Review of 2023 sunset clause legislative reforms for ‘off the plan’ land contracts
Following law reforms that commenced on 22 November 2023, Queensland sellers can only use sunset clauses to terminate an ‘off the plan’ contract for land in these circumstances:
- with the written consent of the buyer
or
- under an order of the Supreme Court
or
- in another situation prescribed by regulation.
The reforms apply to ‘off the plan' contracts for land that were entered into, or were still ongoing, on or after 22 November 2023.
The reforms don’t apply to sunset clauses in linked or single house-and-land contracts.
Definitions
‘Off the plan’ residential property sales contract—a contract for a proposed lot, such as:
- land that’s not registered yet—for example, a block in a new housing estate
or
- a lot in a community titles scheme that hasn’t been built or is being built—for example, an apartment in a multi-story building that is under construction. The new sunset clause laws don’t apply to lots in community titles schemes.
Sunset clause—a term in a contract allowing a buyer or seller to end the contract if it doesn’t settle by a specified date. In ‘off the plan’ contracts for land, the sale can only be settled once the land is registered and the title can be transferred to the buyer.
Have your say
Both consumers and property sellers are invited to provide feedback about whether the 2023 sunset clause reforms are working effectively.
All responses are anonymous.
Start the property sellers’ survey
Public consultation closes on Friday, 10 October 2025.
More information
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