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.
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.
Over 2,950 five-star Google reviews. Fixed-fee pricing, so you know what you’re up for before we start. Office hours 9:00am to 5:00pm Monday to Friday. Offices in Spring Hill (Brisbane CBD), Wynnum (Bayside), and Bundall (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, 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
Off the Plan Contracts – Frequently Asked Questions
What is an off the plan contract in Queensland?
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.
Do I need a solicitor to review my off the plan contract?
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.
What is a sunset clause and why does it matter?
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.
How is my deposit protected on an off the plan contract in QLD?
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.
Is there a cooling off period for off the plan contracts in QLD?
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.
Does Queensland have a stamp duty concession for off the plan purchases?
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.
What happens if the developer wants to change the plans or finishes?
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.
How long does settlement take on an off the plan purchase?
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.
Can I get out of an off the plan contract after I’ve signed?
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.
Can Empire Legal act for both me and the developer?
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.
How much does it cost to review an off the plan contract?
Every off the plan contract is unique, so it needs a tailored quote. Email us at info@empirelegal.com.au and we can advise.
