Off-the-Plan Conveyancing Services Across Queensland
Buying property off-the-plan can be exciting, but it’s also one of the riskiest ways to buy real estate. Unlike established property, you’re purchasing something that doesn’t yet exist or isn’t finished, and your legal rights depend entirely on what’s written in the contract.
At Enterprise Legal, our team of qualified property lawyers (not just conveyancers) helps buyers across Queensland navigate the complex world of off-the-plan contracts. We ensure you understand your rights, protect your deposit, and help avoid nasty surprises before settlement.
Unlike many conveyancing firms, Enterprise Legal also specialises in Construction Law, which means we’re perfectly placed to review both your off-the-plan contract and any associated build contracts for house-and-land packages or custom developments.
Whether you’re buying your first apartment, investing in a townhouse development, or securing a house-and-land package, we’ll give you practical, plain-English legal advice to protect your interests. We also work closely with your accountant or financial advisor to help structure your purchase in the most tax-effective way possible.
What Makes Off-the-Plan Purchases Different?
Off-the-plan purchases come with unique risks and legal complexities, including:
- Developer Changes: The developer may change floor plans, finishes, layouts, or building materials after you’ve signed your contract.
- Sunset Dates: Contracts typically include sunset dates by which construction or subdivision must be completed — but developers can sometimes terminate if delays occur.
- Market Fluctuations: The property market could shift during the lengthy period between signing the contract and settlement, affecting your property’s value.
- Body Corporate Disclosure: Buyers must receive detailed disclosure about proposed body corporate budgets, by-laws, and levies for apartments and townhouses.
- GST and Tax Issues: Off-the-plan purchases often involve GST, which can affect your purchase price and eligibility for concessions.
- Developer’s Financial Position: If the developer runs into financial trouble, your deposit and contract may be at risk.
- Complex Terms: Off-the-plan contracts often run hundreds of pages and contain clauses heavily weighted in the developer’s favour.
- Separate Build Contracts: For house-and-land packages, buyers often sign a separate building contract with a builder, which carries its own legal risks and obligations.
This isn’t an area where buyers should go it alone. Specialist legal advice is essential.
Vacant Land Vs. Built Off-the-Plan: What’s the Difference?
Off-the-plan contracts can involve two very different types of purchases:
Vacant Land Off-the-Plan
- Buying a lot in a future subdivision before titles exist
- Settlement depends on the developer registering the new plan with council and the Titles Office
- Risks around delays in approvals or changes to lot size, layout, or infrastructure
- Potential staged developments affecting your neighbourhood and services
Built Off-the-Plan Property
- Buying a unit, townhouse, or house-and-land package that’s yet to be built or completed
- Settlement depends on construction completion
- Risks of variations in building materials, layouts, and finishes
- Additional disclosure obligations for proposed body corporate schemes, levies, and by-laws
At Enterprise Legal, we help you understand the unique legal and financial considerations for both types of off-the-plan transactions so you can make an informed decision.
Our Off-the-Plan Conveyancing Services
When you engage Enterprise Legal for your off-the-plan conveyancing, we:
- Review your contract in detail, explaining key risks, clauses, and conditions in plain English.
- Advise on sunset dates, your rights to terminate, and what happens if the developer is delayed.
- Review and explain body corporate disclosure statements, including proposed levies and by-laws.
- Identify clauses that allow developers to change plans, finishes, or other material aspects of the property.
- Check for hidden costs, including additional fees for upgrades or variations.
- Explain GST obligations and potential concessions, and liaise with your accountant to ensure tax-effective planning.
- Review and advise on associated build contracts for house-and-land packages, ensuring construction timelines, warranties, and payment schedules are fair and legally compliant.
- Negotiate contract amendments where possible to better protect your interests.
- Manage your matter from contract signing through to settlement, keeping you updated at every stage.
Off-the-plan contracts are highly one-sided in favour of developers. Our role is to help level the playing field.
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Why Choose Enterprise Legal for Off-the-Plan Conveyancing?
Seller Disclosure Statement: Sell With Confidence!
From 1 August 2025, all sellers of residential and commercial property in Queensland, including developers selling off-the-plan land or units, must provide buyers with a legally compliant Seller Disclosure Statement before signing a contract under the new Property Law Act 2023.
Off-the-plan contracts involve even more disclosure requirements than established property sales. Depending on whether you’re buying vacant land off-the-plan or a built property off-the-plan, your contract should also include:
- proposed plans of subdivision
- proposed building plans and elevations
- draft Community Management Statements (CMS) and by-laws
- estimated body corporate budgets and levies
- details of encumbrances, easements, and development approvals
Failing to get disclosure right could allow a buyer to terminate the contract or claim compensation, even after signing.
At Enterprise Legal, we:
- Thoroughly check the Seller Disclosure Statement and all off-the-plan disclosure materials for compliance and accuracy
- Identify missing or inconsistent information that could affect your rights
- Prepare compliant disclosure documents when acting for sellers or developers
- Protect your interests whether you’re buying or selling off-the-plan
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Off-the-Plan Conveyancing FAQs
Thinking of buying off-the-plan? Book your contract review with our experienced conveyancing and construction lawyers today and protect your future investment.
What Is Off-the-Plan Conveyancing?
What Are the Risks of Buying Off-the-Plan?
• delays in construction or subdivision registration
• changes to plans or materials
• fluctuations in property value before settlement
• potential developer insolvency
• unexpected costs at settlement
Enterprise Legal helps you understand and manage these risks.
Can the Developer Change the Plans After I Sign?
What Happens if the Sunset Date Expires?
Do I Pay GST on an Off-the-Plan Property?
Can You Review My Build Contract as Part of Off-the-Plan Conveyancing?
• unfair terms
• progress payment schedules
• warranties and defect liability periods
• variations and cost blowouts
• builder’s rights to delay
We ensure your build contract aligns with your off-the-plan contract so your rights are fully protected.