You have signed up for a unit or townhouse and now the paperwork is arriving. There is the contract, a disclosure statement, a body corporate certificate, a community management statement and a set of by-laws. It is a lot to read before settlement, and each document carries obligations that begin the day you take ownership.
Buying into a community titles scheme is different from buying a freestanding house. You own your lot, and you become a member of the body corporate with shared responsibility for common property. The body corporate sets levies, enforces by-laws and controls how common areas are used. Understanding what you are taking on before you sign is the most important step in the process, according to the Queensland Government.
As a Springfield law firm, we help clients across Greater Springfield and Ipswich with buying units and townhouses, including reviewing contracts and disclosure documents before they sign.
Here is how the process generally works in Queensland, and what the body corporate obligations mean for buyers.
Key takeaways
- Buying a unit makes you a member of the body corporate with no opt-out.
- The seller disclosure scheme has applied to unit sales since 1 August 2025.
- A body corporate certificate must be given to you before you sign.
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.
How does buying a unit or townhouse differ from buying a house in Queensland?
When you buy into a community titles scheme in Queensland, you buy a lot and automatically become a member of the body corporate, according to the Queensland Government. There is no opting out. From settlement day you share in the management of common property, pay levies into two funds, and are bound by the by-laws that govern how the scheme operates.
The lot boundary matters here. Under Queensland's Land Title Act, where a lot in a building format plan is separated from another lot or from common property by a floor, wall or ceiling, the boundary runs along the centre of that floor, wall or ceiling. It is not the inside surface. What sits outside that midpoint is common property, and the body corporate is responsible for it.
The body corporate insures common property and some building structures. An owner insures their own contents. Both the insurance certificate and the body corporate certificate are given to the buyer before contracts are signed, so a buyer knows what cover exists before committing.
What documents does a seller give you before you sign a contract?
Since 1 August 2025, Queensland's seller disclosure scheme has required sellers of existing units and townhouses to give buyers key documents before a contract is signed, according to the Queensland Government. The scheme operates under the Property Law Act 2023.
For a lot in a community titles scheme, the seller must give a signed seller disclosure statement (Form 2) together with prescribed certificates. Those certificates include a current title search and survey plan, any relevant notices under the Environmental Protection Act, Building Act and Planning Act, a pool safety certificate where one applies, and for community titles schemes specifically, the community management statement and a body corporate certificate.
The body corporate certificate is an approved form that shows the levies due for the lot, any levies outstanding from the current owner, the latest financial statement and the by-laws. The Queensland Government says the body corporate must provide it within five days of a written request from the seller. The certificate reflects the position only on the day it is issued, so it is worth checking that the one you receive is recent.
If a seller does not provide the disclosure documents before you sign, or if the disclosure is inaccurate or incomplete in a material way that you were unaware of and would have changed your decision, the Queensland Government says you may be able to terminate the contract up to settlement.
"The body corporate certificate and community management statement tell you a lot about what you are buying into. Levies, by-laws, the sinking fund balance and any outstanding debt from the current owner are all in there before you sign."
Jade Kickbusch, Principal, Brookwater Legal
What are body corporate levies and how are they set in Queensland?
Body corporate levies fund two mandatory accounts, according to the Queensland Government.
The two funds and what they cover:
- › Administrative fund: regular maintenance of common property, insurance premiums and day-to-day expenses.
- › Sinking fund: large or one-off capital items such as painting, structural repairs to common property and replacing major items like fencing.
At each annual general meeting the body corporate agrees the budgets for both funds and sets what each lot pays. This is generally based on the contribution schedule lot entitlements in the community management statement. Money cannot move between the two funds.
The sinking fund budget must reserve for likely capital spending for at least nine years beyond the current financial year. A professional forecast is optional but common in larger schemes.
The Queensland Government says a body corporate may give a discount of no more than 20 percent of an instalment paid on time, and may charge simple interest of no more than 2.5 percent for each month overdue on unpaid levies. Unpaid levies of the current owner can become the buyer's liability, so the body corporate certificate needs to be read carefully before settlement. A special contribution may also be levied for unexpected costs not covered in the budget.
What do by-laws mean for you as an owner?
By-laws govern the administration, management and control of common property and body corporate assets, and the use and enjoyment of lots and common areas, according to Queensland's Body Corporate and Community Management Act.
There are limits on what by-laws can require. Under the Act, a by-law cannot restrict the type of residential use of a lot that may lawfully be used for residential purposes. A by-law cannot prevent or restrict a transfer, mortgage, lease or other dealing with a lot, and must not discriminate between types of occupiers or be oppressive or unreasonable. A by-law that is inconsistent with the Act is invalid to that extent.
On pets, the Act is specific: a by-law must not prohibit keeping or bringing an animal onto a lot or common property, and must not restrict the number, type or size of animals. A by-law may require the body corporate's written approval first, but the body corporate must not unreasonably withhold that approval. Refusing on the ground that no pets are permitted is unreasonable under the Act.
Changes to by-laws generally require a special resolution at a general meeting. An exclusive use by-law, which gives one lot's owner exclusive use of part of the common property, requires a resolution without dissent.
