Conveyancing · Surfers Paradise, Gold Coast

Conveyancing for apartments and homes in Surfers Paradise.

From contract review to settlement on high-rise apartments, holiday units and canal homes. Fiona Cox handles conveyancing at Fraser Lawyers, which acts for Surfers Paradise buyers and sellers from its Bundall office.

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

Surfers Paradise runs between the Pacific Ocean on the east and the Nerang River to the north-west, with the Gold Coast Highway and the G:link light rail running north to south through it. Its first high-rise, the ten-storey Kinkabool, went up in 1959. Today that skyline is the most recognisable image of the Gold Coast, and towers such as Q1 sit within a short walk of Cavill Avenue and the beach.

For conveyancing, that means apartments. At the 2021 Census flats and apartments made up more than three-quarters of the occupied dwellings in both the northern and southern statistical areas of Surfers Paradise. Many of those buildings combine permanent residents, investors and holiday guests under one body corporate. Away from the beach, the river was reshaped in the late twentieth century into canal estates and islands such as Chevron Island, which is joined to the mainland by bridges along Thomas Drive.

None of the law is peculiar to the suburb. The Property Law Act 2023 (Qld) has, since 1 August 2025, put most sellers under a duty to provide a Form 2 disclosure before signing, and the REIQ contract then governs the timetable. In a Surfers Paradise tower the body corporate records, the letting arrangements and the by-laws usually carry as much weight as the contract itself.

Fraser Lawyers acts for buyers and sellers in Surfers Paradise 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 Surfers Paradise conveyancing, including:

Matter: What it usually involves
Pre-contract review: Reading the contract, special conditions and disclosure for a Surfers Paradise apartment or home before you commit.
Seller disclosure statements: Preparing the Form 2 and certificates for a sale, or reviewing them on a purchase, under the Property Law Act 2023 (Qld).
High-rise apartment purchases: Reviewing levies, the sinking fund forecast, minutes and by-laws for a lot in a large community titles scheme.
Holiday and investment units: Explaining letting pool and onsite manager arrangements, and what they mean for the owner of the lot.
Canal and river homes: Title, easements and the council mapping for homes on the canals and islands off the Nerang River.
Sales by owners: Acting for sellers from disclosure and contract through to discharge of the mortgage at settlement.
Settlement through PEXA: Settlement statement, adjustments for rates, water and levies, and electronic settlement.
Transfer duty assessment: Assessing duty under the Duties Act 2001 (Qld) and whether a concession is open to you.

A Surfers Paradise apartment purchase is really two decisions: whether to buy this lot, and whether to join this body corporate. The building’s finances, its by-laws and the agreements it has already signed with a caretaker and letting agent pass to the buyer at settlement. Reading them closely is the part of the work that most often changes a buyer’s view of the price or the terms.

Cooling-off Most residential buyers have 5 business days from the contract date under the Property Occupations Act 2014 (Qld). Auction contracts have none.
Disclosure first A seller must give the Form 2 statement and certificates before the buyer signs, on most sales since 1 August 2025.
Standard dates REIQ contracts commonly settle 30 days after signing, with finance and building and pest dates inside that period.
Surfers Paradise towers Apartments dominate the suburb, so levies, sinking funds, by-laws and letting agreements are central to most files.
When to get advice Before signing, while the contract can still be negotiated.

Process

The steps in a Surfers Paradise conveyance.

The Queensland process does not change between suburbs, but in Surfers Paradise most of the risk sits in the scheme documents rather than the land. The stages are these.

Disclosure and contract. The seller’s Form 2 and the REIQ contract are reviewed together before signing, including any special conditions dealing with furniture, letting or the onsite manager.
Cooling-off. Unless the contract was formed at auction, the buyer usually has 5 business days from the contract date to terminate under s 166 of the Property Occupations Act 2014 (Qld), at a cost of 0.25% of the price.
Finance and inspections. The lender assesses the loan and the lot, and the building and pest inspection is done within the contract dates.
Scheme records and searches. The body corporate certificate and records are reviewed, title, rates and water searches obtained, and requisitions raised.
Settlement. Levies, rates and water are adjusted to the settlement date, settlement completes in PEXA, and the transfer is lodged under the Land Title Act 1994 (Qld).

