Land Sales Act 1984 - Queensland

Service summary

The Land Sales Act has a consumer focus and prohibits the sale of land until the proposed plan of subdivision has been approved by the Local Authority under its common seal. An exemption may be granted under Section 19 of the Land Sales Act from various provisions of Part 2 of that Act where the parcel of freehold land is not proposed to be subdivided into more than five allotments.

Part 2 of the Act regulates the sale and purchase of land for which the proposed plan of subdivision has not been approved by the local authority under its common seal. The Act specifically prohibits the sale of such land except where an exemption has been sought from the Registrar. An exemption can only be obtained if the subdivision consists of five allotments or less. It also contains provisions relating to contracts for the sale of such land.

The Act does not apply to the sale and purchase of land as part of a large transaction.

Part 3 of the Act regulates the sale or purchase of proposed lots.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Large transaction

the sale or purchase of 6 or more proposed allotments, of relevant land if the vendor of each portion is the same person; and the purchaser of each portion is the same person; and the sale or purchase is the subject of a single agreement, or two or more agreements entered into within 24 hours.

Lodgement

Comply

Breaches of the Act are prosecuted in Court and may result in fines and/or imprisonment.

Where the Registrar has granted a conditional exemption, that exemption may be revoked, or the conditions varied, if the original conditions are not complied with.


Additional information

The majority of applications for exemption are lodged by solicitors on behalf of clients using Form 2 which, together with the Guide to completion of Form 2, is available from the Department.

Administering agency

Department of Justice and Attorney-General
Office of Fair Trading
Registration Services

Contact details

Queensland Government Service Centre
Department of Justice and Attorney-General
Office of Fair Trading
Registration Services


Operating address:
Upper Plaza Terrace
33 Charlotte Street
Brisbane, Queensland 4000
Mailing address:
GPO Box 3111
Brisbane, Queensland 4001

Phone:

07 3405 0985

Phone:

13 QGOV (13 74 68)

Fax:

07 3405 0731
RegistrationServices@justice.qld.gov.au

Website:

Office of Fair Trading Opens in a new browser window

Supporting information

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