Buying land in Queensland: what to check before you sign
Vacant land looks like the simplest thing you can buy. It is often the riskiest. There is no building to inspect, so everything that can go wrong is invisible — in the zoning, the covenants, the soil, the services and the mapping. Here is what to check before you are bound.
Written by Michael Klein, Legal Practice Director, admitted 2003 · General information about Queensland law · Last reviewed 2026
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Can you build what you want, where you want?
Zoning under the local planning scheme determines what use is allowed. Beyond zoning, the lot itself may be constrained: a registered easement for sewer, drainage or access limits where you can build, and building envelopes or covenants in an estate can dictate house size, materials, roof pitch and even how long you have to start construction.
Get the current title search and the registered plan, and read every registered interest. Then check the planning scheme mapping for overlays.
- Zoning and any use restrictions
- Easements — sewer, stormwater, electricity, access
- Covenants and estate design guidelines, including build-start deadlines
- Flood, storm tide, bushfire, acid sulfate soil and vegetation overlays
- Whether the lot is registered yet, or is still an off-the-plan subdivision
Services and site cost
Confirm that water, sewer, power, and NBN are actually at the lot boundary. If the land is unsewered you need an on-site treatment system and enough area for it, which changes the house you can build.
Site cost is where budgets break. A soil test (geotechnical report) tells you the classification — reactive clay or fill sites need much more expensive footings. Sloping land means retaining walls and cut-and-fill. Ask for a soil test and contour survey before you commit, or make the contract conditional on them being satisfactory.
Off-the-plan land: the extra risk
Much new estate land is sold before the plan of subdivision is registered. You are buying a lot that does not legally exist yet. Settlement happens after registration, which can be many months late, and the contract will contain a sunset date allowing termination if it is not registered in time.
Read the sunset clause and the developer's power to vary the plan. Ask whether your finance approval will still be valid that far out — most approvals expire in three to six months.
Duty, GST and timing
Transfer duty on vacant land is assessed at the general rate unless a concession applies. Eligible first home buyers can claim the first home vacant land concession, but it carries conditions — you must build and occupy within set timeframes, or it is clawed back.
If you buy from a developer the price may include GST, and the buyer may have a withholding obligation at settlement. Your solicitor confirms which rules apply before settlement, not after.
Buying land in Queensland — common questions
Do I pay stamp duty on vacant land in QLD?
Yes, transfer duty applies. The general rate normally applies to vacant land, but eligible first home buyers who will build and live there may claim the first home vacant land concession.
Is there a cooling off period when buying land?
Yes, the standard five-business-day cooling off period applies to most residential land contracts in Queensland, and terminating within it forfeits 0.25% of the price.
Should I get a soil test before buying land?
Ideally yes, or make the contract conditional on a satisfactory geotechnical report. Soil classification drives your footing design and can add tens of thousands to the build cost.
How long do I have to build after buying land?
There is no general legal deadline, but estate covenants often require you to start within 12 to 18 months, and duty concessions have their own occupation timeframes. Both need checking before you sign.
What is the risk with off-the-plan land?
Registration delays. Your settlement date depends on the plan being registered, finance approvals expire, and a sunset clause may let one party terminate. Read those clauses before signing.
This guide is general information about Queensland law, current at the time of writing. It is not legal advice and does not take your circumstances into account. Call Coastside Law on 0488 340 853 for advice on your own matter.
Related questions
The questions people usually ask next on this topic.
- How much does conveyancing cost in Queensland?
- How long is the cooling-off period in Queensland?
- What if the building and pest report is bad?
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Next steps
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- 1Fixed-fee conveyancingBuying or selling on the Sunshine Coast — $990 to sell, $1,499 to buy, both incl. GST.See how we help
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- 3Talk it throughA short, no-obligation conversation with a lawyer at our Golden Beach office.Request a consultationCall 0488 340 853
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