Most buyers focus on what is on the land they are buying. Fewer check what the government has planned for it. In Queensland, a property can be affected by infrastructure designations, resumption notices or development approval conditions that sit on the title or in council's records and bind every future owner.
These are not rare edge cases. Ipswich and Greater Springfield are among the fastest-growing areas in Queensland, and active transport, road and utilities planning means infrastructure interests are noted against land here more often than in many other parts of the state. The seller disclosure scheme, which commenced on 1 August 2025, now requires sellers to disclose certain government notices before a buyer signs, but it does not cover everything, and some of the most significant interests require a buyer to search independently.
As a Springfield law firm, we help clients across Greater Springfield and Ipswich with buying and selling property and reviewing contracts before they sign.
Here is what infrastructure approvals and government notices generally mean for a Queensland property contract, and which searches give a buyer the full picture.
Key takeaways
- Sellers must disclose certain government resumption and transport notices before a buyer signs.
- Infrastructure charges attach to the land and bind later owners, not just the current one.
- Development approval conditions on the title can continue in force long after construction finishes.
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 do infrastructure designations and resumption notices affect a Queensland property contract?
A government body in Queensland can identify land for future infrastructure, and that identification can sit over a property for years before any physical work happens. According to Queensland's Planning Act, an infrastructure designation identifies premises for infrastructure, and it stops having effect six years after it starts unless a specific exception applies, such as a public sector entity then owning or holding an easement over the premises, or having given a notice of intention to resume them.
A notice of intention to resume is different. The Department of Transport and Main Roads, local governments and other resuming authorities can serve one on an owner before acquiring land. According to the Queensland Government, a notice of intention to resume does not take the land and the owner does not have to move out, but the authority then has twelve months to make an application to take the land. Once land is actually taken, under Queensland's Acquisition of Land Act it vests in the Crown or authority on the day the resumption notice is published in the gazette.
The Queensland Government says compensation is based on market value on the gazette date, and a person with an interest in the land can claim within three years of that date. If compensation cannot be agreed, either party can go to the Land Court. The Coordinator-General has also noted that an owner of a property is not entitled to compensation if they buy it after part of the property, or an easement on the property, has already been compulsorily acquired, unless compensation is part of the terms of the contract of sale.
What does the seller disclosure scheme require a seller to tell a buyer?
Queensland's seller disclosure scheme, which the Queensland Government introduced on 1 August 2025, requires sellers of existing residential property, commercial property and vacant land to give buyers a signed seller disclosure statement before the buyer signs the contract. That statement must say whether the lot is affected by a government notice given to the seller about a transport infrastructure proposal to put transport infrastructure on the lot or alter its dimensions, or by a notice of intention to resume any part of it.
Where a seller does not give disclosure documents, or gives inaccurate or incomplete information that was material and that the buyer was unaware of at signing, the buyer may be able to terminate the contract at any time up to settlement, according to the Queensland Government. That right to terminate is the buyer's remedy for a failure in the scheme.
The scheme does not cover everything. The Queensland Government notes that the seller disclosure statement does not cover flooding history, structural soundness, or development approvals and conditions on how the land may be used. Those require separate enquiries.
- › Disclosed by the seller: transport infrastructure notices, resumption notices given to the seller, EMR and contaminated land register listings, heritage listing, pool safety certificates and body corporate certificates.
- › Not disclosed by the seller: development approval conditions that limit use, infrastructure charges outstanding against the land, flood mapping, unapproved building work, and nearby planning proposals that do not yet affect the lot.
- › The buyer's responsibility: searching for anything in the second category before signing, or making the contract conditional on satisfactory search results.
When do development approval conditions stay on a property after it is sold?
Development approvals run with the land. Crown Law Queensland has confirmed, following a High Court decision, that approval conditions attach to the premises and bind the owner, the owner's successors in title and any occupier. Ipswich City Council similarly notes that planning approval conditions remain in force after construction and during the use.
This means a buyer can inherit obligations set out in an approval granted to a previous owner. Common examples include conditions about car parking numbers, landscaping, restricted hours of use on a commercial lot, or a requirement to construct or contribute to particular infrastructure before the land is used in a certain way.
Development applications lodged since 1 January 2005 are available through Ipswich City Council's Development.i service. That tool shows past and current applications but does not show building applications or plumbing permits, and the council notes it does not replace a formal property search.
What searches tell a buyer about infrastructure interests before signing?
No single search covers every infrastructure interest. A buyer typically needs several, run before signing or made conditions of the contract.
Searches that help buyers understand infrastructure interests:
- › Title search: a current title search from Titles Queensland shows registered interests, easements, covenants and any administrative advice recorded against the lot, including vegetation management notifications and recorded resource agreements.
- › Transport and Main Roads property search: the Department of Transport and Main Roads offers a property search covering all transport projects, including railways, busways and state-controlled roads, and whether the department has or may have a land requirement over a property.
- › Council planning and development certificate: Ipswich City Council's standard property search certificate includes outstanding infrastructure charges against the land and unregistered resumptions or realignments, according to the council's property search service. A limited or standard certificate can be ordered through council's online system.
- › Development.i: Ipswich City Council's free mapping tool shows development applications by address or map and is a useful first check, though not a substitute for a formal certificate.
