Off the Plan Contracts in Brisbane & the Gold Coast

New-build apartment, townhouse, or house and land package? Let’s make sure the contract actually works for you – before you sign.

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Off the plan contracts are a whole different beast to your standard residential contract. Longer settlements. Sunset clauses. Variations to the plan. Body corporate stuff that hasn’t even been registered yet. It’s a lot.

That’s why we reckon you should never sign an off the plan contract in Brisbane, the Gold Coast, or anywhere in QLD without getting it reviewed first.

We’ve walked thousands of Queenslanders through off the plan purchases – from one-bed apartments in South Brisbane to beachfront units in Broadbeach to new house and land packages out at Ripley and Pimpama. We’ll read your contract front to back, flag what matters, and make sure you know exactly what you’re signing up for.

What is an Off the Plan Contract?

An off the plan contract is where you’re buying a property that doesn’t exist yet (or isn’t finished yet). Think a new apartment block still under construction. A townhouse in a development yet to be built. A house and land package where the block’s bare and the build hasn’t started.

You sign the contract now. You pay a deposit now. But settlement happens down the track – sometimes 12 months later, sometimes two years, sometimes more.

Because you’re buying something that doesn’t physically exist yet, these contracts carry risks that a standard residential contract doesn’t. Which is exactly why the contract review matters.

What Makes Off the Plan Contracts Tricky

Here’s the stuff we look out for when we review an off the plan contract:

Sunset clauses

This is the big one. A sunset clause lets the developer terminate the contract if the build isn’t finished by a certain date. Sounds reasonable – but in a rising market, some developers have been known to deliberately drag their feet, trigger the sunset clause, and re-sell the property at a higher price. Brutal. We check the sunset date, the termination conditions, and whether you’ve got any protection.

Variations to the plans or specifications

Most off the plan contracts let the developer make “minor” changes to the plans, finishes, or specifications. The wording matters. We’ll tell you how much wiggle room the developer actually has – because a “minor variation” can sometimes mean your two-bedder ends up 15 square metres smaller than what you signed up for.

Deposit protection

Under QLD law, deposits on off the plan contracts need to be held properly – usually in a trust account, or secured by a bank guarantee or deposit bond. We confirm where your money’s going and how it’s being held, so you’re not exposed if the developer runs into trouble.

Settlement timing

Off the plan settlement dates are almost never fixed. They’re usually tied to the build being finished and the plan being registered. We’ll explain what that means for your finance, your stamp duty bill, and your plans more broadly.

Body corporate disclosures

If it’s an apartment or townhouse, you’ll be joining a body corporate that probably doesn’t exist yet. The disclosure statement tells you about expected levies, by-laws, and rules. We check what’s there – and flag what’s missing.

Stamp duty and timing

Queensland doesn’t have a blanket off the plan stamp duty concession like some other states. But depending on when you sign, when you settle, and whether you’re a first home buyer, there can be real money on the table. We’ll talk you through what applies to your situation.

Defects and handover

What happens if the apartment’s got issues when it’s finished? What’s your right to inspect? What’s the developer’s obligation to fix things? It’s all in the contract – and we’ll walk you through it.

Flood and environmental risks

Plenty of Brisbane and Gold Coast off the plan developments are in areas with flood, overland flow, or storm tide risk. Under QLD law, standard contract terms won’t bail you out after you’ve signed. We can get flood mapping done as part of our free pre-contract reporting service so you go in with your eyes open.

Why Get Empire Legal to Review Your Off the Plan Contract

We’ve done thousands of these. We know what developers put in contracts to protect themselves, and we know what to push back on. Our team gives you:

  • A plain-English breakdown of what the contract actually says (no “pursuant to clause 4.2” nonsense)
  • Clear flags on anything risky – sunset clauses, variations, finance conditions, the lot
  • Written advice you can actually understand
  • Pre-contract reports including flood mapping, title, and key property checks
  • A human to call when you’ve got questions

And if you decide to go ahead after the review, we handle the full conveyancing through to settlement. If you are a mortgage broker or buyers agent sending us an off the plan contract for a client, see conveyancing for mortgage brokers and conveyancing for buyers agents.

Over 3,048 five-star Google reviews. Every off the plan contract is unique – different developer, different disclosure, different timeline – so we tailor the quote and the turnaround to your specific contract. Office hours 9:00am to 5:00pm Monday to Friday. Offices in Spring Hill (Brisbane CBD), Wynnum (Bayside), and Paradise Point (Gold Coast) – but we look after clients right across QLD.

