The Queensland Government has passed laws to better protect people buying land ‘off the plan’.
In the past, if an ‘off the plan’ contract of land included a sunset clause, land sellers could generally terminate the contract if it wasn’t settled by the specified date.
Following consultation with property developers, peak bodies and consumers, the Queensland Government made changes to the Land Sales Act 1984 (Qld) that mean sellers can only use sunset clauses to terminate a contract for land bought ‘off the plan’ either:
- with the written consent of the buyer
- under an order of the Supreme Court.
These new laws apply to:
- existing ‘off the plan’ contracts for the sale of land that were signed but not settled by 22 November 2023
- new ‘off the plan’ contracts for the sale of land signed on or after 22 November 2023.
More information
Learn more about buying off the plan and subdividing and selling land on the Office of Fair Trading website.
If you’re buying off the plan, you can also find vital information on property developers via our ASIC company and personal name register searches.
