Conveyancing · Burleigh Heads, Gold Coast

Conveyancing for houses and units at Burleigh Heads.

Contract review to settlement on Burleigh Heads houses, beachside units and townhouses. Fiona Cox handles conveyancing at Fraser Lawyers, which acts for Burleigh Heads buyers and sellers from its Bundall office.

Request a free 15-minute call Call (07) 5554 6116

Tell us what you need help with.

Free 15-minute call to see if we can help, with no obligation. We reply next business day.

Your name

Phone or email, whichever suits you. One is enough.

Phone or email below Email or phone above A few lines about your matter optional

Please do not send sensitive documents until we confirm we can act.

How we handle your information

We use the details you provide to respond to your enquiry, to run a conflict check, and for administration and security, in accordance with the Privacy Act 1988 (Cth) and our privacy policy. We keep a record of your enquiry, including the page you contacted us from and technical details such as your IP address. Sending an enquiry does not create a solicitor-client relationship and is not acceptance of a retainer. We answer the phone Monday to Friday, 8:30 to 5:00; after hours, we aim to call back the next business day.

Reviewed by Blake Fraser, Principal Lawyer, Fraser Lawyers Last updated 4 November 2026

Burleigh Heads takes its name from the headland at the northern mouth of Tallebudgera Creek, now part of Burleigh Head National Park. The sheltered beach and the point break draw surfers from well beyond the Gold Coast, and James Street has been the commercial centre of the beach side since the 1930s. The suburb also runs inland along Tallebudgera Creek, where Koala Park was developed as a residential area in the 1960s among bushland reserves. Since 9 August 2026 the light rail has run to Burleigh Heads.

Unlike the high-rise suburbs to the north, Burleigh Heads has a genuine mix. At the 2021 Census flats and apartments made up a little under half of occupied dwellings, separate houses about two-fifths, and townhouses and other attached homes most of the rest. A buyer here may be looking at a house on its own lot, a unit in a beachside block or a townhouse near the creek.

The legal framework is the same as elsewhere in Queensland. Since 1 August 2025 the Property Law Act 2023 (Qld) has required most sellers to give a Form 2 disclosure before the buyer signs, and the REIQ contract then sets the dates. What changes in Burleigh Heads is how much of the work concerns the land itself: the creek, the coast and the bushland all appear in the council’s mapping.

Fraser Lawyers acts for buyers and sellers at Burleigh Heads from its office at 86 Bundall Road, Bundall, and for clients across the Gold Coast and Queensland.

Scope of work

What we help with

Fraser Lawyers acts on Burleigh Heads conveyancing, including:

Matter: What it usually involves
Contract review: Explaining the contract, special conditions and timeline for a Burleigh Heads house, unit or townhouse before you sign.
Disclosure on a sale or purchase: Preparing the Form 2 for sellers, or reviewing it for buyers, under the Property Law Act 2023 (Qld).
House purchases: Title, easements, council mapping and the building and pest report for a house on its own lot.
Beachside units: Levies, sinking fund, minutes and by-laws for a lot in a community titles scheme near the beach.
Townhouses: Exclusive use areas, maintenance responsibilities and body corporate records in smaller complexes.
Selling at Burleigh Heads: Acting for sellers from disclosure and contract through to settlement and discharge of the mortgage.
Searches and settlement: Searches, requisitions, adjustments and electronic settlement through PEXA.
Transfer duty and concessions: Assessing duty under the Duties Act 2001 (Qld) and any home or first-home concession.

At Burleigh Heads the land often matters as much as the building. A house near Tallebudgera Creek, a unit block behind the beach and a home backing onto bushland each bring different questions from the council’s mapping, before you even reach the building and pest report or the body corporate records. Identifying those questions at the start makes the rest of the advice more useful.

Cooling-off On most residential contracts, 5 business days from the contract date under the Property Occupations Act 2014 (Qld).
Form 2 disclosure Most sellers must give the disclosure statement and certificates before the buyer signs, since 1 August 2025.
Contract dates REIQ contracts commonly settle in 30 days, with finance and building and pest dates of around 14 days.
Burleigh Heads housing A real mix of houses, units and townhouses, and land near the creek, coast and bushland that the council maps for hazards.
When to get advice Before signing, when there is still room to negotiate.

Process

From contract to settlement on a Burleigh Heads property.

