What Queensland’s Property Law Act Changes Mean for Commercial Buyers in 2026 

If you are looking to buy commercial or industrial property in Queensland, perhaps one of our current developments across South East Queensland or northern New South Wales, there is a good chance the process looks a little different to the last time you signed a contract. The Property Law Act, which came into effect in August 2025, introduced the biggest overhaul of Queensland property law in over fifty years. Many buyers and even some sellers are still getting their heads around what it actually means day to day, so we have put together a plain English guide to what has changed and what you should be checking before you sign.

What changed under the Property Law Act

The headline change is a new mandatory seller disclosure scheme. Before August 2025, Queensland ran on a buyer beware model, which meant it was largely up to the purchaser to dig up the information they needed. That has now flipped. Sellers of commercial, industrial, residential and vacant land must provide a signed seller disclosure statement, along with a set of prescribed certificates, before a buyer signs the contract.

For a commercial buyer, this is genuinely useful. The disclosure statement has to include details such as encumbrances on the title, notices issued under planning or building legislation, and body corporate information where relevant. If the information is missing, inaccurate or incomplete in a way that affects the property, you may be entitled to terminate the contract, even quite late in the process. That is a meaningful shift in leverage compared to the old system.

The Act also modernised how settlement itself works. Electronic conveyancing is now formally recognised, so settlements can happen digitally rather than requiring everyone in the same room. If a settlement date falls on a weekend or public holiday, it automatically rolls to the next business day without any extra paperwork. There are also new provisions for genuine disruptions such as a system outage or a natural disaster, giving both parties more room to manage a delay without the deal falling over.

How this compares to NSW

Because we work across both Queensland and New South Wales, we often get asked how the two states line up. The short answer is that NSW buyers have been operating with a version of this transparency for some time. Property transactions in NSW sit under the Conveyancing Act, which governs the contract and settlement side of a sale, including vendor disclosure obligations and cooling off arrangements. Title registration in NSW runs through a separate piece of legislation, the Real Property Act, which established the Torrens title system that records ownership and interests on a central register.

In practice, Queensland’s new disclosure regime brings it closer to what has already been standard practice in NSW under the Conveyancing Act, rather than introducing something entirely foreign to the eastern seaboard. If you are an investor who buys across both states, it is worth knowing that the underlying principle, giving buyers clear information up front, now applies in both jurisdictions, even though the mechanics and the specific forms differ.

What buyers should check before signing

None of this is a substitute for proper legal advice, and we always recommend having a solicitor or conveyancer review your contract before you commit. If you would rather talk it through with someone first, feel free to reach out to our team and we can point you in the right direction. That said, there are a few practical things worth putting on your radar as a buyer in either state.

In Queensland, ask for the seller disclosure statement and prescribed certificates early, not at the last minute. These documents should give you a clearer picture of the property’s legal position before you are locked in. If anything looks incomplete or does not match what you have been told, raise it before you sign rather than after.

Check how settlement is being handled and whether it will run electronically. This is now the norm rather than the exception, and it is worth confirming your solicitor and financier are set up for it.

If you are buying in NSW, understand your position under the Conveyancing Act around vendor disclosure and cooling off periods, and confirm the title is registered correctly under the Real Property Act before settlement.

And regardless of which state you are buying in, do your own due diligence on top of what is disclosed. The legislation gives you a stronger starting position, but it is not a replacement for having the right advisers in your corner.

Work with people who know the process

We deal with contracts, settlements and compliance on every project we deliver, so keeping across changes like these is simply part of how we operate. If you are considering a commercial or industrial purchase in Queensland or New South Wales and want to talk through what a deal actually involves from contract to handover, we would be glad to help.

This article is general information only and is not legal advice. Buyers and sellers should seek independent legal advice about how these changes apply to their specific circumstances.