Queensland’s property law regime is undergoing its most significant overhaul in decades. New legislation, evolving priorities in disclosure, and shifting rights in leasing and sales all point to a future where buyers, sellers, landlords, and tenants will face a different legal environment. It is important to stay informed about these changes to avoid surprises and make confident property decisions.
Below are key trends we are seeing, and what they mean for you.
1. Introduction of the Property Law Act 2023
As of 1 August 2025, Queensland will replace much of the old Property Law Act 1974 with the new Property Law Act 2023 (Qld).
What changes?
The new Act aims to modernise outdated provisions and clarify ambiguous legal rules.
It introduces strengthened protections for buyers, increased transparency in property transactions, and refined rules for leasing and contract administration.
Many changes are being described as “buyer-friendly” – placing greater obligations on sellers and requiring more upfront disclosures.
What it means for you:
If you plan to buy, sell, or lease property in Queensland, your documents, contracts, and processes will need to comply with the new law. You may have new rights, new obligations, and different risk exposure.
2. Mandatory Seller Disclosure Regime
A major shift is the introduction of a mandatory seller disclosure regime under the new Act from 1 August 2025.
Sellers will be required to provide buyers with a pre-contract seller disclosure statement, along with prescribed certificates, before the buyer signs a contract.
The information to be disclosed includes title particulars, property encumbrances, environmental or contamination matters, notices affecting the land (such as infrastructure or development orders), and more.
If the seller fails to provide the disclosure, or provides inaccurate material information, the buyer may have rights to terminate the contract up to settlement.
Impact on transactions:
Buyers will have more information early, reducing surprises and enhancing trust.
Sellers and their agents will face new compliance burdens and liability risks.
Contracts drafted after 1 August will need to accommodate the new disclosure regime.
3. New Leasing and Rental Reforms
Under the new property law framework, many changes also affect lease and rental relationships; residential, commercial, and mixed use.
Some specific trends include:
Expanded tenant protections, especially for non-retail leases, aligning lease terms with more modern standards.
Adjusted rules on termination, rent reviews, and repair obligations to reflect fairness and balance.
More scrutiny on the terms of commercial leases, especially where one party has a stronger bargaining position.
What to watch for:
Tenants may gain stronger rights around lease renewals, repairs, and termination.
Landlords must ensure leases are compliant under the new regime, especially if relying on older templates.
Legal review of lease agreements will become more critical than ever.
4. Increased Focus on Title, Easements & Encumbrances
Under the new legal regime, disclosures about title, easements, and encumbrances are becoming more central.
Buyers will have better access to this information upfront, reducing hidden risks. Legal and title anomalies that previously could escape scrutiny will receive greater attention in contract drafting and due diligence.
5. Practical Effects on Buyers, Sellers, and Investors
These changes are not just theoretical – they will influence how property is bought, sold, leased, and managed. Some outcomes we foresee:
Greater transactional transparency and fewer “unexpected” liabilities for buyers
Increased compliance costs and risk for sellers and those drafting contracts
Shifts in bargain dynamics: sellers will need to prepare more documentation; buyers may negotiate more assertively
For investors and developers, contracts will need tighter structuring to manage obligations, disclosures, and risk exposure
Final Thoughts
Queensland’s property law landscape is changing in significant ways. Under the new Property Law Act 2023, mandatory seller disclosure regime, updated lease reforms, and greater title transparency mark a shift toward more balanced and modern property transactions.
If you are buying, selling, leasing or investing in Queensland property, it is essential to understand these changes and adapt your contracts, due diligence, and legal strategy accordingly.
Contact our property law team to discuss how the evolving legal environment may affect your next real estate move—and how to position yourself confidently under the new regime.