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Review of property law in Queensland

The Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) has now completed a review of Queensland’s property laws for the Queensland Government.  The review examined issues arising under legislation governing ownership, use and dealings in real property in Queensland including the Property Law Act 1974 and the Body Corporate and Community Management Act 1997 and other body corporate legislation.

The review was conducted in stages and previous consultation activities are available. See past consultation activities below.

Current consultation activities

Property Law Act 1974 – Final report

The Property Law Act 1974 governs many aspects of Queensland’s property law, including: general rules affecting property; the creation and disposition of an interest in land; co-ownership; deeds; covenants; mortgages; leases; and the rule against perpetuities.

Following public consultation on six issues papers QUT has produced a final report on the Property Law Act 1974. The Final Report contains 232 recommendations designed to simplify, streamline and modernise Queensland’s property legislation. QUT recommends replacing the Property Law Act 1974 with a new Property Law Act in accordance with the recommendations in the Final Report to:

  • better facilitate e-conveyancing and electronic transactions, including electronic creation of deeds and the giving of notice electronically;
  • simplify the rules relating to leases and covenants, including:
    • the enforcement and operation of covenants;
    • covenants in easements;
    • personal covenants and those that touch and concern the land; and
    • the rules relating to relief against forfeiture;
  • minimise the inadvertent creation of instalment contracts and streamline the process where instalment contracts exist;
  • replace the rule against perpetuities with a set 125 year perpetuity period; and
  • remove outdated provisions, including those dealing with unregistered or old system land, (subject to the creation of a simplified procedure to register any old system land that may be identified).

Download a copy of QUT’s Property Law Act 1974 Final Report (PDF, 10.7 MB).

How to make a submission about QUT’s Final Report on the Property Law Act 1974

Before making any decisions about possible changes to the current property law, the Queensland Government would like to hear your views about QUT’s recommendations.

You are invited to provide feedback on QUT’s recommendations to replace the Property Law Act 1974 with more modernised and streamlined property legislation.

Consultation closes on 24 August 2018.

You may lodge your submission by email or post to:

Email
propertylawreview@justice.qld.gov.au

Post
Property Law Review
C/- Strategic Policy
Department of Justice and Attorney-General
GPO Box 149
BRISBANE QLD 4001

Building Units and Group Titles Act 1980

The Body Corporate and Community Management Act 1997 (BCCM Act) governs Queensland’s community titles schemes, and provides more flexible and contemporary management of bodies corporate than the Building Units and Group Titles Act 1980 (BUGT Act). The BUGT Act applies to some lot owners and bodies corporate within the following mixed-use and resort developments:

  • The Paradise Centre, Surfers Paradise
  • Sanctuary Cove Resort, Hope Island
  • Hope Island Resort, Hope Island
  • Royal Pines Resort, Benowa
  • Laguna Quays Resort, Laguna Quays
  • Sheraton Grand Mirage Port Douglas Resort, Port Douglas
  • Kingfisher Bay Resort, Fraser Island
  • Cathedral Place, Fortitude Valley
  • Central Brunswick, Fortitude Valley
  • Cypress Gardens Retirement Community, Clear Island Waters
  • Royal Harbour, Cairns
  • Noosa Springs, Noosa Heads
  • Couran Cove Island Resort, South Stradbroke Island
  • Bretts Wharf, Hamilton
  • Osprey, Mackay
  • Island Shores Resort, North Queensland.

Following public consultation on an issues paper Property Law Review – Issues Paper – Consistency between the Body Corporate and Community Management Act 1997 and the Building Units and Group Titles Act 1980 (PDF, 1.2 MB) that sought views on whether lot owners and bodies corporate regulated under the BUGT Act would benefit from provisions comparable to those in the BCCM Act, QUT has produced a final report. One of the key recommendations in QUT’s report is that the dispute resolution processes and body corporate procedures contained in the BUGT Act be amended to more closely resemble the processes and procedures contained in the BCCM Act.

Download a copy of QUT’s report Property Law Review – Final Recommendations – Consistency between the Body Corporate and Community Management Act 1997 and the Building Units and Group Titles Act 1980 (PDF, 889.2 KB).

How to make a submission about QUT's final report on the Building Units and Group Titles Act 1980

Before making any decisions about possible changes to the BUGT Act, the Queensland Government would like to hear your views about QUT’s recommendations.

