You have found a house and land package or a new apartment, signed up before the development is finished, and now you are wondering exactly what you have committed to. Buying off the plan in Queensland works differently from buying an established home, and the differences matter more than many buyers expect.
The contract exists, the land or building does not yet, and the time between signing and settlement can stretch to two years or more. Along the way, disclosure obligations, statutory time limits and recent law changes all shape what a buyer can and cannot do. The Queensland Government has introduced reforms that change how sunset clauses work and when a buyer can walk away, and those reforms apply to many contracts that are already on foot.
Lawyers in Springfield and Ipswich assist buyers navigating off-the-plan contracts across Greater Springfield, Ipswich and the surrounding region, from house and land packages in new estates through to apartment purchases in community title schemes. Here is how buying off the plan generally works in Queensland, and what the key protections and time limits mean.
Key takeaways
- Sellers must settle no later than 18 months after contract under Queensland law.
- Sunset clause terminations by sellers now require buyer consent or a court order.
- The first home owner grant is available for new homes, not established ones.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What does buying off the plan actually mean in Queensland?
Buying off the plan means entering a contract to purchase a lot before construction is complete and before the title to that lot has been created, according to the Queensland Government. The buyer is committing to a property that exists on a plan but not yet in its final registered form, and settlement happens only once the title is issued and the development is complete.
This applies to house and land packages in new estates across Greater Springfield and Ripley, to townhouses and apartments in community title schemes, and to vacant lots purchased before a subdivision is registered. The common thread is that title has not yet been created at the time the contract is signed.
For buyers, the gap between contract and settlement carries real exposure. Prices, interest rates and personal circumstances can all change in that time. Understanding what the contract requires and what Queensland law provides in the way of protections is the starting point for managing that exposure.
What must a seller tell you before you sign?
Sellers of off-the-plan lots in Queensland must give buyers a disclosure statement before the contract is signed, according to the Queensland Government. The document must identify the seller, the buyer and the land or lot, and record claims about the future title.
For a land lot, the disclosure statement must also include the proposed lot number, area and orientation, and a section completed by a registered cadastral surveyor. The buyer must sign and date it before the contract proceeds.
This disclosure requirement is separate from the seller disclosure scheme that commenced on 1 August 2025 under the Property Law Act 2023, which covers existing residential properties. Off-the-plan lots are not covered by that scheme. Instead, the Land Sales Act 1984 sets the disclosure framework for proposed lots, and buyers of apartments and townhouses in community title schemes also receive disclosure under the Body Corporate and Community Management Act.
- › Land lot disclosure: proposed lot number, area and orientation, certified by a cadastral surveyor.
- › Community title scheme disclosure: the community management statement and body corporate information, usually as part of a separate BCCM disclosure regime.
- › Changes to the disclosure: if the disclosure changes materially before settlement, the buyer may have a right to terminate.
What are the time limits and key protections for Queensland buyers?
Queensland law sets several hard limits that protect buyers in off-the-plan contracts, according to the Queensland Government.
The 18-month settlement limit and what it means for buyers:
- › 18-month settlement limit: under the Land Sales Act 1984, the seller of a proposed lot must settle no later than 18 months after the contract is signed. If settlement does not occur within that time, through no fault of the buyer, the buyer may terminate by written notice before settlement takes place.
- › Material prejudice from changed disclosure: where the disclosure changes and that change causes significant disadvantage to the buyer, the buyer may terminate within 30 days of receiving the developer's notification, or before title transfers, whichever comes first.
- › Deposit protection: deposits for off-the-plan lots are held in trust and can only be released to the seller at settlement or when the contract otherwise finalises and the seller is entitled to them.
How does the sunset clause reform change things?
The sunset clause reform that commenced on 22 November 2023 is one of the most significant changes to off-the-plan buying in Queensland in recent years, and it is worth understanding clearly before signing any contract.
Before the reform, a sunset clause in a land contract allowed either party to terminate if settlement had not occurred by a specified date. Developers sometimes used this to exit contracts and re-sell at higher prices when property values rose during construction. That approach is now significantly restricted, according to the Queensland Government.
