You have found a new development you like, the floor plan suits you, and the agent is asking you to sign today. Off the plan purchases in Queensland move fast, but the legal process underneath them is different in almost every way from buying an established home, and the contracts reflect that.
The title to your lot does not exist yet. Settlement may be twelve months or more away. The disclosure rules, the duty concessions, the deposit protections and the sunset clause laws all work differently here than they do in a standard residential sale. Queensland's seller disclosure scheme, which commenced on 1 August 2025, does not apply to off the plan land sales; they have their own regime under the Land Sales Act.
Our solicitors in Springfield and Ipswich help clients across Greater Springfield with off the plan contracts, from reviewing the disclosure statement before signing to managing settlement once the title registers.
Here is what the off the plan conveyancing process generally involves in Queensland, and what the key protections mean.
Key takeaways
- Off the plan contracts are subject to different disclosure rules than established home sales.
- Sellers must settle within 18 months of contract under Queensland's Land Sales Act.
- Deposits paid before settlement are held in trust, not released to the developer.
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 makes an off the plan purchase different from buying an established home in Queensland?
An off the plan purchase means entering a contract before construction is complete and before the title to the lot has been created, according to the Queensland Government. At the time of signing, the buyer is contracting to buy something that does not yet legally exist as a separate parcel of land.
That single fact changes nearly every part of the conveyancing process. There is no title to search, no building to inspect and no settlement date that is fixed in the usual way. The contract price is agreed now, but settlement may not happen for a year or more, depending on when the developer registers the plan and creates individual titles.
The Queensland Government's seller disclosure scheme, which requires sellers to give buyers a disclosure statement before signing, does not cover off the plan sales. Those transactions are governed instead by the Land Sales Act and, for lots in community titles schemes such as apartments, by the Body Corporate and Community Management Act. A solicitor reviews which regime applies before contract.
What must a seller disclose before an off the plan contract is signed in Queensland?
Before contract, the seller must give the buyer a signed disclosure statement and a disclosure plan, according to the Queensland Government. For land, the plan must cover the proposed lot's dimensions and area, any planned earthworks and the lot's orientation.
The disclosure statement must identify the seller and the buyer and record key claims about the future title. It also covers matters such as any easements, covenants or infrastructure charges that will affect the lot, and what the seller is and is not warranting about the property.
If the buyer does not receive the required disclosure before signing, Queensland's Land Sales Act allows the buyer to terminate the contract by written notice before settlement. That protection sits with the buyer throughout the contract period, not just at the beginning.
What happens if the plan changes after the contract is signed?
Plans change on development sites. Where the registered plan differs materially from what the buyer was shown, Queensland's Land Sales Act requires the seller to give the buyer a further statement before settlement, correcting the plan and explaining the differences in plain English.
A buyer who would be materially prejudiced if made to complete the purchase at those changed terms may terminate the contract by written notice before settlement. The notice must be given within the period the Act sets after the seller's further statement, or within a longer period the parties have agreed. No official source states the number of days, because Queensland government pages still carry conflicting figures on this point.
Before settlement, the seller must also give the buyer the registered plan and a cadastral surveyor's statement confirming the plan matches the disclosure plan, at least 14 days before the settlement date. If the seller fails to do that, other than because of something the buyer did, the buyer may again terminate by written notice before settlement.
Where a buyer terminates under any of these rules, the seller must repay the money paid and any interest it earned within 14 days, subject to trust account law, according to Queensland's Land Sales Act.
How are deposits protected in an off the plan purchase in Queensland?
Deposit protection is one of the most significant differences between an off the plan purchase and a standard contract. Under Queensland's Land Sales Act, money paid before settlement goes directly to the law practice or real estate agent named in the contract, or otherwise to the Public Trustee. It is not released to the developer at the time of payment.
The Act also provides for a security instrument, such as a bank guarantee, in place of a cash deposit. How the deposit is held, when it can be released and what happens to it if the contract ends are all set out in the contract itself.