You are invited to provide feedback on QUT’s recommendations to harmonise some provisions of the BUGT Act and the BCCM Act to provide bodies corporate operating under the BUGT Act with a more contemporary body corporate legislative framework.

Consultation closes on 24 August 2018.

You may lodge your submission by email or post to:

Email
QUTreviewBCCM@justice.qld.gov.au

Post
QUT Review ‐ BCCM
C/‐ Office of Regulatory Policy
Department of Justice and Attorney‐General
GPO Box 3111
Brisbane QLD 4001

Privacy statement for submissions

Any personal information you include in your submission will be collected by the Department of Justice and Attorney‐General (the Department) for the purpose of undertaking the review of Queensland’s property laws. The Department may contact you for further consultation regarding the review. Your submission may also be released to other government agencies as part of the consultation process.

Submissions provided to the Department in relation to the Property Law Review will be treated as public documents. This means that they may be published on the Department’s website, together with the name and suburb of each person or entity making a submission. If you would like your submission, or any part of it, to be treated as confidential, please indicate this clearly in the submission. However, please note that all submissions may be subject to disclosure under the Right to Information Act 2009, and access applications for submissions, including those marked confidential, will be determined in accordance with that Act.

Submissions (or information about their content) may also be provided in due course to a parliamentary committee that considers any legislation resulting from the Property Law Review.

Past consultation activities

Public consultation is an important part of the review. To inform the review, the following consultation papers have been previously released for public consultation:

Seller Disclosure in Queensland

  1. Property Law Review Issues Paper 1 Seller Disclosure in Queensland (PDF, 918.0 KB)
  2. Property Law Review: Interim Report: Seller Disclosure in Queensland (PDF, 674.9 KB)
  3. Final Report Seller disclosure

  4. Property Law Review: Final Report: Seller Disclosure in Queensland (PDF, 1.3 MB)
  5. Property Law Act 1974 (Qld)

  6. Property Law Review Issues Paper: Property Law Act 1974 (Qld) – Sales of land and other related provisions (PDF, 1.4 MB)
  7. Property Law Review Issues Paper 2: Property Law Act 1974 (Qld) – Part 8 Leases and Tenancies (PDF, 1.1 MB)
  8. Property Law Review Issues Paper 3 Property Law Act 1974 (Qld) - Incorporeal Hereditaments, Rights of Way, Powers of Appointment & Perpetuities (PDF, 1.4 MB)
  9. Property Law Review Issues Paper 4 Property Law Act 1974 (Qld) - Mortgages, Co-ownership, Encroachment and Mistake (PDF, 1.5 MB)
  10. Property Law Review Issues Paper 5 Property Law Act 1974 (Qld) - Equitable interests and things in action, Corporations, Voidable dispositions, Unregistered land, De facto relationships, Miscellaneous (PDF, 890.0 KB)
  11. Property Law Review Issues Paper 6 Property Law Act 1974 (Qld) - PLA Parts 1-4, Part 6 (Deeds) and Part 20 (Notices) (PDF, 2.5 MB)
  12. Body Corporate and Community Management Act 1997 (Qld) and other community titles legislation

  13. Property Law Review Issues Paper 2 Lot entitlements under the Body Corporate and Community Management Act 1997 (PDF, 862.1 KB)
  14. Property Law Review Options Paper Body corporate governance issues: By‐laws, debt recovery and scheme termination (PDF, 750.9 KB)
  15. Property Law Review Issues Paper Procedural issues under the Body Corporate and Community Management Act 1997 (PDF, 1.2 MB)
  16. Property Law Review: Issues Paper – Consistency between the Body Corporate and Community Management Act 1997 and the Building Units and Group Titles Act 1980 (PDF, 1.2 MB)
  17. Final reports

  18. Property Law Review: Lot entitlements under the Body Corporate and Community Management Act 1997 – Final recommendations (PDF, 1.0MB)
  19. Property Law Review: Options Paper Recommendations Body corporate governance issues: By-laws, debt recovery and scheme termination (PDF, 1.4 MB)
  20. Property Law Review: Final Recommendations - Procedural Issues under the Body Corporate and Community Management Act 1997 (PDF, 1.3 MB)
Last reviewed
31 May 2018
Last updated
31 May 2018
 
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