Updated Qld property law legislation open for public review

The intention behind the Bill is to modernise property laws in Queensland with contemporary language which reflects the current commercial practice, according to Attorney-General and Minister for Justice, Shannon Fentiman.

Minister Fentiman stated that the Bill had been developed based mainly on the recommendations of the Commercial and Property Law Research Centre at the Queensland University of Technology (QUT) after a five-year independent review of the current legislation spanning from 2013 to 2018.

The QUT report made 232 recommendations, largely calling for the repeal of outdated provisions or modernising existing provisions.

“Owning and dealing with property, establishing co-ownership arrangements, signing and enforcing lease agreements and managing mortgages are major concerns that affect Queenslanders everywhere, so it is essential that our property laws are modern and robust,” Minister Fentiman said.

The Attorney-General further stated that while the current Property Law Act 1974 had served the state of Queensland well for nearly five decades, the time has come for it to be “repealed and replaced with modern legislation”.

However, Minister Fentiman said that before the Bill's introduction into Parliament, the state would like to hear from Queenslanders to “better inform policy options that need settling in the Bill”.

“This is legislation that will most likely effect everyone in our State at some stage of their lives, so all Queenslanders deserve the chance to have their say,” Minister Fentiman said.

Despite the QUT's recommendations being generally adopted into the Bill, Minister Fentiman stated that there are some disagreements stemming from property industry, legal and academic stakeholders.

“To assist the public in considering and commenting on the draft Bill, areas of disagreement have been highlighted in the Consultation Paper so that submissions can been well informed.

“The results of that consultation are currently being considered, and it is expected that a new seller disclosure scheme will be incorporated as part of the Property Law Bill 2022.

“However, further consideration needs to be given to whether flooding history information should be included in the seller disclosure statement, so this new consultation will also seek views on that matter as well,” Minister Fentiman concluded.

Queensland's Deputy Premier, Dr Steven Miles, recently directed the state's Housing Supply Expert Panel to address the various housing challenges across the state.

Dr Miles called for “out of date” housing strategies to be updated due to the growth in population seen in the state.

[RELATED: Qld expands housing panel to tackle the growing crisis]