A solicitor reviews the deposit provisions before a buyer signs. The buyer should understand how the deposit is held and under what circumstances it is returned or forfeited before committing to the contract.
What is a sunset clause and what are the rules in Queensland?
A sunset clause is a term in an off the plan contract allowing a buyer or a seller to end the contract if it does not settle by a specified date, according to the Queensland Government. Sunset dates are commonly tied to the registration of the plan of subdivision, the creation of a separate title for the lot, or settlement itself.
Queensland law significantly limits how a seller can use a sunset clause. Under the Land Sales Act, a sunset clause cannot automatically end an off the plan land contract. The seller must give the buyer a written sunset clause notice at least 28 days before the sunset date, and then needs either the buyer's written consent or a Supreme Court order before the contract can be terminated on that ground.
The buyer does not have to consent. If the buyer does not respond by the day before the sunset date, that silence is not treated as consent. Where a seller seeks a court order, the court considers whether the seller acted reasonably and in good faith, the effect on the buyer, and whether the land has increased in value since the contract was signed.
These reforms apply to off the plan land contracts. They do not extend to lots in community titles schemes, such as apartments, or to sunset clauses in house and land contracts. A solicitor can confirm which rules apply to a particular contract.
How does the 18 month settlement rule work?
Regardless of what a sunset clause says, under the Land Sales Act a seller of a proposed lot must settle no later than 18 months after the contract date. If the seller does not settle within that period, and the delay is not caused by the buyer's default, the buyer may terminate the contract by written notice before settlement.
This rule gives buyers a statutory outside limit, separate from any sunset clause, on how long a developer can hold them to a contract without completing it. It applies to land contracts governed by the Act.
Where a contract runs close to the 18 month mark, a solicitor monitors the timeline and advises on the buyer's options before any rights to terminate are lost.
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When do the first home owner grant and duty concessions apply to an off the plan purchase in Queensland?
Off the plan purchases can attract both the first home owner grant and the first home (new home) transfer duty concession, but eligibility rules apply, according to the Queensland Revenue Office.
The first home owner grant of $30,000 is available for new homes valued at less than $750,000 including land and any contract variations. An off the plan purchase qualifies as a new home where the lot has not been previously occupied or sold as a place of residence. The buyer must move in within one year of the completed transaction and live there continuously for six months.
The first home (new home) concession applies to contracts dated 1 May 2025 or later and has no property value cap, unlike the concession for established homes. A full concession reducing duty to nil is available for eligible first home buyers. From 1 August 2026, buyers claiming a home or first home concession must be Australian citizens, permanent residents or specified foreign retirees, according to the Queensland Revenue Office.
The grant and the concession have separate conditions, and a solicitor confirms which apply to a particular purchase before the contract is signed.
"Off the plan contracts give buyers important statutory protections around disclosure, deposit security and settlement timeframes, but those protections only work if the contract is reviewed before signing."
Jade Kickbusch, Principal, Brookwater Legal
What does off the plan conveyancing involve from a solicitor's perspective in Queensland?
Step 1: Talk to us
Get in touch and we'll explain how the process generally works and what the next steps look like for an off the plan purchase.
Step 2: Review the contract and disclosure documents
We review the contract, the disclosure statement and the disclosure plan before you sign. That includes checking the sunset clause, how the deposit is held, what happens if the plan changes and whether the first home concessions apply to your purchase.
Step 3: Monitor the development timeline
We track the key dates in the contract, including the 18 month settlement limit and any sunset clause date, and advise on your options if the development is delayed or the registered plan differs from the disclosure plan.
Step 4: Manage settlement once the title registers
Once the plan is registered and the titles issue, we manage the settlement process through our conveyancing team, coordinate the transfer duty lodgement and ensure the title registers in your name.
What are the common mistakes buyers make with off the plan contracts in Queensland?