The Body Corporate and Community Management Act 1997 (Qld) sits alongside the Property Law Act 2023 (Qld), the Property Occupations Act 2014 (Qld), the Duties Act 2001 (Qld) and the Land Title Act 1994 (Qld) on almost every Surfers Paradise file.

Letting and management rights

Caretakers, letting agents and short-term stays.

Many Surfers Paradise buildings have an onsite manager holding what is commonly called management rights: a caretaking agreement with the body corporate plus an authorisation to run a letting business from the building. The arrangement can be convenient for an owner who lets the lot, but the agreements are long and the body corporate pays for the caretaking side.

The Body Corporate and Community Management Act 1997 (Qld) defines a service contractor as someone engaged by the body corporate for at least a year to supply services such as caretaking (s 15), and a letting agent as someone the body corporate authorises to run a letting business for the scheme (s 16). The letting agent acts for the owners who choose to use its services. An owner is not obliged to join the letting pool.

Short-term letting is a frequent question. Under s 180, a by-law cannot restrict the type of residential use where a lot may lawfully be used for residential purposes, and cannot prevent an owner from leasing the lot. How those limits apply to holiday letting has been argued in the tribunal and the courts, and the building’s planning approval can also limit how a lot is used. If you plan to let the apartment, or to live in a building where others do, read the by-laws and the approval before signing.

Seller disclosure

The Form 2 statement on a Surfers Paradise sale.

Since 1 August 2025, the Property Law Act 2023 (Qld) has required most sellers to give the buyer an approved Form 2 disclosure statement, with prescribed certificates, before the contract is signed. For a lot in a community titles scheme, the body corporate information forms a substantial part of that package, alongside title, encumbrances, rates and water, and any planning or building notices.

A buyer who never received the statement, or received one that was wrong about something that would reasonably have influenced the decision to buy, may have a right to end the contract before settlement. Whether that right is available in a particular case needs advice. For a seller, a complete and accurate statement is the simplest way to keep the sale steady.

Fraser Lawyers prepares the disclosure for Surfers Paradise sellers before the property goes to market, and reviews it for buyers before they sign.

Costs and transfer duty

Fees, disbursements and duty, kept separate.

Professional fees pay for the legal work. Disbursements are third-party charges paid on your behalf, which on an apartment usually include a body corporate certificate as well as title searches and registration fees. A written costs disclosure under s 308 of the Legal Profession Act 2007 (Qld) sets both out before work begins.

Transfer duty is a State tax assessed under the Duties Act 2001 (Qld) and paid before the transfer is registered. A home concession or first-home concession may apply where the buyer will live in the property and meets the criteria, The Queensland Revenue Office publishes the current rates and thresholds, and the firm assesses the position on every purchase.

Buying or selling in Surfers Paradise

What to check on a Surfers Paradise property.

The checks that matter most in Surfers Paradise follow the type of property.

In a tower, compare the sinking fund balance with the forecast of future works, read at least the last few years of minutes, and look for any special levy, defect claim or major repair under discussion. A building on the beachfront also faces salt air and weather, which tend to show up in maintenance costs over time.

For a holiday or investment unit, check whether the lot is in a letting pool, the term of the letting agreement and any furniture or fit-out included in the sale. Holiday occupancy affects the contract, the finance and the duty position, so it is better settled before signing.

For a canal or island home, the City of Gold Coast maps canal and waterway setback lines and publishes flood information through a flood level search report. Both are worth checking for a property on the water, together with title and any easements.

Near the beach, the City Plan includes a coastal erosion hazard overlay, which the council’s interactive mapping shows by address. Building near mapped coastal hazards can need extra assessment, which matters if renovation or redevelopment is part of the plan.

Time limits

Deadlines and risks.

Dates in an REIQ contract are strict, and missing one can leave a buyer committed without finance or a seller exposed to a claim. On Surfers Paradise files these come up most.

