What Is a House and Land Contract in QLD? (2026)

Many buyers assume a house and land package works like buying an existing home: one contract, one settlement, one set of costs. That assumption can lead to real surprises, because a package is often structured as two separate contracts with different conditions, different duty treatment and different timelines for the first home owner grant.

The Queensland Building and Construction Commission notes that a project home can be bought as a house and land package from a developer, or chosen from standard plans and built on an existing block. Whether it is one linked contract or two separate agreements, each has its own legal terms and each carries obligations that start from the moment it is signed.

Brookwater Legal helps clients across Greater Springfield and Ipswich with buying property and navigating building contracts, including house and land packages.

Here is how house and land contracts generally work in Queensland, and what the key differences are from buying an established home.

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 is a house and land contract in Queensland?

A house and land package in Queensland may be structured as a single contract to buy a new home and an interest in the land, or as two linked agreements: one for the vacant land and a separate building contract for the construction. The Queensland Government refers to both as "linked or single house-and-land contracts", and the structure used matters because each form carries different legal obligations, different deposit rules and different treatment under Queensland's duty and grant rules.

Unlike buying an established home, there is no completed dwelling to inspect at the time of signing. The land may be on an unregistered plan, meaning the title does not yet exist. The building may not start until after land settlement. Understanding which type of contract applies to a given package is the first task for any solicitor reviewing the documents.

How does this differ from buying an established home in Queensland?

Buying an established home in Queensland is governed by the standard residential contract, which gives a buyer a 5 business day cooling-off period, requires a seller disclosure statement from 1 August 2025, and generally settles within weeks of the contract becoming unconditional, according to the Queensland Government.

A house and land arrangement works differently in several ways.

The key differences buyers generally encounter:

• › No seller disclosure statement: off-the-plan land has its own disclosure regime under Queensland's Land Sales Act rather than the seller disclosure scheme that applies to existing residential property, according to the Queensland Government.
• › Two settlement events: where there are two contracts, land settlement happens when the title registers. Building progress payments then follow in stages according to the construction contract's terms.
• › Building contract rules: the Queensland Building and Construction Commission sets rules about deposits, cooling-off periods and home warranty insurance that apply to building contracts but not to the land sale itself.
• › Grant timing: where there is a contract to build, the Queensland Revenue Office says the first home owner grant is generally paid on the first drawdown of funds, not at land settlement.

What duty concessions and grants apply to a house and land package in Queensland?

Transfer duty concessions available to eligible first home buyers, as at 25 June 2026:

• › First home vacant land concession: for contracts dated 1 May 2025 or later, an eligible first home buyer may pay no duty on vacant residential land with no building on it, according to the Queensland Revenue Office. The buyer must build their first home and move in within 2 years of land settlement, and this period cannot be extended. The land cannot be sold or rented before the buyer moves in.
• › First home (new home) concession: for contracts dated 1 May 2025 or later, an eligible first home buyer may also pay no duty on a new home with no value cap, according to the Queensland Revenue Office. The buyer must move in within 1 year of settlement, and that period cannot be extended.
• › Citizenship requirement: from 1 August 2026, buyers claiming any home, first home or first home vacant land concession must be Australian citizens, permanent residents or specified foreign retirees, according to the Queensland Revenue Office.
• › First home owner grant:$30,000 for eligible buyers of a new home valued at less than $750,000 including the land and any contract variations, according to the Queensland Revenue Office. For a contract to build, value is the building contract price plus the unencumbered value of the land at the contract date. The grant is generally paid on the first drawdown of funds through an approved lender.
• › No grant for established homes: the first home owner grant is not available to buyers of established homes, according to the Queensland Government.
• › Only one concession per transaction: only one transfer duty concession can be claimed per transaction, according to the Queensland Revenue Office.

How does a building contract work in Queensland?

The building contract covers the construction of the home and is regulated separately by the Queensland Building and Construction Commission. A written contract is required for work valued at more than $3,300, and it must be signed before work begins.

Step 1: Talk to us

Get in touch and we will explain how the process generally works for both the land contract and the building contract, and what to look for before signing either.

Step 2: Review both contracts

We review the land sale contract and the building contract separately, checking the conditions, the deposit structure, the sunset clause (where applicable) and any estate covenants or design requirements that apply to the lot.

