In addition to purchasing your individual lot, you may become a member of a body corporate and acquire rights and obligations relating to common property, levies, by-laws, insurance and the management of the scheme.

This means it is important to investigate not only the apartment or townhouse itself, but also the body corporate and the scheme in which the property is located.

Since 1 August 2025, Queensland's seller disclosure regime also requires sellers to provide buyers with prescribed information before the contract is signed. For a lot in a community titles scheme, this includes body corporate information. However, the statutory disclosure documents do not necessarily tell a buyer everything they may want to know about the scheme.

What is a body corporate?

A body corporate is created when land is subdivided and registered to establish a community titles scheme.

The scheme may contain apartments, townhouses, duplexes or even freestanding houses.

When you purchase a lot within the scheme, you automatically become a member of the body corporate. You cannot opt out.

The body corporate is responsible for matters including managing and maintaining common property, setting contributions payable by owners, arranging certain insurance, keeping records and making and enforcing by-laws.

This is why buying into a body corporate involves more than simply deciding whether you like the individual property.

What information should you receive before signing the contract?

Queensland's seller disclosure scheme commenced on 1 August 2025.

Before a buyer signs a contract, most sellers must provide a prescribed Form 2 Seller Disclosure Statement together with the applicable prescribed certificates.

For a property in a community titles scheme, the prescribed material includes a community management statement and body corporate certificate.

The Queensland Government specifically advises buyers to read and satisfy themselves about the disclosure information before signing. The Form 2 also warns that the disclosure does not cover every matter a buyer may want to investigate.

For more information, read Queensland Seller Disclosure Laws: What Property Sellers Need to Know.

What is a body corporate certificate?

The body corporate certificate contains important information about the particular lot and body corporate.

Depending upon the applicable scheme, it can include information concerning:

• body corporate levies;
• outstanding amounts;
• insurance;
• the applicable regulation module;
• the survey plan;
• improvements;
• the body corporate manager or other contact;
• by-laws; and
• other prescribed information.

The Queensland Government recommends that prospective buyers consider the levies for the next financial year, the latest financial statement and whether the current owner has outstanding levies.

The certificate is therefore an important starting point, but it should not necessarily be the end of the buyer's investigation.

How much are the body corporate levies?

When you own a lot in a body corporate scheme, you will generally be required to contribute towards the body's expenses through levies.

The amount can vary considerably between schemes.

A complex with facilities such as:

• swimming pools;
• lifts;
• extensive gardens;
• gyms;
• security;
• common recreation areas; or
• other substantial shared facilities

may have very different ongoing expenses from a small townhouse complex.

The body corporate certificate contains information about levies payable for the lot.

However, buyers should consider more than the current quarterly figure.

What are the administrative fund and sinking fund?

Queensland body corporates governed by the Standard, Accommodation, Commercial or Small Schemes modules generally maintain an administrative fund and a sinking fund.

The administrative fund is used for the body corporate's recurrent expenditure and other expenditure that is not required to be paid from the sinking fund.

The sinking fund is intended to meet relevant capital expenditure and other prescribed expenditure over time.

When buying into a scheme, the financial position of the body corporate can therefore be important.

A low current levy does not necessarily mean the scheme will remain inexpensive to own.

What is a special levy?

Unexpected or inadequately budgeted expenditure can result in owners being required to make additional contributions.

In Queensland, these additional levies are referred to as special contributions.

For example, if major common property work costs more than the amount available in the relevant budget, the body corporate may resolve to collect a special contribution from owners.

For a buyer, this is one reason it can be useful to investigate whether significant expenditure is proposed or has recently been discussed.

A seemingly affordable apartment can become considerably more expensive if a substantial special contribution is imposed after purchase.

Should you obtain a body corporate records search?

Depending upon the property, this can be an important part of a buyer's due diligence.

A buyer of a lot is entitled to request access to body corporate records under the applicable Queensland body corporate framework, subject to the required written request and fee.

