QLD Property Access - Clarified!

We explain everything you need to know about PROPERTY ACCESS when buying or selling a property in Queensland...

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PROPERTY ACCESS – CLARIFIED

You have been through a property at the open home, and then decided to buy.

You now have a contract to purchase – and you want to go through the property. When can you legally gain access?

Standard Term 8.2 of REIQ contracts outlines when a buyer can legally gain entry to a property. A buyer can only enter for certain reasons.

We have recently had clients asking if they can enter the property to perform certain tasks, such as:

• Measure the windows to order blinds;
• Measure to see if the fridge will fit, if the couch or beds will fit, or to prepare for renovations;
• After a Building & Pest inspection, there is recommendations for an expert to assess issues – i.e electrician, plumber, termite specialist etc.

These instances, believe it or not – do not automatically allow a buyer to gain entry to the property.

The below is an extract of the exact wording in the REIQ Standard Terms:

8.2 Access:

After reasonable notice to the Seller, the Buyer and its consultants may enter the Property:

(1) once to read any meter (usually this is the water meter);

(2) for inspections under clause 4 (building & pest);

(3) once to inspect the Property before settlement (pre settlement inspection);

(4) once to value the Property before settlement (your bank requires this for your loan); and

(5) once to carry out an inspection for smoke alarms installed on the property.

Please note, access outside of the specific instances noted in Standard Term 8.2 of the REIQ contracts can be negotiated – so we suggest speaking with the Real Estate or to your solicitor to help when additional access may be needed.

Obviously this only applies to REIQ contracts, so if you are buying off the plan, or where the contract is not an REIQ contract, then this will not apply.

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We look forward to continuing to help thousands of Queenslanders every year with their conveyancing!

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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.