From 22 November 2023, a seller of a proposed residential land lot can only use a sunset clause to terminate the contract in one of three ways: with the buyer's written consent, under a Supreme Court order, or in a situation prescribed by regulation. This reform applies to contracts that were signed but not yet settled by 22 November 2023, as well as to all contracts signed after that date.
"The sunset clause reform means a developer cannot simply let a deadline pass to exit a contract and re-sell at a higher price. For land contracts, a seller now needs the buyer's written consent or a court order to terminate on that basis."
Jade Kickbusch, Principal, Brookwater Legal
One important boundary: the sunset clause reform applies to contracts for proposed land lots. It does not extend to community title schemes such as apartments and townhouses. Buyers of off-the-plan units should read their contract's sunset provisions carefully, as the pre-reform position continues to apply to those contracts.
Does the reform apply differently to houses and apartments?
Yes, and this is the distinction that most off-the-plan buyers miss. The protections introduced by the 22 November 2023 reform apply to proposed land lots, which covers the house and land packages common in estates across Springfield Lakes, Redbank Plains and Ripley, according to the Queensland Government. Apartment and townhouse contracts in community title schemes are not covered by the sunset reform.
For apartment buyers, the community management statement and the body corporate disclosure documents are the primary source of information about what is being purchased and under what terms. The sunset clause in an apartment contract remains as negotiated between the parties, and a buyer's ability to terminate depends on what the contract says and whether the developer has complied with its disclosure obligations under the Body Corporate and Community Management Act.
This means the type of property determines which framework governs. A buyer purchasing a house and land package in a new estate near Augustine Heights operates under a different legal structure from a buyer purchasing an off-the-plan unit in a building in central Ipswich. Both are buying off the plan, but the protections differ.
How does a solicitor assist with an off-the-plan purchase in Springfield or Ipswich?
A solicitor reviews the contract, the disclosure statement and the community management statement before you commit to anything. In an off-the-plan contract the terms are set by the developer and the standard documents heavily favour the seller's position.
A solicitor acting for an off-the-plan buyer generally assists with:
- › Contract review: checking the sunset date, the settlement mechanics, the deposit terms and any special conditions before you sign.
- › Disclosure review: checking that the disclosure statement meets Queensland's requirements and advising on any gaps or unusual terms.
- › Transfer duty and grant eligibility: advising on the first home owner grant and duty concessions available for new homes, including any eligibility requirements that apply from 1 August 2026.
- › Settlement: managing the eConveyancing process through the Titles Queensland electronic lodgement network, conducting searches and attending to the transfer of title on completion.
Step 1: Talk to us
Our conveyancing team can walk you through what a particular off-the-plan contract involves and what to look for before you sign.
Step 2: Review the contract and disclosure documents
The contract, the disclosure statement and any community management statement are reviewed in detail. Particular attention goes to the sunset date, the deposit terms, the permitted variations clause and the conditions under which either party can terminate before settlement.
Step 3: Manage the pre-settlement period
Between signing and settlement, a solicitor monitors the development timeline, advises on any material changes to the disclosure and manages any rights to terminate that may arise, including under the 18-month settlement limit or the material prejudice provision.
Step 4: Attend to settlement and title
Settlement in Queensland is now conducted electronically through the Titles Queensland lodgement network, according to Titles Queensland. Transfer duty, the land tax clearance, the Form 24 property information and any first home owner grant are all handled as part of the settlement process.
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When does buying off the plan not suit a buyer's situation?
Off-the-plan purchasing suits some buyers and not others, and recognising the scenarios where it creates difficulty is as useful as understanding the benefits.
Buyers who need certainty of settlement timing often find off-the-plan challenging. The 18-month limit under the Land Sales Act 1984 sets a ceiling, but settlement commonly occurs well before that and can also be delayed beyond initial projections. A buyer who has sold an existing home and is renting in the interim carries real cost if completion slips.
Buyers relying on a finance approval granted at the time of signing face the possibility that the approval does not extend to settlement, particularly if settlement is more than 12 months away. Finance conditions in an off-the-plan contract are more complex than in a standard purchase, and the treatment of an expired pre-approval is a contract-specific question.