Where We Help With Off the Plan Contracts

Brisbane off the plan – South Brisbane, West End, New Farm, Newstead, Fortitude Valley, Bowen Hills, Hamilton, Woolloongabba, Kangaroo Point, Milton, Toowong, and brand new estates across Ripley, Springfield, Rochedale, and North Lakes.

Gold Coast off the plan – Surfers Paradise, Broadbeach, Main Beach, Mermaid Beach, Burleigh Heads, Palm Beach, Coolangatta, Southport, Robina, Hope Island, and new master-planned communities at Pimpama, Coomera, and Ormeau.

Across QLD – Sunshine Coast, Ipswich, Logan, Redlands, Toowoomba, Cairns, and anywhere a developer is putting up new stock. If you’ve got an off the plan contract in Queensland, we can help.

Ready to Get Your Off the Plan Contract Reviewed?

Send us the contract and any disclosure documents. We’ll review it, give you a clear written opinion, and talk you through anything that matters.

Email: info@empirelegal.com.au
Phone: 07 3088 7675
Office hours: 9:00am – 5:00pm, Monday to Friday

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Off the plan in Queensland – what goes wrong, and when

Off the plan contracts fail in predictable ways. These are the real cases and clauses worth understanding before you sign.

Sunset clauses explained – what happens if the developer does not finish on time, and who gets to walk away.

The Luminaire case – a court decision that changed how sunset clauses are read in practice.

The clause that saved a deal – a real matter where one contract term was the difference between settling and losing the deposit.

Howard Smith Wharves apartments – what buyers in this development need to check.

Buying off the plan on the Gold Coast – the questions to ask before signing on a tower that does not exist yet.

Off the Plan Contracts – Frequently Asked Questions

An off the plan contract is a contract to buy a property that hasn’t been built yet, or hasn’t been finished yet. You sign the contract and pay a deposit now, but settlement happens once the build is complete and the plan is registered. Common examples are new apartments, townhouses in new developments, and house and land packages.

It’s not legally required, but we’d never recommend signing one without a review. Off the plan contracts are heavily weighted in the developer’s favour, and there’s a lot of fine print around sunset clauses, variations, and settlement that can burn you badly if it’s not flagged upfront. In QLD, conveyancing must be handled by a solicitor or law firm – there are no licensed conveyancers in Queensland.

A sunset clause is a provision in the contract that lets either party (but usually the developer) terminate if the project isn’t finished by a specified date. In a rising property market, some developers have used sunset clauses to terminate contracts and re-sell properties at a higher price. We’ll check the sunset date, the termination rights, and whether the contract gives you any protection against a dodgy developer pulling the plug.

Deposits on off the plan contracts in Queensland need to be held securely – typically in a solicitor’s or real estate agent’s trust account, or secured by a bank guarantee or deposit bond. We’ll confirm how your deposit is being held before you sign, so you know where your money sits if something goes wrong.

Yes. Standard residential off the plan contracts in Queensland come with a five business day cooling off period, starting from the day you receive the signed contract. During that window, you can terminate the contract but you’ll typically forfeit 0.25% of the purchase price. We always recommend getting the contract reviewed before you sign, not during the cooling off period.

Queensland doesn’t have a blanket off the plan stamp duty concession like some other states. But depending on your circumstances – first home buyer, owner occupier, investor – there can be stamp duty savings in play, particularly around when the contract is signed versus when settlement happens. We’ll talk you through what applies to your situation.

Most off the plan contracts give the developer some right to vary the plans, specifications, or finishes. The key question is how much wiggle room they’ve got. Some contracts allow “minor” variations only, but “minor” is often defined in ways that give the developer a lot of latitude. We’ll tell you exactly what the developer can and can’t change without your consent.

Settlement timing on an off the plan contract isn’t fixed. It’s usually tied to when the build is finished and the plan of subdivision (or community titles scheme) is registered with the Queensland Titles Registry. That can be months to years after you sign. Once registration happens, settlement is typically 14 to 21 days later. We’ll explain what that means for your finance and your timeline.

Generally no, unless there’s a specific right to terminate in the contract (for example, if the developer makes a material variation, or if the sunset date passes without the build being finished). That’s exactly why getting the contract reviewed before you sign is so important – once you’re in, you’re in.

No. We never act for both parties in the same transaction – our job is to look after you and only you. If you’re buying off the plan, we act exclusively for you as the buyer. We can, however, handle separate matters if you’re selling another property at the same time – that’s two separate deals with two separate files.

