Queensland Sunset Clause Reforms: 5 Things You Must Know Before Buying Off-the-Plan in 2025

Introduction

In September–October 2025, the Queensland Department of Justice ran a public consultation asking buyers, developers, and industry groups for feedback on the 2023 “sunset clause” reforms for off-the-plan land contracts. The government wants to know: are these laws protecting buyers as intended, and do they need to go further? Justice Qld Consultation

These reforms, which began on 22 November 2023, marked a major shift in how developers can use sunset clauses in Queensland off-the-plan land contracts. They were introduced after reports of developers cancelling contracts near the “sunset date” and reselling the same property at a higher price.

If you’re thinking about buying off-the-plan in Brisbane or anywhere in Queensland in 2025, here are five key things you should understand before you sign anything.

1. What is a “sunset clause”?

A sunset clause sets a final deadline: if the project hasn’t reached a key milestone by that date, the contract can be terminated.

In off-the-plan contracts, the sunset date is usually linked to milestones such as:

• registration of the new lot on title,
• completion of construction, or
• the property becoming ready for legal transfer.

Originally, these clauses protected both parties from indefinite delays. But in a rising market, some developers have used them to:

• let projects run late until close to the sunset date,
• cancel the contract and refund the deposit, then
• resell the same property at a much higher price.

That practice—reported by ABC News and Courier-Mail—left many buyers priced out of the market they first entered. ABC News Coverage | Courier-Mail Feature

2. What changed in 2023?

To curb misuse, Queensland amended the Land Sales Act 1984 (Qld) via the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (Qld).
The key reforms—effective 22 November 2023—now require that a seller can end an off-the-plan land contract under a sunset clause only if:

1. the buyer gives written consent,
2. the Supreme Court of Queensland orders termination, or
3. a narrow statutory exception applies.

These changes apply to both:

• new off-the-plan land contracts signed after 22 November 2023; and
• existing off-the-plan land contracts signed earlier but not yet settled.

They also tightened trust-account requirements so deposits remain protected until settlement.
In short, developers can no longer unilaterally invoke a sunset date to walk away for profit.

Legislation Qld Bill Text

3. Why the type of contract matters: land vs apartments

These protections currently apply only to off-the-plan land sales—not automatically to apartments, units, or townhouses in community-titles schemes.
The Queensland Law Society’s Proctor magazine notes that apartment buyers remain exposed to weaker safeguards and has called for broader reform.
QLS Proctor Article

So before signing, ask:

• Is this contract for registered land to be created (house-and-land or vacant lot)? ✅ Protected.
• Or is it for a unit in a community-titles scheme (apartment or townhouse)? ⚠️ Less protected.

Note: Different contract types mean different legal safety nets.

4. Five things to check before you sign an off-the-plan contract

1. Read the sunset clause carefully — what is the deadline, who can terminate, and what happens to your deposit?
2. Assess timing and extensions — long or repeatedly extendable sunset dates can be red flags.
3. Confirm if the 2023 reforms apply — they mainly cover off-the-plan land contracts.
4. Know your rights — if you refuse to consent to termination, the developer must convince the Supreme Court that ending the contract is fair.
5. Research the developer’s track record — history of delays or cancellations? Take extra caution.

Tips: Practical due diligence can prevent years of frustration.

5. Final tips for anyone buying off-the-plan in Queensland

Off-the-plan purchases can still be attractive—locking in today’s price, staged payments, and a brand-new home.
But they come with extra risk: construction delays, market shifts, and finance expiry.

Before you sign:

• consider whether you can manage a long delay,
• confirm finance approval validity, and
• always have an experienced Queensland property lawyer review the contract.

Tips: A well-drafted contract can protect your investment; a poorly reviewed one can cost you far more than you expect.

How W & G Lawyers can help

Our Property Team https://wglawyers.com.au/nancy-wang/ at W & G Lawyers advises local and international clients on off-the-plan purchases across Queensland.

We can:

• explain your contract in plain English and Chinese,
• identify risky or non-compliant clauses, and
• ensure your rights under the 2023 reforms are preserved.

Contact us:

• Phone: 07 2810 5666
• Email: info@wglawyers.com.au
• Office: 68 Bryants Road, Shailer Park QLD 4128
• Website: https://wglawyers.com.au

References

Key official and reputable sources relied on for this article include:

1. Queensland Department of Justice and Attorney-General – Review of 2023 sunset clause legislative reforms for ‘off the plan’ land contracts (2025 public consultation background and scope) – https://www.justice.qld.gov.au/community-engagement/community-consultation/past/review-of-2023-sunset-clause-legislative-reforms?utm_source=chatgpt.com
2. Queensland Government – Buying off-the-plan guidance – Official consumer guidance on buying off-the-plan in Queensland, including the 22 November 2023 changes to off-the-plan land contracts and limits on sellers’ use of sunset clauses. https://www.qld.gov.au/law/housing-and-neighbours/buying-and-selling-a-property/buying-a-home/ways-to-buy-your-home/buying-off-the-plan
3. Land Sales Act 1984 (Qld) reforms – Amendments made by the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (Qld), establishing new controls on the use of sunset clauses in off-the-plan land contracts and the operative date of those changes. – https://www.legislation.qld.gov.au/view/pdf/bill.first/bill-2022-054
4. Queensland Law Society / Proctor – Articles and commentary on the impact of the 2023 reforms on off-the-plan land buyers, and ongoing advocacy for stronger protections for apartment and community-titles-scheme purchasers.- https://www.qlsproctor.com.au/2025/10/qls-sunset-clause-advocacy-continues/
5. ABC News and Courier-Mail reporting – Coverage of Queensland developers’ use of sunset clauses to cancel contracts, buyer experiences, and the policy response that led to the 2023 reforms. – https://www.abc.net.au/news/2023-11-18/queensland-sunset-clauses-new-laws-property-developers/103118158; https://www.couriermail.com.au/subscribe/news/1/?sourceCode=CMWEB_WRE170_a&dest=https%3A%2F%2Fwww.couriermail.com.au%2Fnews%2Fqueensland%2Fqld-sunset-clause-what-it-means-how-it-works-and-case-studies%2Fnews-story%2F5f4745ea57c8d9199ec650389cf5c71b&memtype=anonymous&mode=premium&v21=GROUPA-Segment-2-NOSCORE

Disclaimer

This article is provided for general information only. It does not take into account your personal circumstances, does not constitute legal advice, and does not create a solicitor–client relationship between you and W & G Lawyers.
Laws, regulations, and case law may change, and how they apply will depend on your specific situation. Do not act or rely on anything in this article without obtaining tailored advice from a qualified lawyer. If you would like advice about a particular contract or development, please contact W & G Lawyers directly.