- › Business Queensland land searches: Business Queensland notes that land searches for conveyancing include searches through Energex, Ergon and Powerlink, as well as the Transport and Main Roads search, to check for utility and infrastructure interests.
How does a solicitor help with infrastructure interests in a Queensland property contract?
A solicitor reviewing a property contract in Queensland checks the seller disclosure statement against the search results, identifies any notices that bind the land, and advises on what conditions should be included in the contract to protect the buyer. Our conveyancing team orders and reviews the relevant searches, interprets any infrastructure interests found, and helps negotiate contract conditions where a notice or charge is discovered before signing.
Step 1: Talk to us
Get in touch and we will explain how the contract review and search process generally works and what to expect at each stage.
Step 2: Review the contract and disclosure documents
We review the seller disclosure statement and the contract before signing, checking for any transport or resumption notices already disclosed and identifying which searches still need to be done.
Step 3: Order and interpret the searches
We order the relevant searches, including the title search, council certificate and Transport and Main Roads property search, and explain what each result means for the buyer's position.
Step 4: Advise on conditions and next steps
Where a search reveals an infrastructure interest, we advise on what options are available, whether the contract can be made conditional, and what the buyer should know before proceeding.
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What happens when a property is affected by a notice that was not disclosed?
A buyer who discovers after signing that a seller failed to disclose a material notice may be able to terminate the contract at any time up to settlement, according to the Queensland Government's seller disclosure scheme rules. The buyer must show the information was material, that they were unaware of it when they signed, and that they would not have signed had they known.
Where a notice issues or land is taken after the contract is signed, the position depends on the contract's own terms, and a solicitor can advise on what the contract allows. No official source states a general right to terminate or receive compensation when a government notice issues between signing and settlement, beyond what the contract itself provides.
Compensation for a resumption is based on market value on the gazette date, according to Queensland's Acquisition of Land Act. A person who buys after an acquisition has already occurred generally has no entitlement to compensation from the acquiring authority, unless compensation is specifically included in the contract of sale, as the Coordinator-General has noted.
When does this process not apply to a buyer in the usual way?
The seller disclosure scheme and its infrastructure notice obligations do not apply in every sale. The Queensland Government lists exceptions including where the buyer is the State, a government body or a listed corporation, where the parties are related, or where the sale price exceeds ten million dollars and the buyer has waived the scheme in writing.
Off-the-plan purchases of proposed lots are also not covered by the seller disclosure scheme. Those transactions are governed instead by the Land Sales Act and the Body Corporate and Community Management Act disclosure regimes. A buyer acquiring off the plan in a new estate in Greater Springfield or the broader Ipswich region should check which regime applies to their particular contract.
Frequently Asked Questions
What is an infrastructure designation under Queensland's Planning Act?
Under Queensland's Planning Act, an infrastructure designation identifies premises for future infrastructure use and can bind the land for up to six years unless a public sector entity has taken steps to acquire or use the premises, in which case it may remain in effect longer.
Does a notice of intention to resume mean a buyer has to leave the property?
No. The Queensland Government notes that a notice of intention to resume does not take the land and the owner does not have to move out. The resuming authority then has twelve months to make an application to actually acquire the land.
Are infrastructure charges shown in a Queensland property search?
A limited or standard planning and development certificate from Ipswich City Council includes outstanding infrastructure charges against the land and any unregistered resumptions or realignments, according to the council's property search service.
Do development approval conditions bind a buyer who had nothing to do with the original application?
Generally yes. Crown Law Queensland has confirmed that development approval conditions attach to the premises and bind the owner, successors in title and any occupier, regardless of who made the original application.
What compensation is available when Queensland land is compulsorily acquired?
According to Queensland's Acquisition of Land Act, compensation is based on market value on the date the resumption notice is published in the gazette. A person with an interest in the land can generally claim within three years of that date, and if compensation cannot be agreed, either party can go to the Land Court.
Do you need a solicitor to check infrastructure interests before buying a property in Springfield or Ipswich QLD?
A solicitor can review the seller disclosure statement, order and interpret the relevant searches, and advise on what any notices or charges mean for the contract before it becomes binding. Our conveyancing team helps buyers across Greater Springfield and Ipswich with exactly this process.
Does the Queensland seller disclosure scheme cover all infrastructure notices affecting a property?
No. The scheme requires disclosure of transport infrastructure notices and resumption notices given to the seller, but does not cover development approval conditions, flood risk, unapproved building work or nearby proposals that do not yet affect the lot, according to the Queensland Government.
Your Next Steps
Infrastructure notices and development approval conditions are among the least visible risks in a Queensland property purchase, and they are also among the most binding. A buyer in Springfield or Ipswich who understands what searches to run and what the seller disclosure statement does not cover is in a far stronger position before signing than one who finds out after.
If you're working through a property purchase or contract review, 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
- Queensland Government - Government land acquisition and resumption
- Department of Transport and Main Roads - Property searches
- Ipswich City Council - Property and Rates Search
- Ipswich City Council - Development.i
- Queensland Government - Seller disclosure scheme
- Crown Law Queensland - The High Court confirms the continuity of development conditions
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.