Buyers of apartments in community title schemes do not have the benefit of the 22 November 2023 sunset clause reform. Where the contract gives the developer broad latitude to trigger a sunset termination, and where the development is in an area where values may rise significantly, that exposure warrants careful attention before signing.
What financial benefits are available for off-the-plan buyers in Queensland?
Two Queensland financial benefits are specifically relevant to off-the-plan buyers, and both are more generous for new homes than for established ones.
The first home owner grant and the first home duty concession for new homes:
- › First home owner grant: the Queensland Government provides a $30,000 grant for eligible first home buyers purchasing a new home valued at less than $750,000 including the land. An off-the-plan purchase of a house and land package or a new apartment typically qualifies where the value threshold is met. There is no equivalent grant for buyers of established homes.
- › First home (new home) concession: from 1 May 2025, the Queensland Revenue Office provides a full transfer duty concession reducing duty to nil for eligible first home buyers acquiring a new or substantially renovated home, or vacant land to build on. This is significantly more generous than the concession available for established homes.
- › Citizenship requirement from 1 August 2026: the Queensland Revenue Office requires buyers claiming a home, first home or first home vacant land concession to be Australian citizens, permanent residents or specified foreign retirees. This requirement is now live and applies to all eligible concession claims.
Only one transfer duty concession can be claimed per transaction, according to the Queensland Revenue Office. A buyer eligible for the first home new home concession does not also claim the general first home concession; the new home concession applies as the more favourable of the two.
Frequently Asked Questions
Is there a cooling-off period when buying off the plan in Queensland?
A standard 5 business day cooling-off period applies to residential property contracts in Queensland, according to the Queensland Government. Off-the-plan contracts for residential lots are generally caught by this, but there is no cooling-off period at an auction, and none for contracts signed within 2 business days of an unsuccessful auction where the buyer was a registered bidder.
What happens if the development takes longer than expected in Queensland?
Under the Land Sales Act 1984, the seller must settle no later than 18 months after the contract is signed. If settlement does not occur within that period and the delay is not the buyer's fault, the buyer may generally terminate by written notice before settlement takes place.
Can a developer change the plan after I sign an off-the-plan contract in Queensland?
Some variation is permitted, but where a change to the disclosure is material and causes significant disadvantage, the Queensland Government provides that the buyer may terminate within 30 days of receiving notification of the change, or before title transfers, whichever comes first.
Does the sunset clause reform apply to off-the-plan apartments in Queensland?
No. The 22 November 2023 sunset clause reform applies to contracts for proposed land lots. It does not extend to community title schemes such as apartments and townhouses, according to the Queensland Government. Apartment buyers remain subject to the sunset clause terms in their individual contracts.
Is the $30,000 first home owner grant available for off-the-plan purchases in Queensland?
The Queensland Government's $30,000 first home owner grant is available for eligible new homes valued at less than $750,000 including the land. An off-the-plan house and land package or new apartment will generally qualify where eligibility requirements are met. There is no equivalent grant for established homes.
Do I need a solicitor to buy off the plan in Springfield or Ipswich?
Off-the-plan contracts are prepared by the developer's legal team and the terms typically favour the seller. A solicitor reviewing the contract before you sign can identify sunset date exposure, unusual variation clauses, deposit risk and grant eligibility, all before you are committed. Brookwater Legal assists buyers across Springfield, Ipswich and Greater Springfield with off-the-plan conveyancing from contract through to settlement.
What is the difference between buying off the plan and buying a house and land package in Queensland?
A house and land package in a new estate is a common form of off-the-plan purchase in Greater Springfield and Ipswich: the land is typically contracted separately from the build, or as a combined contract. The Land Sales Act 1984 applies to the land component, and the building contract is a separate agreement with the builder, which brings a different set of rights and warranties under Queensland building law.
Your Next Steps
Buying off the plan in Queensland is a meaningful financial commitment made before the property exists in its final form. Getting the contract reviewed before signing, understanding the sunset clause position and knowing what the 18-month settlement limit means for a particular purchase all make the process more manageable.
If an off-the-plan purchase is on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we'll talk you through how the process generally works.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
