The New Property Law Act in Effect August 2025
On 25 October 2023, the Queensland Parliament passed the Property Law Act 2023, marking a significant overhaul of property legislation. This new Act replaces the outdated Property Law Act 1974. The changes affect real estate agents, property law practitioners, buyers, and sellers. Understanding the new requirements is essential for anyone involved in property transactions.
What is the Property Law Act 2023?
The Property Law Act 2023 is the principal legislation governing property in Queensland. Its purpose is to simplify, update, and improve laws related to property, contracts, and the transfer of ownership. The Act clarifies redundant laws, assists in resolving financial issues after the end of de facto relationships, and addresses other related matters.
Key Amendments to the Property Law Act
Seller Disclosure
To align with other Australian states, sellers are now required to provide an in-depth disclosure statement to buyers before a contract is signed. This statement includes information on property titles, planning, rates, and environmental issues. This reform replaces Queensland’s outdated system with a more transparent model, offering greater protection for property buyers.
Leases
Lessees and guarantors will no longer be liable for breaches committed by subsequent assignees under leases entered into after the Act’s commencement.
Trusts
The rule against perpetuity for trusts over land has been abolished. Instead, a fixed period of 125 years now applies.
Easements
Future landowners will be bound by covenants in registered easements unless explicitly stated otherwise.
Limitation Periods
The time limit to make a claim based on deeds has been reduced from twelve years to six years.
Implications for Property Owners & Investors
Anyone involved in selling a property should be aware of the new mandatory seller disclosure scheme. This scheme reduces risk for buyers but introduces additional responsibilities for sellers, potentially increasing transaction costs and timelines.
For investors, the removal of the rule against perpetuity and the introduction of 125-year land trusts offer greater flexibility for long-term planning. The Act aims to modernise and simplify property transactions; seeking clarity on the new requirements is advisable to manage risks and capitalise on opportunities.
Mandatory Electronic Conveyancing
Electronic conveyancing (eConveyancing) has been mandatory in Queensland since 20 February 2023. This means that certain property transaction documents must be digitally prepared, signed, settled, and lodged using an Electronic Lodgement Network (ELN), unless an exemption applies. This mandate aims to streamline the conveyancing process and reduce errors.
How Bickell & Mackenzie Can Help
As part of our property law services, aligned with these changes, our firm can assist by drafting and reviewing contracts, advising on disclosure documents, handling termination rights and navigating exceptions. When you consult one of our property solicitors or conveyancers, they will keep you up to date on regulatory updates and provide advice to ensure you’re compliant with the new guidelines.
Make an appointment with our office today by calling: (07) 3206 8700 or email: info@bimalaw.com.au