The cooling-off window is 5 business days. It starts on the contract date under s 166 of the Property Occupations Act 2014 (Qld) and does not pause while a buyer arranges finance.

Finance can take longer on some apartments. Some lenders apply tighter criteria to small, serviced or holiday apartments, so allow time in the finance date.

Scheme records must be read before conditions are satisfied. After that point a special levy or defect in the minutes is much harder to act on.

Letting agreements are not cancelled by a sale. Check whether the lot is committed to a letting pool and on what notice an owner can leave.

What we do

How Fraser Lawyers acts in these matters.

Fraser Lawyers does not predict how a transaction will go, because so much depends on lenders, body corporate managers, letting agents and the other party. The firm’s work on a Surfers Paradise file is careful and practical.

Before you sign it goes through the contract and the Form 2. Then it reads the scheme’s records and letting agreements, searches the title, rates and water, raises requisitions, prepares the settlement statement, liaises with the lender and settles in PEXA. Fiona Cox handles conveyancing at Fraser Lawyers.

When an issue comes up, a levy no one mentioned, a defect in the minutes, a dispute about adjustments, the firm sets out the options while there is still time to use them.

Pathway

The likely path.

Step 1. Before you sign.

The contract, special conditions and Form 2 disclosure are reviewed. For a seller, the disclosure is prepared before the property is listed.

Step 2. Cooling-off and finance.

Five business days of cooling-off run from the contract date, while the lender assesses the loan and the building and pest inspector reports on the lot.

Step 3. The scheme records.

Levies, the sinking fund forecast, minutes, by-laws and any caretaking or letting agreements are reviewed, alongside title, rates and water searches and requisitions.

Step 4. Preparing settlement.

Adjustments for rates, water and body corporate levies are calculated, transfer duty is assessed under the Duties Act 2001 (Qld), and the PEXA workspace is prepared.

Step 5. Settlement and registration.

Settlement completes in PEXA, any mortgage is released, and the transfer is lodged with the Titles Registry 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

Should I use a lawyer or a settlement agent for a Surfers Paradise apartment?

Queensland permits either. The difference is advice. A solicitor can tell you what the contract, the disclosure and the body corporate records mean for you before you sign, and can act if a dispute arises. Fraser Lawyers takes instructions from the contract stage onward; Fiona Cox handles conveyancing at the firm.

How long does settlement usually take?

Thirty days from the contract date is the REIQ default, with finance and building and pest dates usually set at 14 days. A cash buyer may settle sooner, and the parties can agree a longer period. Once agreed, the dates can only be changed with the other side’s consent.

Can the body corporate stop me letting my Surfers Paradise apartment to holiday guests?

Section 180 of the Body Corporate and Community Management Act 1997 (Qld) says a by-law cannot restrict the type of residential use where a lot may lawfully be used for residential purposes, and cannot prevent an owner from leasing a lot. The tribunal and the courts have considered how that applies to short-term letting, and the answer can turn on the building’s planning approval and the type of scheme. If holiday letting matters to your plans, have the by-laws and approval checked before you sign.

Do I get a cooling-off period?

Usually. Section 166 of the Property Occupations Act 2014 (Qld) gives 5 business days from the contract date on most residential contracts. Terminating in that time costs the buyer 0.25% of the price. Buyers at auction do not get this right.

What should I look for in the body corporate records?

The levy amounts and any special levy, the sinking fund balance against its forecast, recent minutes for defects, disputes or major works, the by-laws, and any caretaking and letting agreements. Each of them becomes the buyer’s concern from the day of settlement.

What will the conveyance cost me?

There are professional fees for the legal work and disbursements for searches, the body corporate certificate and registration. Both are set out in writing under s 308 of the Legal Profession Act 2007 (Qld) before work begins. Transfer duty under the Duties Act 2001 (Qld) is separate, and the Queensland Revenue Office publishes the current rates.

Buying or selling in Surfers Paradise? Start with a free 15-minute call.

Tell us about the apartment or home and where the deal is up to, and we will explain what is involved and the practical next step. 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 in Surfers Paradise and across Queensland.