Step 3: Land settlement and construction begins

Once the land title registers, land settlement occurs and construction generally starts. We coordinate with the lender and the builder's side to make sure the right documents are in place at each stage.

Step 4: Handover and title transfer

At practical completion the Queensland Building and Construction Commission's rules require a final inspection and the provision of the Consumer Building Guide. We then attend to the registration of the completed home and any remaining duty or grant steps with the Queensland Revenue Office.

Get in touch Need help with a house and land package? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. Make an Appointment Call (07) 3437 8555

When does a house and land package not apply to you?

Not every new home purchase involves a house and land contract. A buyer who purchases a newly completed home from a developer, where the building is already finished and a title already exists, is generally buying under a standard residential contract, not a house and land arrangement. In that case the seller disclosure scheme, the standard cooling-off period and the established-home rules apply instead.

Similarly, a buyer who purchases only the land, with no agreement in place for construction, holds a vacant land contract on its own. The first home vacant land concession may apply in that situation, but the first home owner grant requires a contract to build, a contract to purchase a new home off the plan, or an owner-builder arrangement, according to the Queensland Revenue Office. A buyer who has signed only a land contract and has not yet arranged construction does not automatically qualify for the grant.

The distinction between a single house and land contract and two linked contracts also matters for the first home owner grant. The Queensland Revenue Office states that a buyer does not have an off-the-plan contract to purchase if they have both a vacant land contract and a separate building contract. That distinction affects how and when the grant applies and when it is paid.

What do building contract rules require in Queensland?

The Queensland Building and Construction Commission sets several rules that apply specifically to building contracts and not to the land sale.

Key building contract rules, according to the Queensland Building and Construction Commission:

• › Cooling-off period: generally 5 business days from the day after the owner receives the signed contract and, for work of $20,000 or more, the QBCC Consumer Building Guide. An owner who withdraws in that period generally pays $100 plus the builder's reasonable out-of-pocket expenses.
• › Deposit limits: for work of $20,000 or more, the maximum deposit is 5% of the contract price. For work from $3,301 to $19,999 it is 10%. Where work done off site exceeds 50% of the price, a higher deposit of up to 20% may apply.
• › Home warranty insurance: compulsory for residential construction work over $3,300. Cover lasts 6 years and 6 months from the earliest of the premium being paid, the contract being entered into or the work starting, and attaches to the property if it is sold.
• › Statutory warranties: part of every regulated domestic building contract even if not written in it. The warranty period is 6 years for structural defects and 1 year for other breaches.
• › Builder's licence: a QBCC licence is required for building work valued over $3,300. The QBCC's online licence search shows a contractor's licence and history.

What about covenants and estate rules in a new estate?

Many house and land packages in new estates in Greater Springfield, Ipswich and surrounding areas come with building covenants set by the developer. Sunshine Coast Council describes building covenants as rules developers may use so that structures and landscaping in their development meet certain standards, such as roof type and building colour. South Burnett Regional Council similarly describes covenants that may set minimum dwelling sizes, restrict external materials or regulate where clotheslines and air conditioning units go.

Covenants registered with Titles Queensland bind the owner and all successors in title until released, according to Titles Queensland's Land Title Practice Manual. A covenant that a developer describes as a "design guideline" may or may not be registered on the title: a title search will confirm this before any contract is signed.

The contract, the title search, the community management statement (for lots in a body corporate) and any disclosed covenant documents show what applies to a particular lot. A solicitor can review these before you commit.

Frequently Asked Questions

Your Next Steps

House and land packages in Greater Springfield and Ipswich are one of the most active segments of the Queensland property market, and they carry genuine complexity that a standard home purchase does not. Getting both contracts reviewed before you sign is what protects the deposit, secures the grant and keeps the build timeline on track.

If you're working through a house and land purchase, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.

By the Brookwater Legal Team Brookwater Legal is owned and run by Jade Kickbusch who has worked in the legal industry since 2009 and was admitted as a solicitor of the Supreme Court of Queensland in 2023, holding a Bachelor of Laws from the University of Southern Queensland. Jade leads the firm's conveyancing and property division and its wills and estates division, and oversees a team acting for clients across Greater Springfield and Ipswich in property, family law, estates and business matters. Meet the team → Make an Appointment →

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.