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Decide what to buy

Buying an apartment or off the plan in Queensland

Levies and the body corporate's funds, what to read before you buy, and the off-the-plan rules on deposits, sunset clauses and changes in Queensland, each checked against Queensland Government.

Jurisdiction: Queensland onlySources last verified: 22 Oct 2026By Delora editorial teamChange history

Key points

The short answer

In Queensland the seller must give you a body corporate certificate, which shows the levies, before you sign. (Queensland Government (Office of the Commissioner for Body Corporate and Community Management), verified 22 Oct 2026) Every body corporate has an administrative fund and a sinking fund that must budget for at least 9 years after the current year. (Queensland Government (Office of the Commissioner for Body Corporate and Community Management), verified 22 Oct 2026) Off the plan, your deposit is released only at settlement, (Queensland Government, verified 22 Oct 2026) but the 2023 limit on sunset clauses covers land, not apartments. (Queensland Government, verified 22 Oct 2026)

Rules as at 22 October 2026, from Queensland Government pages. They change: check the official page before you rely on one.

Levies and the sinking fund

A body corporate must have an administrative fund and a sinking fund, prepare a budget for each every financial year, and can't transfer money between them. (Queensland Government (Office of the Commissioner for Body Corporate and Community Management), verified 22 Oct 2026)

The sinking fund budget must reserve enough for likely spending for at least 9 years after the current year, such as painting, structural repairs and replacing major items. A professional sinking fund forecast isn't compulsory. (Queensland Government (Office of the Commissioner for Body Corporate and Community Management), verified 22 Oct 2026)

Levies paid late may attract interest of up to 30% a year, and as the new owner you may be liable for amounts the seller left unpaid. (Queensland Government (Office of the Commissioner for Body Corporate and Community Management), verified 22 Oct 2026)

What to read before you buy

Since 1 August 2025, before you sign the seller must give you information about the lot and the scheme, including the body corporate certificate (BCCM form 33), which shows the levies you'll pay, and copies of the by-laws and the improvements register. (Queensland Government (Office of the Commissioner for Body Corporate and Community Management), verified 22 Oct 2026)

Buying off the plan

Deposits under off-the-plan contracts can be released from trust to the seller only at settlement, or if the contract otherwise ends and the seller is entitled to the deposit. (Queensland Government, verified 22 Oct 2026)

The developer must tell you about a change to anything in the disclosure statement. If the change causes material prejudice (a significant disadvantage, such as a much smaller lot), you can back out within 30 days of the notice or before title transfers, whichever is sooner. (Queensland Government, verified 22 Oct 2026)

The Land Sales Act 1984 requires the seller of a proposed lot to settle within 18 months of the contract; if they don't, and you haven't defaulted, you can terminate by written notice before settlement. Sellers can write their own right to terminate into the contract as a sunset clause. (Queensland Government, verified 22 Oct 2026)

Since 22 November 2023 a seller can use a sunset clause to end an off-the-plan land contract only with your written consent, a Supreme Court order or in a situation set by regulation. That limit does not include community titles schemes such as apartments. (Queensland Government, verified 22 Oct 2026)

More on apartments

Every state side by side: buying an apartment or off the plan, state by state. Delora's Victorian guides go further on reading an owners corporation certificate and owners corporation due diligence; for cooling-off in general, see the cooling-off period.

Practical checklist

Before you buy an apartment in Queensland

  • Read the body corporate certificate before you sign: levies, and any amounts owing
  • Check the sinking fund balance against what its budget says is due over the next 9 years
  • Ask for the body corporate's records (in writing, for a fee) if the certificate raises questions
  • Off the plan, apartment: read the contract's own sunset clause, because the 2023 limit doesn't cover it
  • Diary the 30-day window if a change notice arrives
  • Have a conveyancer or lawyer review the contract before you sign

Questions for a professional

  • Is the sinking fund on track for the major items due in the next 9 years?
  • Are there unpaid levies on this lot that I'd inherit?
  • Off the plan: when can the developer end this contract under its sunset clause?

Official resources

Important limitations: General information only, not legal or financial advice. It summarises what Queensland Government publishes, as at 22 October 2026; the legislation and your contract decide your rights. Ask a conveyancer or lawyer before you sign or act on a notice.

Sources and methodology

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.

Evidence record

Written by
Delora editorial team
Jurisdiction
Queensland only
Content type
Guide (general education, not financial advice)
Last reviewed
2026-11-05
Sources
See "Sources and methodology" above for cited sources

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