Every off the plan contract is unique, so both the price and the turnaround depend on what’s in yours. The developer, the length of the contract, the disclosure pack, and how urgently you need the review all shape the quote. Email info@empirelegal.com.au or call 07 3088 7675 with a copy of the contract and we’ll come back with a tailored quote and timeline.

Off-the-plan conveyancer Brisbane and Gold Coast – what to know before you sign

Off-the-plan contracts are the most complex residential contracts in QLD – 100+ pages, drafted by the developer’s lawyers, with sunset clauses, disclosure schedules, body corporate forecasts, and special conditions that can swing badly against buyers. An Empire Legal off-the-plan conveyancer reads the whole contract, flags the gotchas, and either negotiates amendments or tells you clearly what you’d be agreeing to before you sign.

We handle off-the-plan conveyancing across Brisbane (Newstead, Fortitude Valley, South Bank, Spring Hill, West End) and the Gold Coast (Coomera, Surfers Paradise, Broadbeach, Southport, Hope Island). Our conveyancers stay on your file from contract signing through to settlement on completion – even if that’s 2-3 years later. Where contract issues escalate into legal disputes, our in-house property solicitors take over so you don’t have to find a new firm mid-development.

Common off-the-plan contract issues our conveyancers find

Sunset clauses that favour the developer (most do – we negotiate two-way termination rights). Vague specifications that allow downgrades to fittings, finishes, and even floorplans. Body corporate setup with the developer staying on the committee for years post-completion. Special conditions allowing significant design changes. Hidden levies or sinking-fund forecasts that don’t match the marketing. Misrepresentation of views, building heights, or surrounding lots.

Off-the-plan conveyancer FAQ

What does an off-the-plan conveyancer do?

An off-the-plan conveyancer reviews the developer’s contract before you sign, checks the disclosure documents and proposed body corporate setup, and manages the long settlement timeline (sometimes 1-3 years until completion). Empire Legal’s off-the-plan conveyancers in Brisbane and on the Gold Coast handle the contract review, identify sunset-clause risks, advise on the deposit structure, and step you through the path from signing to settlement on completion.

Why do I need a conveyancer to review an off-the-plan contract?

Off-the-plan contracts run 100+ pages, drafted entirely by the developer’s lawyers in the developer’s favour. Common traps: sunset clauses that let the developer walk away years later, vague specifications that allow downgrades, body corporate setups that lock buyers into ongoing developer-friendly arrangements, and special conditions allowing significant design changes. An Empire Legal off-the-plan conveyancer reviews everything before you sign, flags the dealbreakers, and where possible negotiates amendments. Our in-house property solicitors step in if the developer pushes back on amendments.

How long does off-the-plan conveyancing take?

Off-the-plan conveyancing has TWO stages. Stage 1 is the contract review and signing – usually 1-2 weeks before you commit. Stage 2 is the settlement on completion – 1-3 years later, once the developer finishes construction and triggers settlement. Empire Legal stays on your file across the entire timeline. You don’t get bounced to a new conveyancer between signing and settlement.

Can you handle off-the-plan apartments on the Gold Coast?

Yes – off-the-plan is a Gold Coast speciality. Coomera, Surfers Paradise, Broadbeach, and Southport all have major off-the-plan tower developments. Empire Legal’s Gold Coast conveyancers have reviewed contracts for most major developers operating on the Coast. We know the sunset-clause patterns to watch for and the body corporate setups that typically come back to bite buyers.

What about off-the-plan in Brisbane?

Newstead, Fortitude Valley, Spring Hill, West End, and South Bank are Brisbane’s off-the-plan hotspots. Our Brisbane off-the-plan conveyancers review developer contracts for apartments and townhouses across these precincts. Brisbane off-the-plan contracts are typically slightly less aggressive than Gold Coast ones, but the sunset-clause and disclosure risks are the same.

When should I contact an off-the-plan conveyancer?

Before you sign anything. Developers often pressure buyers to sign within 24-48 hours of the launch, but a contract this complex needs proper review. Empire Legal offers 24-hour off-the-plan contract review so you can move fast without skipping the legal protection. Call 07 3088 7675 BEFORE you put pen to paper.

Before you sign an off-the-plan contract, talk to a conveyancer. Call 07 3088 7675 or book online – 24-hour off-the-plan contract review for Brisbane and Gold Coast buyers.

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The information on this website is general in nature and does not take into account your personal circumstances. It is not legal advice and should not be relied on as legal advice. Empire Legal is a Queensland law practice and this website refers to Queensland law, which changes. For advice on your situation contact us, or read the full disclaimer.

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