Covenants in Queensland — probably not on your title, and the removal rules just changed

In Victoria and New South Wales, a restrictive covenant is registered on the title and binds every future owner automatically. Queensland took a different path: the Torrens legislation does not allow private restrictive covenants to be registered on a freehold title. The only covenants that CAN be registered — under section 97A of the Land Title Act 1994 — are covenants in favour of the State or a local government, for limited purposes such as land-use restrictions tied to planning objectives or conservation. And under section 107 of the Planning Act 2016, a covenant connected with a development application is of no effect unless required by a development condition or infrastructure agreement.

So what are the 'building covenants' every greenfield estate advertises? They're contracts. The developer has each buyer sign a deed (or contract clauses) promising façade standards, materials, minimum dwelling sizes, fencing and the like — usually with a clause requiring the buyer to extract the same promises from the next buyer when they sell. That creates a chain of personal obligations, not a restriction on the title itself.

• Private restrictive covenants: generally NOT registrable on QLD freehold titles
• Registered covenants (s97A Land Title Act): State or local government only, limited purposes
• Estate 'building covenants': contractual chains between developer and successive buyers
• Easements ARE registered and DO bind the land — drainage, access, services
• In community titles schemes, by-laws in the CMS bind owners — a separate regime again

On 1 August 2025 the Property Law Act 2023 replaced Queensland's 1974 Act. Its section 181 gives the court a modernised power to modify or extinguish an easement or covenant burdening land, on any of these grounds: the easement or covenant is obsolete because of a change in the use of the benefited land, a change in the character of the area, or other material circumstances; its continued existence would impede a reasonable use of the burdened land, would not provide a practical benefit of substantial value, utility or advantage to anyone entitled to it, or would be contrary to the public interest; every person entitled to the benefit can reasonably be considered to have abandoned it; or every person entitled has agreed, or would not be substantially injured, by the change.

The 2023 rewrite broadened the old power in ways that matter: it covers covenants generally (not just 'restrictive' ones) and easements in gross, adds a dedicated pathway for easements and covenants under building management statements (with compensation required), lets the court amend the instrument — including adding terms about use, repair or maintenance — and adds the public-interest ground.

And a detail with real strategic value: in deciding the obsolete and reasonable-use grounds, the court MUST take into account the operation of the Planning Act 2016 — including the planning scheme applying to both the burdened and benefited land. If your zoning and neighbourhood plan actively support the development the covenant impedes, that now formally counts.

Start with the register: our QLD Title Search (from $34, sourced from Titles Queensland) shows the current title with every registered easement, statutory covenant and dealing — the things that bind the land no matter what. Add the historical search if you need the chain of past dealings.

Then read your contract documents for the building covenant deed — and if your plans collide with it, get advice on whether it still has teeth and whether s181, agreement, or simply proceeding is the right path. Our planners can read the planning side (the free QLD Snapshot shows your zone and overlays) and map the strategy with you.