The most common problem is signing without a solicitor reviewing the contract first. Off the plan contracts are drafted by the developer's lawyers and are detailed documents. The disclosure statement, the sunset clause, the deposit provisions, the material prejudice rights and the conditions around plan changes all need to be understood before a buyer commits.
A second common issue is assuming that the first home owner grant and the duty concession automatically apply. Both have specific eligibility requirements. A buyer who does not meet the residency condition, or who has previously owned residential property in Australia, may not qualify.
A third issue is not tracking the 18 month settlement deadline and the pre-settlement document obligations. Where a seller misses the obligation to provide the registered plan and surveyor's statement at least 14 days before settlement, the buyer has a right to terminate. That right is lost if the buyer proceeds to settle without raising it.
When does this process not apply to you?
Not every new home purchase is an off the plan land contract governed by the Land Sales Act. A house and land package, for example, may consist of a separate land contract and a separate building contract. The land contract settles when the vacant lot registers, and the building then follows under the building contract. The Land Sales Act's off the plan protections apply to the land component; the building contract is governed by separate rules including those administered by the Queensland Building and Construction Commission.
A purchase of an apartment or unit in a community titles scheme is also different. Lots in a community titles scheme, such as a strata-titled apartment building, have their own disclosure regime under the Body Corporate and Community Management Act. The 2023 sunset clause reforms that restrict developers from using sunset clauses to exit land contracts do not extend to lots in community titles schemes.
A solicitor can confirm which legal framework governs a particular contract before the buyer signs.
Frequently Asked Questions
What is an off the plan purchase in Queensland?
An off the plan purchase means entering a contract before construction is complete and before the title to the lot has been created, according to the Queensland Government. The buyer contracts to purchase a lot that does not yet legally exist as a separate parcel of land.
How long does a developer have to settle an off the plan land contract in Queensland?
Under Queensland's Land Sales Act, a seller must settle no later than 18 months after the contract date. If that deadline passes without settlement, and the delay is not the buyer's fault, the buyer may terminate by written notice before settlement.
Can a developer use a sunset clause to cancel an off the plan Queensland contract?
Generally not without the buyer's written consent or a Supreme Court order, according to Queensland's Land Sales Act. The seller must give written notice at least 28 days before the sunset date. The buyer's silence does not count as consent.
Is a deposit paid on an off the plan purchase protected in Queensland?
Under Queensland's Land Sales Act, money paid before settlement goes to the law practice or real estate agent named in the contract, or to the Public Trustee. It is not released to the developer. The Act also allows for a bank guarantee instead of a cash deposit.
Does the Queensland seller disclosure scheme apply to off the plan purchases?
No. The seller disclosure scheme that commenced on 1 August 2025 does not cover off the plan sales, according to the Queensland Government. Off the plan land purchases have their own disclosure regime under the Land Sales Act, and community titles lots have additional requirements under the Body Corporate and Community Management Act.
Do you need a solicitor for an off the plan purchase in Springfield or Ipswich QLD?
A solicitor reviews the contract and disclosure documents before signing, monitors the development timeline and manages settlement once the title registers. Off the plan contracts are detailed and the protections they contain only work if they are understood before a buyer commits. Our conveyancing team acts for buyers across Greater Springfield and Ipswich.
Can a first home buyer claim the Queensland grant on an off the plan purchase?
Potentially yes. The first home owner grant of $30,000 is available for new homes valued at less than $750,000 including land and any contract variations, according to the Queensland Revenue Office. The buyer must be an eligible individual, meet the residency requirement and not have previously owned residential property in Australia.
Your Next Steps
Off the plan purchases in Greater Springfield and Ipswich are increasingly common as new estates and apartment developments expand across the region. The statutory protections Queensland law provides, including the deposit trust rules, the 18 month settlement limit and the restrictions on sunset clause use, are meaningful, but they apply only where the contract has been reviewed and the buyer understands what to do if something changes.
If off the plan conveyancing 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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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.