How does a solicitor help with buying a unit or townhouse in Queensland?
Step 1: Talk to us
Get in touch and we will explain what the contract and disclosure documents mean, what to look for in the body corporate certificate, and what the next steps look like.
Step 2: Review the contract and disclosure documents
We review the contract of sale, the seller disclosure statement, the body corporate certificate, the community management statement and the by-laws, and we flag anything in those documents that affects the purchase.
Step 3: Carry out searches and handle transfer duty
We conduct title searches and other relevant searches, advise on transfer duty and any concessions that may apply, and lodge the documents with the Queensland Revenue Office.
Step 4: Manage settlement and registration
We handle settlement through an approved Electronic Lodgment Network operator, PEXA or Sympli, per the Titles Queensland mandate for electronic conveyancing. Once settlement completes and the title is registered in your name, we notify you and wrap up the file.
| Get in touch Need help with buying a unit or townhouse? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. |
When does the cooling off period apply to a unit purchase in Queensland?
The five business day cooling off period applies to contracts for the sale of residential property, including units and townhouses, according to the Queensland Government. It runs from the day the buyer receives a signed copy of the contract from both parties. If that day falls on a weekend or public holiday, it starts the next business day and ends at 5pm on the fifth business day.
To cancel during the cooling off period, the buyer must give the seller written notice by 5pm on the fifth day. The seller may deduct a penalty of up to 0.25 percent of the purchase price from the deposit, and the rest of the deposit must be refunded within 14 days.
There is no cooling off period where the property is purchased at auction, or where a private treaty contract is entered into within two business days of an unsuccessful auction of that property and the buyer was a registered bidder at that auction.
What does the seller disclosure scheme not cover when buying a unit?
The seller disclosure statement and the body corporate certificate carry a significant amount of information, but there are things they do not cover, and buyers in Springfield, Ipswich and across Queensland need to be aware of them before relying solely on those documents.
Items outside the disclosure scheme for units:
- › Structural soundness: the disclosure statement does not warrant whether the building is structurally sound. A pre-purchase building inspection is a separate step.
- › Flooding history: information about whether the property has flooded is not required in the seller disclosure statement. The Queensland Government says buyers should make their own enquiries with the local council.
- › Previous building approvals: whether structures on the common property were properly approved is not covered. Buyers make their own enquiries.
- › Off the plan lots: the seller disclosure scheme does not apply to off the plan sales. Those are governed by the Land Sales Act and the Body Corporate and Community Management Act disclosure requirements instead.
This is why a solicitor reviewing the contract and the disclosure documents before you sign is worth the time. The disclosed information is the starting point, not the complete picture.
Frequently Asked Questions
What is the difference between a lot and common property in a Queensland unit complex?
Your lot is defined by the registered survey plan. Under Queensland's Land Title Act, where a lot is separated from common property by a wall, floor or ceiling, the boundary runs along the centre of that surface, not the inside.
Can a body corporate by-law ban pets in a Queensland unit complex?
No. Under Queensland's Body Corporate and Community Management Act, a by-law cannot prohibit keeping an animal on a lot or restrict the number, type or size. A by-law may require prior written approval, but the body corporate must not unreasonably withhold it.
What does a body corporate certificate show in Queensland?
According to the Queensland Government, a body corporate certificate is an approved form showing levies due for the lot, any levies outstanding from the current owner, the latest financial statement and the by-laws. It is accurate only on the day of issue.
Are first home buyer concessions available when buying a unit in Queensland?
Potentially, yes. The Queensland Revenue Office administers the first home concession, which applies to homes valued under $800,000, and the home concession for owner-occupiers generally. From 1 August 2026, buyers must be Australian citizens, permanent residents or specified foreign retirees to claim a home or first home concession.
Does the seller disclosure scheme apply to off the plan unit purchases in Queensland?
No. According to the Queensland Government, the seller disclosure scheme does not cover off the plan sales. Those purchases are governed by the Land Sales Act and the Body Corporate and Community Management Act disclosure requirements instead.
Do you need a solicitor when buying a unit in Springfield or Ipswich QLD?
In Queensland, conveyancing is a legal service that can only be provided by qualified solicitors and law practices, according to the Legal Services Commission. A solicitor reviews the contract, the disclosure documents and the body corporate certificate, and manages the settlement and title registration on your behalf. Our conveyancing team acts for buyers across Greater Springfield and Ipswich.
What is the sinking fund in a Queensland body corporate and why does it matter?
The sinking fund covers large or one-off capital expenses such as painting and structural repairs to common property, according to the Queensland Government. The budget must reserve for likely spending for at least nine years ahead. A well-funded sinking fund generally means fewer unexpected special contributions after you move in.
Your Next Steps
Buying a unit or townhouse in Queensland gives you access to low-maintenance living and shared amenities, but it also brings ongoing obligations that begin at settlement. Understanding the levies, the by-laws and what the body corporate can and cannot require before you commit protects you from surprises. For buyers in Ipswich and Greater Springfield, reviewing the body corporate certificate and the community management statement before signing is one of the most useful things a solicitor can do.
If you're working through buying a unit or townhouse, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.
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External Resources
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.
