Queensland’s Property Law Act 2023 Now in Effect: What It Means for You

On 1 August 2025, the Property Law Act 2023 (Qld) officially came into effect, replacing the 1974 legislation and bringing one of the most substantial updates to Queensland property law in decades. The Act introduces a broad suite of reforms that modernise, clarify, and consolidate the law - many of which have significant practical implications for property transactions, leasing, and disclosure obligations.

This update outlines the key changes you need to know.

 

Statutory Seller Disclosure Now Mandatory

The Act introduces a prescribed disclosure regime that applies to the sale of residential, commercial, rural, and vacant land.

 

What’s required?

Sellers must provide buyers with a Seller Disclosure Statement and supporting certificates before the contract is signed. This includes details on:

• Title and ownership
• Encumbrances
• Zoning and planning schemes
• Body corporate and pool safety notices (if applicable)
• Environmental and infrastructure designations
• Court orders, easements, and other material matters

 

Why it matters:

If a seller fails to disclose or provides inaccurate disclosure, the buyer can terminate the contract at any time up to settlement.

 

What you should do:

• Review and update your transaction timelines
• Allow time to gather prescribed documents
• Ensure your team understands when and how disclosure must be made

 

Major Changes to Leasing Law

The new Act significantly reshapes commercial leasing arrangements, overriding parts of the previous common law framework.

Key changes include:

 

1. Automatic Transmission of Lease Covenants

All lease obligations (“covenants”) will now automatically carry over to assignees and successors unless explicitly stated to be personal - even if the covenant doesn’t “touch and concern” the land.

This change streamlines leasing continuity and reduces ambiguity when leases are transferred.

 

2. Streamlined Consent Process

Tenants must provide formal proposals for assignments, subleasing, and other consents. Landlords must respond with a decision notice within one month, or consent is deemed to have been given.

Delays in response can now result in automatic consent by default.

 

3. Release of Assignors and Guarantors

A tenant and their guarantor will be automatically released from liability once the lease is assigned beyond the direct assignee.

This shifts the risk profile and emphasises the importance of due diligence on new tenants.

 

4. No Notice Required for Abandonment

Where a tenant abandons the premises, a landlord is no longer required to issue a notice to remedy breach before terminating the lease.

 

Other Notable Changes

• Limitation Periods: Deeds executed after 1 August 2025 will now have a 6-year limitation period, down from 12 years
• Easements: Positive obligations (such as maintenance) in registered easements now bind future landowners
• Settlement Delays: The Act allows timeframes to adjust in the event of external disruptions (e.g. natural disasters or cyberattacks)
• Language and Format: Outdated terms and procedures have been modernised, with clearer forms and notices to support electronic transactions

 

What You Should Do Now

Whether you’re a seller, buyer, landlord, tenant, or advisor, these changes may affect your current or upcoming transactions.

We recommend:

• Reviewing and updating your precedents and contract templates
• Training internal teams on new disclosure and leasing procedures
• Seeking legal advice on how the reforms impact your specific property arrangements