The Queensland Government specifically identifies records that prospective buyers may wish to investigate, including:

• contracts entered into by the body corporate;
• financial information not included in the body corporate certificate;
• committee meeting minutes; and
• general meeting minutes.

These records can provide a much broader picture of the scheme.

What can meeting minutes reveal?

Committee and general meeting minutes can be particularly useful because they record decisions and issues considered by the body corporate.

Depending upon the scheme, they may identify matters involving:

• maintenance;
• repairs;
• proposed expenditure;
• building defects;
• disputes;
• insurance;
• common property;
• proposed improvements;
• service contractors; or
• other matters affecting owners.

Queensland bodies corporate are required to keep meeting minutes and meeting materials as part of their records.

The absence of an issue from the seller disclosure material does not necessarily mean that the issue has never been discussed by the body corporate.

What about building defects?

Building defects can be particularly important when purchasing an apartment in a larger complex.

Depending upon the age and type of building, a buyer may wish to investigate whether there have been issues involving matters such as:

• waterproofing;
• balconies;
• roofing;
• concrete;
• windows;
• common property;
• lifts;
• fire safety; or
• other building systems.

Body corporate records can contain relevant information because bodies corporate are required to retain various documents, including correspondence, meeting records, insurance material and certain defect assessment reports.

A records search is not a substitute for appropriate building or specialist advice, but it may identify issues that warrant further investigation.

Do you still need a building and pest inspection for an apartment?

Potentially, yes.

Buying into a body corporate does not mean the physical condition of the individual lot should be ignored.

A building and pest inspection serves a different purpose from a body corporate records search.

The Queensland Form 2 expressly warns buyers that the seller disclosure statement does not provide information about the structural soundness of the building or pest infestation and encourages buyers to make their own enquiries.

The appropriate inspection will depend upon the property.

For more information, read Building and Pest Conditions in Queensland Property Contracts: What Buyers Need to Know.

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What are body corporate by-laws?

By-laws are rules applying within the body corporate scheme.

They regulate aspects of how owners and occupiers use their lots and common property.

Depending upon the scheme, by-laws may deal with matters such as:

• pets;
• parking;
• noise;
• use of common facilities;
• appearance of lots;
• behaviour on common property; and
• activities requiring body corporate approval.
• Queensland Government guidance specifically identifies pets, parking and noise as common subjects dealt with by by-laws.

A buyer should read the by-laws before purchasing rather than assuming they will be able to use the property exactly as they wish.

Can you have a pet in an apartment or townhouse?

This depends upon the circumstances and applicable by-laws.

If having a pet is important to the buyer, the relevant by-laws should be reviewed before the contract becomes unconditional.

The same principle applies to other matters that are important to the buyer's intended use of the property.

Rather than relying on statements such as “the building is pet friendly”, it is preferable to understand what the actual by-laws provide.

What about parking and storage?

Buyers should identify exactly what they are purchasing.

A car space or storage area that appears to belong to an apartment may have a different legal status.

Depending upon the scheme, an area may form part of:

• the lot;
• common property; or
• an area subject to particular rights or arrangements.

The relevant title, survey plan and community management statement should be considered.

The body corporate certificate identifies the survey plan applying to the property, and the community management statement contains important information about the scheme, including lot entitlement schedules and by-laws.

This is particularly important if parking or storage is a significant reason for purchasing the property.

What is exclusive use?

In some schemes, an owner may have rights relating to a particular part of common property.

Buyers should understand whether an area they expect to use exclusively is actually part of their lot or is common property subject to another arrangement.

This can affect matters such as use, maintenance and the ability to make alterations.

The Queensland Government notes that owners may, in some circumstances, be responsible for maintaining an area of common property over which they have exclusive use.

Can you renovate an apartment or townhouse?

Do not assume that ownership of the lot means every proposed renovation can be undertaken without approval.

Depending upon the work, consideration may need to be given to:

• the by-laws;
• common property;
• body corporate approval;
• Council or building approvals; and
• other statutory requirements.

This can be particularly important for work affecting walls, balconies, plumbing, windows, structural components or the external appearance of the building.

