Property Law Bill 2023
Plain English Summary
Overview
This bill replaces Queensland's nearly 50-year-old Property Law Act 1974 with a modernised framework covering how property is bought, sold, leased, and mortgaged. It introduces a new statutory seller disclosure scheme requiring sellers to provide standardised information to buyers before contracts are signed, updates the law to support electronic conveyancing and digital transactions, and removes outdated provisions that no longer reflect modern property practice.
Who it affects
Home buyers and sellers are most directly affected by the new disclosure requirements. Commercial tenants and landlords face updated lease rules, and mortgage borrowers gain clearer protections against lenders demanding accelerated repayment.
Key changes
- New seller disclosure scheme requires sellers of freehold land to provide a disclosure statement and prescribed certificates to buyers before the contract is signed, with termination rights if disclosure is missing or inaccurate
- Electronic deeds, electronic signatures and electronic service of notices are formally recognised and facilitated for property transactions
- Lessees who assign their lease are released from liability for breaches by any subsequent assignees, regardless of any agreement to the contrary
- Lessors must respond to lease assignment requests within one month and cannot unreasonably withhold consent, with the lessee able to apply to court if consent is refused
- The complex common law rule against perpetuities is abolished and replaced with a fixed 125-year perpetuity period for trusts
- Mortgagors who remedy a default before the mortgagee exercises power of sale gain relief against having to pay accelerated sums
- Instalment contracts are less likely to be created inadvertently, as buyers must now elect for a contract to be treated as an instalment contract
- The limitation period for deeds is reduced from 12 years to 6 years to match the limitation period for contracts
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 Feb 2023 – 24 Oct 2023View Hansard
Referred to Legal Affairs and Safety Committee
▸Second Reading24 Oct 2023 – 25 Oct 2023View Hansard
▸10 members spoke10 support
Supported the bill as a modernisation of property law that would benefit buyers through the new mandatory seller disclosure scheme, providing certainty and transparency in property transactions.
“This modern, up-to-date legislation is what is needed now.”— 2023-10-25View Hansard
As shadow attorney-general, stated the LNP will be supporting the bill which modernises Queensland's property law framework, while raising concerns about specific provisions including the seller disclosure scheme.
“I should have noted at the outset that the LNP will be supporting this bill.”— 2023-10-24View Hansard
Supported the bill as an overdue modernisation of Queensland's 50-year-old property laws, highlighting the benefits of the statutory seller disclosure scheme and improved body corporate certificate requirements.
“For buyers and sellers, it is an ongoing safeguard in ensuring that this most significant transaction in their life—the purchase or sale of a property—is undertaken with greater ease, with more transparency and with peace of mind.”— 2023-10-25View Hansard
Supported the bill and amendments to be moved during consideration in detail, noting the committee recommended the bill be passed.
“I rise to speak to the Property Law Bill 2023 and support the passing of the legislation and amendments to be moved during consideration in detail.”— 2023-10-24View Hansard
Supported the bill, sharing his personal experience with undisclosed flood risk when buying his first property, and endorsed the disclosure scheme while noting the Greens' amendment was too Brisbane-centric for rural councils.
“I would have liked to have had the benefit of the changes included in this bill when I was in my 20s and buying my first home.”— 2023-10-25View Hansard
Supported the bill as a committee member while noting criticism of the proposed seller disclosure scheme model from stakeholders.
“The proposed seller disclosure scheme model has attracted criticism, despite general support for the overarching principles of the scheme.”— 2023-10-24View Hansard
As Attorney-General, replied to the debate defending the government's consultation process and the balance struck in the bill, particularly on seller disclosure, building management statements and natural hazard information.
“It is something that needed to be done right, so the government makes no apologies for taking the time needed to develop this once-in-a-generation rewrite of Queensland's property laws.”— 2023-10-25View Hansard
Contributed to the debate on the property law modernisation.
“I rise to make my contribution to the Property Law Bill 2023.”— 2023-10-24View Hansard
Contributed to the debate on the property law reforms.
“I rise to make a contribution to this debate.”— 2023-10-24View Hansard
Supported the bill's modernisation of property law provisions.
“I rise to make a contribution to the Property Law Bill.”— 2023-10-24View Hansard
▸In Detail25 Oct 2023View Hansard
Technical amendments to clause 65 to clarify that covenants in registered easements (including easements in gross) that impose insurance and indemnity obligations bind successors in title.
Amendment to clause 68 replacing the requirement that every party to a contract be joined to legal proceedings with a requirement that every party be served with a copy of the proceedings.
Amendment to clause 80 clarifying that the settlement delay provision operates on a rolling basis when computers remain inoperative on subsequent business days.
Amendments 1-2 to clause 95 definitions as consequential amendments to support disclosure of building management statements and natural disaster information to buyers.
That the amendments be agreed to
Party VoteVote on Dr MacMahon's amendments 1 and 2, which were consequential amendments to require sellers to disclose building management statements and natural disaster history to prospective buyers. The amendments were defeated.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
New clause 99A requiring sellers to provide building management statements for existing lots and statements about natural disaster impacts, including flood water heights and required repairs.
Amendment to clause 100 as a consequential amendment to apply disclosure exceptions to the proposed new section 99A.
Amendment to clause 101 as a consequential amendment requiring new section 99A disclosures to be given in the same manner as other disclosure documents.
Amendments to clauses 101 and 103 clarifying that requirements for giving disclosure documents to bidders who register after the start of an auction only apply if the bidder was not previously given the documents.
Amendments 9-12 to clause 106 correcting the reference to entities issuing prescribed certificates to include departments and local governments, not just statutory bodies.
New clause 178A requiring landlords to disclose natural disaster impacts on rental properties to prospective tenants, with a right for tenants to terminate if disclosure is not made.
Amendment to clause 191 omitting subclauses (4) and (5) to preserve the common-law principle for determining priorities between competing assignees of debts.
New clause 239A clarifying that the omission of express references to agents signing documents does not limit the application of the general law of agency.
That the amendment be agreed to
Party VoteVote on Dr MacMahon's amendment 3, which proposed a new clause 99A requiring sellers to provide building management statements for existing lots and a statement of natural disaster impacts before the buyer signs the contract. The amendment was defeated.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Moved amendments during Consideration in Detail to require sellers to disclose building management statements and natural disaster history, and to extend natural disaster disclosure to renters. All amendments were defeated.
“Tenants deserve to know to what extent a property has flooded in deciding whether they put their washing machine or other electrical goods under the house or on higher ground.”— 2023-10-25View Hansard