Off-the-plan sales are a different beast from established residential. The disclosure regime under the Property Law Act 2023 still applies, but the timing, the documents, and the risk profile are unique to the development context.
For developers selling off-the-plan in Queensland - whether it’s a 200-lot apartment tower in South Brisbane or a 30-lot townhouse community in Logan - getting disclosure right is the difference between settlements that flow through and contracts that fall over before practical completion.
This is the disclosure playbook for off-the-plan developers in QLD.
What “off-the-plan” actually means in disclosure terms
An off-the-plan sale is a contract for the sale of land where the lot, building, or scheme does not yet exist in registrable form at the time of contract. The buyer is committing to purchase a property that will be created - through subdivision, construction, or both - by the time of settlement.
This creates a structural disclosure challenge. The seller cannot provide a current title search for a lot that doesn’t yet exist. They cannot provide a Form 33 for a body corporate that hasn’t been established. They cannot provide as-built certifications for a building that hasn’t been built.
The Property Law Act 2023 contemplates this, but it does not exempt off-the-plan from disclosure. It requires a different shape of disclosure.
The proposed lot disclosure
Off-the-plan disclosure is built around the proposed lot - the lot as it will be when the plan registers. Required disclosures include the proposed plan of subdivision; the proposed CMS for body corporate schemes; the proposed by-laws; the disclosure plan showing the lot in context; the schedule of finishes and inclusions; and any approved variations to the development consent.
The contract itself binds the developer to deliver a lot consistent with this disclosure. Material variation between the disclosed lot and the delivered lot gives the buyer a termination right under the contract and, in some cases, under statute.
The sunset clause issue
Sunset clauses - provisions allowing the contract to be terminated if the development is not completed by a specified date - have been a battleground in QLD off-the-plan for years. Recent law tightens the developer’s ability to invoke a sunset clause to walk away from a contract. Disclosure of the projected completion date and the sunset arrangements is now central.
If a developer terminates under a sunset clause without complying with the relevant procedural rules, the buyer may have damages remedies and the developer may face regulator scrutiny.
The body corporate establishment question
For schemes coming online, the body corporate is established at first registration. The first AGM elects the body corporate committee. Until then, the developer’s obligations and the proposed levies are matters of disclosure rather than current fact.
Buyers should know: the projected administrative levy; the projected sinking fund levy; the developer’s contribution to the establishment of the body corporate; whether the developer retains any lots on settlement (which affects voting power at the first AGM); and any management or service contracts the developer has entered into that will bind the new body corporate.
This last point is particularly important. Pre-existing management rights agreements, caretaking contracts, and service agreements can bind the body corporate for years. Buyers who don’t see them disclosed before contract have a legitimate complaint at settlement.
The schedule of finishes - and what happens when it changes
Material variation between the schedule of finishes at contract and what is actually delivered is one of the most common termination triggers in off-the-plan QLD. Buyers expecting Caesarstone get laminate. Buyers expecting reconstituted timber get vinyl. Buyers expecting a 2.7m ceiling get 2.55m.
The disclosure must be specific. “Quality finishes” is not disclosure. “Caesarstone Calacatta Nuvo benchtops” is. The developer who provides specific, photographable disclosure protects themselves from later disputes.
The agent’s role in off-the-plan disclosure
Project marketers and sales agents acting for developers carry the same disclosure obligations as residential agents. The Form 6 appointment, the disclosure delivery, the buyer acknowledgment - all apply.
What’s different is the volume. A 300-unit project means 300 disclosure packs, 300 acknowledgments, 300 contract executions. Doing this on paper is impossible. Doing it in a fragmented system is a compliance disaster.
FAQS
Does the Property Law Act 2023 disclosure regime apply to off-the-plan sales?
Yes. The regime still applies, but it does not exempt off-the-plan - it requires a different shape of disclosure built around the proposed lot rather than a current title search, because the lot, building or scheme does not yet exist in registrable form at the time of contract.
What is "proposed lot" disclosure?
Disclosure built around the lot as it will be when the plan registers. It includes the proposed plan of subdivision, the proposed CMS for body corporate schemes, the proposed by-laws, the disclosure plan, the schedule of finishes and inclusions, and any approved variations to the development consent.
Can a buyer terminate if the finished property differs from what was disclosed?
Yes. Material variation between the disclosed lot and the delivered lot gives the buyer a termination right under the contract and, in some cases, under statute. A common trigger is the schedule of finishes - for example a buyer expecting stone benchtops who receives laminate.
What is a sunset clause and why does it matter for disclosure?
A sunset clause allows the contract to be terminated if the development is not completed by a specified date. Recent law tightens a developer's ability to invoke it to walk away, so the projected completion date and sunset arrangements are now central disclosure items.
What body corporate information must be disclosed before the scheme exists?
Until first registration and the first AGM, the developer's obligations and proposed levies are matters of disclosure rather than current fact. Buyers should be told the projected administrative and sinking fund levies, the developer's contribution to establishing the body corporate, whether the developer retains lots (affecting voting power), and any management or service contracts that will bind the new body corporate.