Gold Coast sellers are getting fined for this simple contract mistake… are you next?
Conveyancing, real estate, property
In this blog/video, we look at how Local Law 17 could make (or break) your settlement when buying or selling on the Gold Coast waterfront.
It’s one of the most misunderstood laws in Queensland property — and missing it could cost you big. Local Law 17 applies to thousands of homes across the Gold Coast with jetties, pontoons, revetment walls, and more. If your property backs onto a canal, river, or lake — this law affects you!
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Hi everybody - George Sourris, Empire Legal.
Today's topic: Gold Coast sellers are getting fined for this simple contract mistake…are you next?
Are you living in the lovely river city of Brisbane, but considering making a move to the Gold Coast? Or maybe you're thinking of buying an investment property on the canals of Broadbeach?
I'm here today to spread awareness about a little guy by the name of Local Law 17, that is super important, if you plan on buying on the water at the Gold Coast. It sounds boring, it's anything but! This local law could mean the difference between a smooth settlement or a surprise council notice, unexpected costs and a big post-sale headache. Let's break it down in plain English.
What is Local Law 17?
Local Law 17 Maintenance of Works in Waterway Areas, is a Gold Coast City Council law introduced in 2013. Its main goal - to make sure structures in and around the city's waterways are properly maintained, so they're safe, functional, and not a hazard to the environment or surrounding homes.
We're talking about things like - revetment walls, training walls, jetties, pontoons, boat ramps, boat lifts, et cetera - collectively called "specified prescribed works". These structures are often found on properties backing onto rivers, canals, lakes, or other artificial waterways - a huge number of homes across the Gold Coast.
Fun fact: the Gold Coast has the largest constructed canal network in the southern hemisphere, with 135 constructed lakes and more than 400 kilometers of canals.
Seller obligations - don't miss this at contract time. If you're selling a property that includes or benefits from any of the above "works", Local Law 17 requires you to make a formal disclosure in the contract. That disclosure needs to confirm:
- the property has specified prescribed works,
- the works fall under Local Law 17,
- you are responsible for maintaining them, and
- whether there are any outstanding notices from the council.
Buyer beware. Yes, you inherit the responsibility. Even if the seller forgets to tell you once you take ownership, the responsibility for maintenance for any specified prescribed works falls squarely on your shoulders as the buyer. So, if that revetment wall starts crumbling a few months after settlement, that's your problem, even if you didn't know it was there.
That's why it's always recommended that you ask your lawyer (that's us) to check on any council records, conducting a proper inspection of any waterfront structures, and of course, making sure the contract includes the correct Local Law 17 disclosure.
At Empire Legal, we help our clients all over the Gold Coast buy and sell waterfront homes. Local Law 17 comes up all the time, and we're always surprised how many agents and sellers mess it up or miss it. If you're unsure whether your property is affected or what needs to go into the contract, simply get in touch with us.
We'll walk you through the process and make sure everything's done above board. Waterfront homes are a dream, but when laws like this are in play, you need to know what you're diving into.
Empire Legal - Queensland's trusted conveyancing firm. That's right, guys. Over 12,000 settlements completed, over 2,700 reviews on Google with a five star average.
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Thanks guys. We'll see you next week!
Finally, if you haven't heard, we've just launched our podcast. It's called Raising the Bar, where we story tell excellence in Queensland property. Here is the link to listen. If you prefer to watch, here is the YouTube link.
Also, stay up to date with our miniseries on Seller's Disclosure.
Thanks guys. We'll see you next week!
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If you have any questions, you can email me: george@empirelegal.com.au.
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Thanks for reading everybody. See you on the next one.
Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.
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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.
