Queensland housing reforms pass parliament, sunset clauses tightened, unit smokers put on notice

Residents in units and apartment buildings across this state will be barred from smoking on balconies under new laws which have passed parliament.

Bodies corporate in apartment and unit complexes will be able to ban residents from smoking in shared areas and balconies, under a new tranche of housing reforms introduced by the Queensland government.

The regulation changes will also “clarify smoking as a nuisance, hazard or unreasonable interference”.

The new laws were passed through the state parliament on Tuesday and included changes to better protect buyers against the state’s controversial sunset clauses.

Currently for off the plan purchases which include a sunset clause contract, developers can terminate the contract if it’s not settled within the listed time period.

Under the new laws, bodies corporate will be able to ban smoking in shared and outdoor areas, like balconies. Picture: iStock

While the deposit will be returned to the buyer, this has led to instances where developers may purposefully invoke the clause to sell the project at a higher cost, with the potential for the original buyer to be priced out of the market.

The upcoming laws will restrict when developers may invoke the clause.

The suite of new reforms will also prevent bodies corporate from creating by-laws which allow for a blanket ban of pets in community title schemes (such as apartments buildings and townhouses), and enhance powers for bodies corporate to tow vehicles from common property.

Access to records in layered arrangements of community titles schemes will also be enhanced, plus strengthened code of conduct for body corporate managers and caretaking service contractors.

The new laws will make it more difficult for developers to invoke sunset clauses if a build isn’t complete within the listed time. Picture: NCA NewsWire/ John Gass

Attorney-General Yvette D’Ath said the changes support both renters and owners.

“The health of unit residents will be better protected from second-hand smoke and we have made it easier to keep a much-loved pet while living in an apartment,” she said.

In particular, the increased protections for off the plan buyers will ensure Queenslanders will have “access to safe and secure housing”.

“With rising property prices, it was worrying to hear reports of Queenslanders left out of pocket and without the land they wanted to purchase because of developers invoking a sunset clause,” she said.

“The new limitations on the use of these clauses will give certainty to Queenslanders when purchasing land under an ‘off the plan’ contract.”

Queensland Attorney-General said the new laws will go a long way to support renters and owners. Picture: NCA NewsWire/ Josh Woning

It will also be easier for body corporates to terminate a community title scheme if 75 per cent owners agree to do so, if it’s agreed maintaining or repairing the scheme is not longer economically viable.

Housing Minister Meaghan Scanlon said the firming up conditions around scheme termination was a key area of reform identified at the Queensland Housing Summit.

“There are cases where a majority of owners want to sell but even a single person can stop them from being able to make that collective decision about their property,” she said.

“This Bill is about weighing the rights of people who want to facilitate new housing projects and terminate expensive, uneconomic title schemes, while also providing protections and safeguards for lot owners.”

Originally published as Queensland housing reforms pass parliament, sunset clauses tightened, unit smokers put on notice