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QLD buyer-side body corporate (strata) conveyancing checklist

Queensland strata purchases are governed by the Body Corporate and Community Management Act 1997. The seller’s section 206 disclosure statement is the gateway to the body corporate. This checklist is for QLD solicitors acting for purchasers of lots in community title schemes.

In short

This is a 12-step Queensland buyer-side conveyancing checklist for body corporate (strata) lots. It covers the section 206 disclosure statement, Community Management Statement, levies, sinking fund, by-laws, insurance, and settlement.

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12-step checklist

The checklist

1

Review the section 206 disclosure statement

Confirm the disclosure statement is attached to or given before the contract is signed and lists levies, insurance, and proceedings.

Body Corporate and Community Management Act 1997 (QLD) s 206
2

Obtain and review the CMS

Read the Community Management Statement for the scheme to understand lot entitlements, by-laws, and exclusive use areas.

Body Corporate and Community Management Act 1997 (QLD) s 66
3

Order a body corporate records search

Request a full search of the body corporate records — minutes, financials, insurance, and correspondence.

Body Corporate and Community Management Act 1997 (QLD) s 205
4

Check levies and arrears against the lot

Confirm current administrative and sinking fund levies, any arrears, and pending special levies.

Body Corporate and Community Management (Standard Module) Regulation 2020 (QLD) s 142
5

Review the sinking fund forecast

Check the 10-year sinking fund forecast is current and identify major works scheduled within 3–5 years.

Body Corporate and Community Management (Standard Module) Regulation 2020 (QLD) s 150
6

Review by-laws for lot use restrictions

Check by-laws on pets, short-term letting, renovations, parking, and commercial use against the buyer’s intended use.

Body Corporate and Community Management Act 1997 (QLD) s 169
7

Confirm building insurance cover

Verify the body corporate building insurance is current, with an adequate sum insured and public liability cover.

Body Corporate and Community Management (Standard Module) Regulation 2020 (QLD) s 178
8

Assess the 5 business day cooling-off

Advise the buyer on the 5 business day cooling-off period and the 0.25% termination penalty if exercised.

Property Occupations Act 2014 (QLD) s 164
9

Calculate transfer duty and concessions

Calculate QLD transfer duty and assess any home concession, first home concession, or off-the-plan concession.

Duties Act 2001 (QLD) s 9
10

Order land tax and body corporate clearance

Request land tax clearance from the Commissioner and a body corporate information certificate for adjustments.

Land Tax Act 2010 (QLD) s 62
11

Prepare Form 1 Transfer and PEXA workspace

Draft the Form 1 Transfer, complete VOI and client authorisation, and load PEXA for electronic settlement.

Land Title Act 1994 (QLD) s 60
12

Notify body corporate post-settlement

Lodge the notice of transfer with the body corporate manager and confirm title registration with Titles Queensland.

Body Corporate and Community Management Act 1997 (QLD) s 205
When to use

When this checklist applies

Use for every Queensland residential purchase of a lot in a body corporate — units, townhouses, and community title schemes.

Common pitfalls

  • Not checking the section 206 disclosure was given before signing — grounds for termination
  • Missing a struck special levy or sinking fund shortfall
  • Overlooking by-law restrictions on pets or short-term letting
  • Relying on an out-of-date body corporate information certificate
  • Missing the 30 day body corporate transfer notification
Use with Quillio

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Quillio reviews QLD disclosure statements and body corporate records, flags levy arrears and by-law issues, and prepares transfer documents on a live matter. See /practice-areas/property-lawyers or start a free trial.

General guidance for QLD body corporate buyer matters. Adapt for layered schemes, community titles schemes under the BUGTA module, or commercial lots.

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