Property Law Bill consultation

We sought your views on a public exposure draft of the Property Law Bill 2022.

Consultation phase

The public exposure draft of the Property Law Bill 2022 (the draft Bill) was developed in line with the recommendations of the Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) as set out in their Final report: Property Law Act 1974. The final report followed a broad-ranging, independent review of Queensland’s property laws.

In line with the recommendations in the QUT final report, the draft Bill proposed the repeal of the current Property Law Act 1974 (the Act) and its replacement with a new Act.

Submissions on the draft Bill were invited from the public and stakeholders to inform policy options in settling the Bill. To assist in considering the Bill, the accompanying consultation paper noted areas where the Bill differed from QUT’s recommendations.

You were invited to provide a written submission in response to the draft Bill and further consultation on whether flood history information should be included in the seller disclosure scheme.

This consultation closed at 5pm on 21 October 2022.

We also consulted on a proposal to implement a statutory seller disclosure scheme in Queensland, with consultation closing on 31 August 2022.

Property Law Bill 2023

Since this consultation closed, the Property Law Bill 2023 passed Parliament on Wednesday 25 October 2023 and received assent on 2 November 2023. The Property Law Act 2023 will replace the Act when it commences. While the substance of many provisions of the Act will be maintained, the new Act is in modern, contemporary language that reflects current commercial practice.

Read the media statement.

The new Act governs many aspects of Queensland’s property law, including:

  • general rules affecting property
  • the creation and disposition of interests in land
  • co-ownership
  • deeds
  • covenants
  • mortgages
  • leases
  • the rule against perpetuities
  • old system land.