The Queensland process is the same whatever the suburb. At Burleigh Heads the searches and mapping checks deserve particular care. In outline the stages are as follows.

Contract and disclosure. The Form 2 and the contract are reviewed before signing, including any special conditions. On a sale the Form 2 is prepared before the property goes to market.
Cooling-off. Most buyers have 5 business days from the contract date under s 166 of the Property Occupations Act 2014 (Qld), with 0.25% of the price payable to the seller if they terminate. Auction contracts have no cooling-off.
Finance and inspections. The lender’s approval and the building and pest inspection proceed within the contract dates. Older homes near the coast deserve a careful inspection.
Searches and mapping. Title, rates, water and, for a unit or townhouse, body corporate searches are obtained, and the council’s flood and City Plan mapping checked.
Settlement. The settlement statement is prepared, settlement completes through PEXA, and the transfer is registered under the Land Title Act 1994 (Qld).

The relevant statutes are the Property Law Act 2023 (Qld), the Property Occupations Act 2014 (Qld), the Land Title Act 1994 (Qld), the Duties Act 2001 (Qld) and, for lots in a scheme, the Body Corporate and Community Management Act 1997 (Qld).

Council mapping

Flood, coastal and bushland mapping at Burleigh Heads.

The City of Gold Coast publishes several kinds of hazard information that are relevant to a Burleigh Heads purchase, and they are worth checking before signing.

Flood. For land along Tallebudgera Creek or in low-lying streets, the council’s flood level search report gives an estimated designated flood level and the ground level at the centre of the property. It does not show how far a flood would extend, so it is read with the council’s flood mapping.

Coastal erosion. The City Plan includes a coastal erosion hazard overlay, which the council’s interactive mapping shows by address with a hazard level. New building in a mapped coastal erosion area may need extra assessment, which matters if you plan to renovate or rebuild.

Bushfire and landslide. Burleigh Heads has national park and bushland reserves, and parts of the suburb sit on sloping ground near the headland. The council maps bushfire hazard as a City Plan overlay and publishes landslide hazard maps. Both are relevant to building work and insurance.

An overlay does not mean a property is unsafe or unsaleable. It means the question should be asked before the contract is signed, not after.

Seller disclosure

What a Burleigh Heads seller has to give a buyer.

Since 1 August 2025, most sellers must give the buyer an approved Form 2 disclosure statement and prescribed certificates under the Property Law Act 2023 (Qld) before the contract is signed. The package covers title and encumbrances, rates and water, planning and building notices, pool safety where there is a pool, and body corporate information for a lot in a scheme.

Houses, units and vacant land are all generally caught, though the Act carves out some sales. Where the statement is missing, or misstates something a reasonable buyer would have weighed, the buyer may be entitled to terminate before settlement. That entitlement turns on the facts and should be tested with advice rather than assumed.

For Burleigh Heads sellers, Fraser Lawyers prepares the disclosure before the property goes to market. For buyers, it reviews what the seller provides and raises any gap before signing.

Costs and transfer duty

What you pay on a conveyance, and what goes to the State.

Professional fees cover the firm’s legal work. Disbursements are the amounts paid to third parties on your behalf, such as search fees, any body corporate certificate and registration fees. A written costs disclosure under s 308 of the Legal Profession Act 2007 (Qld) explains both before work begins, so there are no surprises later.

Transfer duty, often called stamp duty, is a State tax assessed under the Duties Act 2001 (Qld), and it is paid before the transfer is registered. A buyer who will live in the property may be eligible for the home concession or, for a first home, the first-home concession. Eligibility criteria and thresholds change from time to time, and the Queensland Revenue Office publishes the current figures. The firm works out the duty position on each purchase.

Buying or selling at Burleigh Heads

What to check on a Burleigh Heads property.

The right checks at Burleigh Heads depend on whether you are looking at a house, a unit or a townhouse, and on where it sits.

For a house, look at the title for easements and covenants, the building and pest report, any pool and its safety certificate, and the council mapping for flood, coastal erosion, bushfire and landslide. Approvals for past extensions and renovations are also worth confirming on an older home.

For a beachside unit, read the body corporate certificate, levies, sinking fund forecast and recent minutes. An older building can face large works, and the owners at the time pay for them. Check the by-laws on pets, parking and renovation.

For a townhouse, confirm which parts of the building each owner maintains and insures, which courtyards and car spaces are exclusive use areas, and how the body corporate is run.

