When you buy a property in Queensland — especially a new lot in a developing suburb or a parcel with subdivision potential — you may encounter a charge that doesn't appear on the certificate of title itself but can significantly affect your costs: an infrastructure charge.
Understanding infrastructure charges, how they are recorded, and how a title search can reveal related information is essential for developers, investors, and buyers of vacant or newly created lots.
What Are Infrastructure Charges in Queensland?
Infrastructure charges are fees levied by local councils or the state government on new development to fund the cost of essential services — roads, water supply, sewerage, stormwater drainage, parks, and community facilities. They are authorised under Queensland's Planning Act 2016 and the Local Government Infrastructure Plans (LGIP) that each council maintains.
When a developer seeks approval to subdivide land, build multiple dwellings, or change the use of a property, the relevant authority calculates an infrastructure charge based on the demand the new development will place on existing public infrastructure. This charge must typically be paid before new titles are issued or before a development reaches certain milestones.
Infrastructure charges in Queensland can run from a few thousand dollars for a single additional lot to hundreds of thousands for large-scale residential or commercial projects.
Do Infrastructure Charges Appear on a Title Search?
This is one of the most common questions buyers and developers ask — and the answer requires some nuance.
An infrastructure charge is not registered as a standard encumbrance on the certificate of title in the way a mortgage, easement, or covenant is. However, there are two ways a title search can reveal related information:
- Infrastructure charges agreements: If a council and a developer have entered into a formal infrastructure charges agreement (sometimes called an offset or refund agreement), that agreement may be registered as a dealing instrument against the title. Ordering a copy of dealing instruments — currently $91.80 AUD — can reveal these arrangements.
- Statutory charges and liens: In some circumstances, unpaid infrastructure charges can become a statutory charge over land, which may be notated on a current title search or disclosed through other searches.
For a complete picture, buyers of development land should order a current title search (from $74.50 AUD) and any relevant dealing instruments, then also conduct separate council and planning searches.
Local Government Infrastructure Plans (LGIP) and How They Affect Your Property
Every Queensland council is required to have an LGIP. This plan identifies the infrastructure the council intends to provide to service growth over the next ten to twenty years, and it sets the schedules that determine how infrastructure charges are calculated.
The LGIP is publicly available through the council's planning scheme, but its implications for a specific property depend on:
- The current and proposed zoning of the land
- The demand calculations set out in the relevant charge resolution
- Whether any credits or offsets apply (for example, if existing infrastructure already services the land)
Buyers of development sites should obtain a copy of the relevant council's charge resolution and apply it against the intended use of the land before committing to purchase.
Infrastructure Charges and Subdivision: What Happens at Title Creation
When a developer subdivides a parcel of land in Queensland, the process involves lodging a plan of subdivision with the Department of Resources (formerly the Department of Natural Resources). New titles are created for each new lot.
Before the Registrar of Titles will issue those new titles, all relevant infrastructure charges must typically be paid or otherwise resolved. This means that by the time a buyer purchases a newly created lot, the infrastructure charges for that lot creation should already have been settled — though ongoing charges may still apply if the buyer subsequently develops the lot.
A survey plan search ($85.90 AUD) reveals the plan of subdivision and shows lot dimensions, boundaries, and easements created as part of the subdivision. This is essential reading for anyone buying a new lot or investigating a property's subdivision history.
Infrastructure Charges Agreements: When Developers Negotiate
Developers with significant projects sometimes negotiate an infrastructure charges agreement directly with the relevant council or the state. These agreements can provide for:
- Offsets: Where the developer contributes trunk infrastructure (such as a road or a park) in lieu of paying the charge
- Refunds: Where the developer is reimbursed for infrastructure contributions that benefit others beyond their project
- Staged payment: Where charges are paid in instalments tied to development milestones
When such an agreement is registered against the title, it becomes a dealing instrument. Any buyer of the land inherits the obligations and entitlements under that agreement. This makes reviewing dealing instruments — particularly for development sites — a critical step in due diligence.
Practical Due Diligence for Buyers of Development Land
If you are buying vacant land, a development site, or a newly subdivided lot in Queensland, your title search due diligence should include:
- Current title search ($74.50 AUD) — confirms legal ownership, identifies encumbrances, mortgages, caveats, and any registered dealing instruments
- Copies of dealing instruments ($91.80 AUD each) — reveals the full terms of any infrastructure charges agreements, easement grants, or other registered documents
- Survey plan ($85.90 AUD) — shows the lot layout, boundaries, and encumbrances created at subdivision
- Historical title search ($86.50 AUD) — useful for older parcels to trace the chain of subdivision and any dealing instruments registered over time
In addition to title searches, buyers of development land should obtain a planning certificate (also known as a zoning certificate) from the relevant council, which discloses the zoning, overlays, and any applicable infrastructure charges that attach to the land under the planning scheme.
Infrastructure Charges vs. Other Development Costs
It's worth distinguishing infrastructure charges from other costs that arise on development sites in Queensland:
- Headworks contributions — an older term for infrastructure charges, sometimes still used informally
- Offset arrangements — credits given when a developer installs public infrastructure
- Conditions of development approval — works or contributions required as conditions on a development approval (DA), which are separate from infrastructure charges but can also involve significant costs
- Land tax — an annual state tax based on the unimproved value of land holdings above certain thresholds, not registered on title
Understanding which costs are registered on title and which arise from council or state planning processes is essential for accurate feasibility analysis.
Common Mistakes Buyers Make
The most common error buyers of development land make is assuming that a clean title search means there are no additional financial obligations on the land. Infrastructure charges are primarily a planning and council matter, not a title matter — which means they can exist even when a title appears unencumbered.
A property that looks simple on its current title could still have:
- Significant infrastructure charges payable before any development approval can be implemented
- An existing infrastructure charges agreement with complex offset or refund provisions
- Conditions on a prior development approval that attach to the land and bind future owners
Engaging a Queensland solicitor or conveyancer experienced in development transactions — alongside a thorough title search — is the best way to avoid these surprises.
Summary: Infrastructure Charges and Title Searches
Infrastructure charges are an important but often misunderstood element of Queensland property development. While they are not standard encumbrances on a certificate of title, related dealing instruments can be registered and revealed through a thorough title search. For anyone buying development land or a newly created lot, ordering the full suite of title documents — current title, dealing instruments, and survey plans — is an essential foundation for due diligence.
Ready to order your Queensland title search? TitleFinder provides fast, accurate title searches starting from $74.50 AUD, with results typically available within one business day.