If a buyer intends to undertake substantial renovations, this should be investigated before purchasing.

What about body corporate insurance?

The body corporate is responsible for arranging certain insurance.

The extent of that insurance depends upon the type of scheme and applicable legislation.

The body corporate certificate is accompanied by insurance information, and the Queensland Government warns that if the lot is not covered by the body corporate's insurance, the owner will need appropriate insurance themselves. Owners remain responsible for insuring their contents.

Buyers should therefore understand what is and is not insured rather than assuming the body corporate policy covers everything associated with their apartment.

What contracts has the body corporate entered into?

A body corporate may have contracts relating to matters such as:

• body corporate management;
• caretaking;
• letting;
• lift maintenance;
• utility services; and
• other services.

These contracts can be relevant because their costs may ultimately be funded through owners' levies.

Queensland Government guidance specifically recommends considering body corporate contracts when investigating a scheme.

Bodies corporate are also required to retain contracts with body corporate managers or service contractors and contracts for utility services among their records.

For larger complexes, these arrangements can represent a significant ongoing expense.

What is the community management statement?

A community titles scheme has a community management statement, commonly called the CMS.

Among other things, it identifies:

• the applicable regulation module;
• lot entitlement schedules;
• by-laws; and
• certain information about the scheme.

The lot entitlement schedules are relevant because they can affect how particular body corporate costs are allocated between owners.

Under the current seller disclosure regime, a copy of the CMS must generally be provided to a buyer before signing the contract for a community titles lot.

What other property searches should you consider?

Buying an apartment or townhouse may also require many of the searches relevant to other Queensland property purchases.

Depending upon the property, these can include:

• title searches;
• survey plans;
• Council searches;
• rates and water information;
• planning information; and
• other property-specific investigations.

The appropriate searches depend upon the property and what the buyer intends to do with it.

For a detailed explanation, read Buying Property in Queensland: What Searches Should You Do Before Settlement?

Is seller disclosure enough?

Not necessarily.

Queensland's seller disclosure scheme provides buyers with important information, but the prescribed Form 2 specifically identifies matters that are not included.

These include information about:

• flooding or other natural hazard history;
• structural soundness and pest infestation;
• current or historical use;
• building and development approvals;
• planning restrictions;
• certain services; and
• asbestos.

The form expressly encourages buyers to make their own enquiries about these matters before signing.

Seller disclosure should therefore be considered an important part of the transaction, rather than a replacement for buyer due diligence.

Should you have the contract reviewed before signing?

Ideally, legal advice should be obtained before a buyer becomes bound by the contract.

This is particularly important if the buyer has concerns about:

• body corporate matters;
• proposed renovations;
• building defects;
• finance;
• building and pest;
• searches;
• unusual title issues; or
• another matter that needs to be investigated before the purchase becomes unconditional.

Once the contract has been signed, the buyer's ability to terminate because of something subsequently discovered will depend upon the contract and applicable law.

For more information, read Buying Property in Queensland: What to Know Before You Sign a Contract.

What happens to body corporate levies at settlement?

The conveyancing process will also need to deal with amounts associated with the body corporate and the particular lot.

Relevant amounts may need to be taken into account in the settlement calculations in accordance with the contract.

The body corporate certificate can also identify outstanding levies. Queensland Government guidance warns prospective buyers that a new owner may become liable for outstanding amounts owed in relation to the lot.

This makes obtaining current information important before settlement.

For more information about the final stage of a Queensland property transaction, read Property Settlement in Queensland: What Happens on Settlement Day?

Buying an apartment or townhouse on the Gold Coast

The Gold Coast has a significant number of apartments, townhouses and other community title properties.

When purchasing one of these properties, the condition and features of the individual lot are only part of the picture.

Buyers should also consider the body corporate, its financial position, levies, by-laws, insurance, records, common property and any significant issues affecting the scheme.

A properly considered purchase therefore involves investigating both the property you are buying and the scheme you are joining.

This article provides general information only and is not legal advice. Body corporate schemes and property transactions vary, and advice should be obtained about the particular property and contract.