Reading the disclosure, the contract and the mapping together before signing is the simplest way to know what you are buying.

Time limits

Deadlines and risks.

The REIQ contract makes time of the essence. A missed date can cost a buyer the ability to terminate, or leave a seller facing a claim. These are the dates that matter most.

Cooling-off. The 5 business day period under s 166 of the Property Occupations Act 2014 (Qld) starts on the contract date and ends without notice.

Finance. If approval is not in place, or the finance date not properly extended, a buyer can end up bound to a purchase without the funds.

Building and pest. The report must be obtained and any issue raised within the contract window. On an older coastal home, book the inspection early.

Mapping and disclosure. Flood, coastal or bushfire questions and any Form 2 gap are easiest to deal with before signing.

What we do

How Fraser Lawyers acts in these matters.

Fraser Lawyers does not make predictions about how a conveyance will run, because lenders, valuers, councils, body corporate managers and the other party all play their part. On a Burleigh Heads file the firm’s work is thorough and practical.

It reviews the contract and the disclosure before you sign, checks the council mapping and searches, reads the body corporate records on a unit or townhouse, raises requisitions, prepares the settlement statement, works with the lender and settles through PEXA. Fiona Cox handles conveyancing at Fraser Lawyers.

If something comes up, a title issue, a condition that cannot be met or an adjustment dispute, the firm sets out the options while they are still open.

Pathway

The likely path.

Step 1. Contract and disclosure.

The contract and Form 2 are reviewed before signing, with the dates and special conditions explained. On a sale the Form 2 is prepared first.

Step 2. Cooling-off and conditions.

The cooling-off period runs for 5 business days. Finance and the building and pest inspection are dealt with inside the contract dates.

Step 3. Searches, mapping and requisitions.

Title, rates and water searches, council flood and City Plan mapping and, for a lot in a scheme, the body corporate records are reviewed. Requisitions go to the seller’s solicitor.

Step 4. Settlement preparation.

Adjustments for rates, water and any levies are calculated, transfer duty is assessed under the Duties Act 2001 (Qld), and the PEXA workspace is set up with the lender.

Step 5. Settlement and registration.

Settlement completes in PEXA, any mortgage is discharged, and the transfer is registered under the Land Title Act 1994 (Qld).

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

Do I need a lawyer to buy or sell at Burleigh Heads?

Not by law; a settlement agent is also permitted in Queensland. A solicitor adds advice on the contract, the disclosure and the searches before you sign, and can act if a problem arises before settlement. Fraser Lawyers acts from the contract stage, and Fiona Cox handles conveyancing at the firm.

How long does a Burleigh Heads conveyance take?

Most REIQ contracts settle 30 days after the contract date, with finance and building and pest dates of about 14 days. The parties can agree different dates, but once signed they bind both sides.

How do I find out whether a Burleigh Heads property is affected by flooding or coastal erosion?

The City of Gold Coast’s City Plan interactive mapping shows overlays, including the coastal erosion hazard overlay and bushfire hazard, by address. For flooding, the council’s flood level search report gives the estimated designated flood level and ground level at the centre of the property. Run these checks before signing.

Can I change my mind after signing?

Within limits. Section 166 of the Property Occupations Act 2014 (Qld) gives most residential buyers 5 business days from the contract date to terminate, at a cost of 0.25% of the price. There is no cooling-off on a contract formed at auction. After the period ends, termination needs a ground in the contract.

Is buying a Burleigh Heads unit different from buying a house?

Yes. A unit or townhouse in a community titles scheme is governed by the Body Corporate and Community Management Act 1997 (Qld), so the body corporate records need review: levies, any special levy, the sinking fund, recent minutes and the by-laws. Those obligations pass to the buyer at settlement.

What are the costs of a conveyance?

You pay the firm’s professional fees plus disbursements, and both appear in the written costs disclosure required by s 308 of the Legal Profession Act 2007 (Qld) before any work starts. Transfer duty is a different charge, a State tax under the Duties Act 2001 (Qld), and a home or first-home concession can lower it for eligible buyers.

Buying or selling at Burleigh Heads? Start with a free 15-minute call.

Let us know what the property is and what has happened so far, and we will walk you through what lies ahead and where to start. The initial 15-minute scoping call is free and there is no obligation. Fraser Lawyers is based at 86 Bundall Road, Bundall, and acts for buyers and sellers at Burleigh Heads and across Queensland.