Most buyers in a new estate assume the contract is straightforward because the land is brand new. In practice, a new release community contract is one of the most complex residential contracts in Queensland, and many of the obligations it creates run with the land long after settlement.
A proposed lot in a master planned community can sit under multiple layers of legal requirements: Queensland's Land Sales Act, a community titles scheme, registered covenants, a developer's deed of covenant, and disclosure documents specific to the lot. Understanding what each layer does before signing protects the buyer from surprises at settlement and beyond.
As a Springfield law firm, we help clients across Greater Springfield and Ipswich with off the plan and new community land purchases, including reviewing contracts before they are signed.
Here is what a new release community contract in Queensland generally needs to cover, and the questions worth asking before you commit.
Key takeaways
- The Queensland Land Sales Act limits the seller to 18 months to settle a proposed lot.
- A buyer may terminate if changes to the plan would cause material prejudice.
- Registered covenants bind every future owner of the lot until released.
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 a new release community contract need to include in Queensland?
A new release community contract for a proposed lot in Queensland must include a signed disclosure statement before the buyer signs the contract, according to the Queensland Government. That statement must identify the seller and the buyer, describe the land or lot, and include a section completed by a cadastral surveyor recording the proposed lot number, area and orientation.
The contract must also state a settlement date. Under Queensland's Land Sales Act, the seller of a proposed lot must settle no later than 18 months after the contract is signed. If settlement does not happen within that period, other than because of the buyer's default, the buyer may terminate by written notice before settlement.
Beyond the mandatory disclosure, a new community contract commonly includes a community titles scheme number where the lot will sit in a body corporate, the community management statement, the by-laws that will apply to owners, and any exclusive use by-law giving the lot's owner exclusive use of part of the common property, according to the Queensland Government.
What can the seller change after the contract is signed?
A seller of a proposed lot who needs to correct the disclosure plan must give the buyer a further statement before settlement, explaining the differences in plain English, under Queensland's Land Sales Act. A buyer who would be materially prejudiced if made to complete on the changed terms may terminate by written notice before settlement, within the period the Act sets after the seller's further statement.
Before settlement, the seller must also give the buyer the registered plan and a cadastral surveyor's statement confirming it matches the original disclosure plan, at least 14 days before settlement. If the seller does not do this, other than because of the buyer's default, the buyer may terminate by written notice before settlement.
Where the buyer terminates under these rules, the seller must repay all money the buyer has paid, plus any interest it has earned, within 14 days, according to Queensland's Land Sales Act.
What do the body corporate documents need to cover?
When the lot is part of a community titles scheme, the buyer should expect to receive the community management statement, which sets out the by-laws and the lot entitlement schedules used to calculate levies, according to the Queensland Government. For a lot in a layered scheme, where one body corporate sits within the umbrella of another, the statement lists two scheme numbers and the by-laws of both the principal and subsidiary schemes apply, with the principal scheme's by-law prevailing where they contradict.
Before signing, a buyer in a new community contract should confirm the documents include:
- › Community management statement: the by-laws and lot entitlement schedules that will govern the scheme.
- › Levies estimate: the administrative fund and sinking fund budgets that will apply on settlement.
- › Exclusive use by-laws: any right attached to the lot giving its owner exclusive use of common property such as a courtyard or car space.
- › Two scheme numbers: for a layered scheme, the principal and subsidiary scheme community management statements.
- › By-law limits: confirmation of what by-laws can and cannot restrict, including the rules on animals.
On the question of by-laws and animals, Queensland's Body Corporate and Community Management Act makes clear that 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 written approval of the body corporate, but that approval must not be unreasonably withheld.
How does a solicitor help with a new community contract in Queensland?
Step 1: Talk to us
Get in touch and we will explain how the off the plan and new community contract process works in Queensland and what the key dates and disclosure documents mean.
Step 2: Review the contract and disclosure documents
We review the contract, the disclosure statement, the developer's deed or building covenant, the community management statement, the by-laws, and the lot entitlement schedules. We identify any terms that could affect settlement timing, cost or your ongoing obligations as an owner.
Step 3: Clarify the title and covenant position
We check whether any registered covenants apply to the lot and what they require, confirm how the community titles scheme is structured, and identify whether a layered scheme applies. We also check the sunset clause position and what the contract says about changes to the plan.
Step 4: Guide you through to settlement
We monitor the key dates, confirm the registered plan is given to us in time, handle the financial settlement through an Electronic Lodgment Network operator, and ensure the title is transferred correctly. Our conveyancing team handles new community lot settlements across Greater Springfield, Ipswich and the surrounding region.
| Get in touch Need help with a new release community contract? 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 a sunset clause apply to a new community lot?
A sunset clause in a new release contract sets a date by which a stated event must happen, such as registration of the plan or creation of a separate title, according to Queensland's Land Sales Act. If it does not happen, the contract may give the seller or buyer a right to end it.
From 22 November 2023, a seller can no longer use a sunset clause to terminate an off the plan land contract automatically, according to the Queensland Government. A seller who wants to end the contract using a sunset clause must give the buyer at least 28 days' written notice before the sunset date, and then needs the buyer's written consent, or a Supreme Court order. Not responding to a sunset notice is not consent.
Where a Supreme Court order is sought, the court must consider whether the seller acted unreasonably or in bad faith, the effect on the buyer, and whether the land has increased in value.
It is worth noting that the 2023 sunset clause reforms apply to off the plan land contracts. They do not apply to lots in community titles schemes such as apartments, according to the Queensland Government.
"In a new release community contract, the disclosure documents and the developer's covenant terms often carry more obligations than the purchase price itself. Knowing what each document does before you sign is where the real review happens."
Jade Kickbusch, Principal, Brookwater Legal
When does this process not apply to a new community purchase?
The Land Sales Act disclosure rules apply to proposed lots, meaning land where title does not yet exist at the time of contract. Where a developer has already registered the plan and a separate title exists for the lot, the standard Queensland residential contract and the seller disclosure scheme under the Property Law Act 2023 apply instead, not the Land Sales Act regime.
The Queensland Government's seller disclosure scheme, which commenced 1 August 2025, requires sellers of existing residential lots, commercial lots and vacant land to give buyers a signed seller disclosure statement and prescribed certificates before the buyer signs. Off the plan sales are not covered by that scheme, according to the Queensland Government. The two regimes do not overlap on the same lot at the same time.
A buyer purchasing a house in a completed new estate where titles are already registered is buying under the standard contract, not an off the plan contract, even if the estate itself is new. The deposit rules, cooling off periods and seller disclosure obligations in that situation follow the standard Queensland residential contract and the Property Law Act 2023 seller disclosure scheme.
What do registered covenants mean for a new estate buyer?
Many new community estates use registered covenants to set standards for the development. Titles Queensland records that a registered covenant, once registered in favour of the State, an entity representing the State or a local government, binds the owner and all later owners of the lot until it is released.
A registered covenant cannot require an architectural, construction or landscaping standard, according to Titles Queensland's Land Title Practice Manual. What it can do is set other conditions on the use and development of the lot that pass with the title to every future buyer.
Sunshine Coast Council describes building covenants used by developers as rules that may set standards such as roof type and building colour. South Burnett Regional Council notes that covenants may address minimum dwelling sizes, restrict external materials, regulate where clotheslines, air conditioning units or water tanks are placed, or prohibit front fencing. Both describe them as civil matters, enforceable by the developer or their successor rather than by the council.
A title search of the proposed lot, once the plan is registered, will show any encumbrances, including registered covenants. Before that point, the contract itself and any developer's deed of covenant are the primary sources of that information.
Frequently Asked Questions
What is the maximum time a seller has to settle a proposed lot in Queensland?
Under Queensland's Land Sales Act, the seller of a proposed lot must settle no later than 18 months after the contract is signed. If settlement does not happen within that period, other than because of the buyer's default, the buyer may terminate by written notice before settlement.
What happens if the disclosure plan changes after I sign a new release contract in Queensland?
The seller must give a further statement explaining the changes before settlement, according to Queensland's Land Sales Act. A buyer who would be materially prejudiced if made to complete may terminate by written notice before settlement, within the period the Act sets.
Do the 2023 Queensland sunset clause reforms apply to new estate lots and apartments equally?
No. According to the Queensland Government, the 2023 sunset clause reforms apply to off the plan land contracts. They do not extend to lots in community titles schemes such as apartments.
Can a body corporate by-law in a Queensland community scheme ban pets?
No. Queensland's Body Corporate and Community Management Act provides that a by-law must not prohibit keeping an animal on a lot or common property and must not restrict the number, type or size of animals. A by-law may require written approval first, but that approval must not be unreasonably withheld.
Are registered covenants in a new Queensland estate enforceable against future buyers?
Yes. According to Titles Queensland, a registered covenant binds the owner and all later owners of the lot until it is released. The covenant passes with every transfer of the title.
Do you need a solicitor to review a new release community contract in Springfield or Ipswich QLD?
A solicitor can review the disclosure documents, community management statement, covenants and sunset clause terms before you sign and explain what each of them means for your purchase. The Queensland Government recommends having a solicitor check a contract before signing.
Does the Queensland seller disclosure scheme apply to off the plan community lots?
No. According to the Queensland Government, the seller disclosure scheme that commenced 1 August 2025 does not cover off the plan sales. The Land Sales Act disclosure regime applies to proposed lots instead.
Your Next Steps
A new release community contract covers more ground than a standard residential purchase. The layers of disclosure, body corporate documents, covenants and settlement timing obligations all interact, and understanding what each one requires before exchange gives buyers the clearest picture of what they are committing to, whether they are purchasing in Greater Springfield or elsewhere in Queensland.
If a new release community contract 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.
 |
External Resources
- Queensland Government - Buying off the plan
- Queensland Legislation - Land Sales Act 1984 (current)
- Queensland Government - Review of 2023 sunset clause legislative reforms
- Queensland Government - Buying into a body corporate
- Titles Queensland - Land Title Practice Manual Part 31, Covenants
- Queensland Government - Seller disclosure scheme
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.
