In Queensland, the Retail Shop Leases Act 1994 governs the leasing of retail shops. This legislation outlines the rights and obligations of landlords and tenants, covering aspects such as lease preparation, rent reviews, lease assignments, and dispute resolution procedures. The Act aims to promote fairness and transparency in retail leasing transactions. Understanding this legislation is crucial for both landlords and tenants to ensure compliance and protect their legal interests.
The Planning Act 2016 provides the legislative framework for land use planning and development assessment in Queensland. Local governments administer Planning Schemes that outline zoning regulations, land use designations, and development standards within their jurisdictions. Commercial property developments must comply with these schemes, obtaining necessary development approvals and adhering to zoning requirements that dictate permissible uses of land.
Building work in Queensland is regulated under the Building Act 1975 and the Building Regulation 2006. All building work must comply with the National Construction Code (NCC) and relevant Australian Standards to ensure safety, health, and amenity for occupants. Developers and builders are required to obtain building approvals (permits) and ensure that construction complies with prescribed standards. Compliance is essential to guarantee that buildings are safe for occupancy and meet required design and construction benchmarks.
The Queensland Office of State Revenue administers stamp duty (known as transfer duty in Queensland) and land tax. Transfer duty is payable on dutiable transactions, including the transfer of commercial property, and is calculated based on the property's value. Land tax is an annual tax levied on owners of land as of midnight on 30 June each year, applicable if the total taxable value of their land exceeds the land tax threshold. Investors should factor these taxes into their financial planning when purchasing commercial property.
The Environmental Protection Act 1994 governs environmental protection in Queensland. Commercial developments may require environmental assessments and approvals, especially if they are likely to have significant environmental impacts. Developers may need to obtain an Environmental Authority or comply with specific conditions to mitigate environmental harm. Compliance with environmental regulations is essential to avoid penalties and ensure sustainable development practices.
Foreign investors must comply with the Foreign Acquisitions and Takeovers Act 1975 and obtain approval from the Foreign Investment Review Board (FIRB) when acquiring commercial property in Australia. As of 2023, thresholds vary depending on the type of investor and the property's value. Generally, foreign investors need FIRB approval for commercial property acquisitions over $281 million, but lower thresholds apply for sensitive properties or when the investor is from a country without a free trade agreement with Australia. Consulting FIRB is crucial to determine specific obligations and ensure compliance with Australia's foreign investment policies.
The Queensland Government's Advance Queensland initiative is designed to drive innovation, build the economy, and create jobs. While not specific to commercial property, businesses that are investing in innovation and expansion may benefit from grants and support under this initiative. Programs such as the Business Development Fund provide co-investment funding to help businesses commercialise innovative products, services, or processes.
The Jobs and Regional Growth Fund offers financial assistance to businesses looking to expand or establish in regional Queensland. Grants or concessional loans may be available for projects that create employment and stimulate economic growth. This incentive supports commercial property development by assisting businesses in funding capital expenditure, including property acquisition and development costs.
Queensland offers payroll tax incentives to eligible businesses, including tax rebates and deductions for hiring new employees or apprentices. While not directly related to commercial property, these incentives can reduce operating costs for businesses expanding their workforce and occupying commercial premises.
The EcoBiz Program, funded by the Queensland Government, helps businesses reduce their energy, water, and waste costs. Businesses participating in the program receive free coaching and resources to implement sustainable practices. Additionally, incentives may be available for businesses investing in renewable energy installations or energy-efficient upgrades to commercial properties.
Brisbane's office market has been experiencing gradual improvement. As of 2023, vacancy rates in the Brisbane CBD have been declining due to increased demand and limited new supply. Businesses in sectors such as technology, professional services, and resources are driving demand for office space. The adoption of flexible working arrangements continues to influence leasing activity, with some tenants seeking smaller spaces or offices with enhanced amenities to attract staff back to the workplace.
The industrial property sector in Queensland, particularly in South East Queensland, has shown strong performance. Areas like the Australia TradeCoast region—which includes the Brisbane Airport and Port of Brisbane—as well as suburbs like Pinkenba, Eagle Farm, and Murarrie are experiencing high demand. The growth in e-commerce, logistics, and manufacturing is driving demand for warehousing and distribution facilities. Low vacancy rates and rising rents characterise the industrial market, making it attractive for investors and developers.
The retail property market in Queensland has faced challenges due to changing consumer behaviours and the impact of online shopping. However, retail centres that focus on essential services, dining, and experiential offerings have performed better. Tourist destinations like the Gold Coast have seen fluctuating retail performance influenced by domestic tourism trends. Neighbourhood shopping centres and retail strips in growth corridors continue to attract interest due to population growth.
There is growing interest in alternative commercial property assets such as healthcare facilities, childcare centres, and aged care homes. Queensland's increasing population and demographic trends support demand for these assets. Additionally, the Build-to-Rent (BTR) sector is emerging, with developers exploring opportunities in Brisbane and other major centres. Data centres are also gaining attention due to increased digital infrastructure needs.
SEQ is a major growth region encompassing Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, and Moreton Bay. Key factors contributing to growth include population increases, infrastructure investments, and preparations for the 2032 Brisbane Olympic and Paralympic Games.
The Brisbane CBD is undergoing significant development, including the Queen's Wharf Brisbane project—a large-scale integrated resort featuring hotels, residential apartments, retail, and entertainment facilities. This project is expected to boost tourism and create opportunities for commercial property investment.
Major infrastructure projects like the Cross River Rail and Brisbane Metro will enhance public transport connectivity, supporting development and increasing accessibility in key precincts. Areas surrounding new stations are likely to experience uplift in property values and increased demand for commercial spaces.
The Gold Coast continues to grow as a commercial hub, benefiting from its strong tourism sector, population growth, and infrastructure projects like the Gold Coast Light Rail extension. Opportunities exist in retail, hospitality, office space, and industrial developments catering to local and tourist markets.
The Sunshine Coast is experiencing significant growth, with developments such as the Maroochydore City Centre project, which aims to create a new central business district. The expansion of the Sunshine Coast Airport and investment in health and education precincts enhance the region's appeal for commercial investment.
Emu Money has a panel of 50+ lenders, including specialist lenders for commercial property. We can help you find the right lender for your needs.
Australia's major banks—ANZ, NAB, Commonwealth Bank, and Westpac—provide commercial property financing solutions with dedicated business banking specialists. Services include tailored loan products, financial advice, and support for property acquisitions.
McCullough Robertson Lawyers offers legal advice on property transactions, development projects, financing, and regulatory compliance, ensuring clients navigate legal complexities effectively.
Firms like PwC, Deloitte, KPMG, and EY, provide tax advisory, due diligence, financial planning, and audit services for commercial property investments, helping clients optimise financial strategies and comply with regulations.
Click on a state or territory to learn more about its specific regulations and opportunities:
