long-standing rules on covenants, perpetuities and limitation periods have all shifted. Getting the detail wrong on a Form 2 disclosure statement, or on a lease assignment clause, can mean a lost sale or an avoidable dispute.

CollinsQuarters Legal helps buyers, sellers, landlords and tenants across Brisbane, the Gold Coast and regional Queensland stay compliant with the Property Law Act 2023 from contract to settlement. Get in touch with CollinsQuarters to talk through what the Property Law Act 2023 means for your next property transaction.