Private Lenders in Brisbane: What Changes Under Queensland Law
Private lenders in Brisbane: how Queensland's Property Law Act 2023, Titles Queensland, land tax and flood overlays change a private or bridging loan.
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Private Lenders Brisbane · Queensland Law · Bridging Finance
A private loan secured on Brisbane property runs under Queensland's property law, which changed in August 2025. Here is what that means for registration, land tax, duty, flood risk and regional security before you sign.
Quick Answer
Private lenders in Brisbane lend under Queensland's property rules, so the loan, the security and the costs all follow state law wherever the funder is based. The checks that matter are registration at Titles Queensland, first mortgagee consent for a second mortgage, land tax and duty while you hold two properties, and any flood overlay on the security. The loan options themselves are on our private lending page.
Also called: private lenders Queensland, Brisbane bridging finance, non-bank lenders Brisbane. Bridging is one use of private lending, not a separate lender type.
Are there private lenders in Brisbane?
There are private lenders in Brisbane: private funders, mortgage funds and non-bank lenders all lend against South East Queensland property, and most of what they write for business owners is short-term and secured on real estate rather than on income. They sit outside the major banks, price for speed and flexibility, and lean on the security and the exit more than on tax returns.
Who these lenders are, how they are regulated and how to check one is covered in our guide to private mortgage lenders. This insight deals only with what changes when the property is in Queensland.
For a Brisbane business owner the funder may sit in Sydney or Melbourne, but the security does not. The mortgage is registered under Queensland law, the duty and land tax are Queensland's, and the valuer reads a Brisbane flood map. Those local rules sit on top of the loan options on our private lending page, and more property lending guides are on the Property Lending Hub.
What did Queensland's Property Law Act 2023 change for private lending?
Queensland's Property Law Act 2023 replaced the Property Law Act 1974 and commenced on 1 August 2025, together with the new seller disclosure scheme, so any private loan written on Brisbane property today sits under the new statute. The Act modernised the rules that govern mortgages and the steps a lender takes before it can enforce, as well as how land is bought and sold. Older template documents and older advice may still point to provisions that have since been replaced.
The seller disclosure scheme matters on a bridge too. A seller now gives the buyer a disclosure statement and prescribed certificates before the contract is signed, so a Brisbane owner selling to clear a bridging loan needs that paperwork ready before the property goes to market, or the sale timeline slips. The wider disclosure line is covered in our low doc commercial loans in Brisbane insight.
Which notice periods apply before a funder can enforce, and whether a caveat or a registered mortgage protects it, are legal questions. Take the loan documents to your solicitor before you sign.
How is a private mortgage or caveat registered in Queensland?
A private mortgage in Queensland is registered at Titles Queensland, usually lodged electronically at settlement, and a caveat is lodged there too when the funder takes an unregistered interest instead. Registration is what puts the lender's interest on the title and fixes its priority against later dealings.
Where a bank already holds a first mortgage, a private second mortgage loan normally needs first mortgagee consent before it can be registered behind the bank, and getting that consent is often the slowest step in the file. A funder that cannot wait for consent may lodge a caveat instead, which is the territory of caveat loans and of our comparison of bridging, caveat and second mortgage options.
Registration carries Titles Queensland fees. At the time of writing, the fee for written notice of lodgement of a caveat is $46.56 under the 2026-27 schedule; other fees vary by instrument, so ask the funder for its full cost sheet. How long a caveat can stay on the title before it lapses is set by Queensland's Land Title Act 1994. Confirm the current rule with your solicitor rather than assuming one.
What do Brisbane business owners use private and bridging loans for?
Brisbane business owners mostly use private and bridging loans to buy before they sell, to clear or restructure ATO debt, to secure a development site, or to settle commercial property when a bank cannot move in time.
- Buying before selling. A bridge carries both properties until the old one sells; the national mechanics are in our bridging finance guide, and the same move under Victorian rules is in bridging loans in Melbourne.
- ATO debt. A short loan against property clears the debt while the business rebuilds its lodgement record, with a refinance planned at the end.
- Development sites. Funders lend on the land before construction finance is in place; the Brisbane steps are in our Brisbane development finance checklist.
- Commercial property and business bridges. Settling a premises or covering a gap in the business, set out in our guide to private bridging loans for business.
In practice, the loan is rarely the hard part. What decides the file is whether the security is clean, whether the exit strategy is real, and whether the Queensland paperwork can be finished before the deadline.
How do Queensland land tax and duty affect a bridging loan?
Queensland land tax and duty affect a bridging loan because, for a period, you own two properties, and the Queensland Revenue Office looks at what you hold on 30 June.
Individuals are generally liable for land tax when the total taxable value of their freehold land is $600,000 or more at 30 June, at the time of writing, and the home exemption covers one principal place of residence. If you are between an old home and a new one on 30 June, the transitional home exemption may apply. Where it does, the exemption runs for 12 months at the time of writing, as long as the requirements are met: you earn no rent or income from the old home after you stop living there, and you no longer own the old home on the following 30 June. Exemptions are generally not automatic, so you apply.
That last condition ties the tax position to the bridge. If the old home is still unsold, or rented out to cover interest, the exemption can fall away, so the bridge term and the sale plan should be set with the 30 June date in view.
Transfer duty on the new purchase is a separate cost. Duty must be paid before the transfer completes and most lenders want a stamped transfer at settlement, so the duty typically sits in the bridge's day-one funding.
Does the home concession need the old home sold first?
The Queensland Revenue Office home concession page does not require the previous home to be sold, but it does require you to move in within 1 year of settlement, at the time of writing, and that period cannot be extended. You also cannot sell or transfer the new home before moving in, or lease all of it within a year of moving in. Whether you qualify is a question for your accountant or the Queensland Revenue Office, not for the funder.
Does flood risk change a private loan on Brisbane property?
Flood risk can change a private loan on Brisbane property, because valuers and funders check flood overlays, and some funders decline affected security or lend against it at a lower LVR.
A flood overlay on the security does not mean an automatic no. What it changes is the valuation: the report notes the overlay, any history of inundation and whether insurance is available, and the funder sizes and prices the loan off that report. Lending ratios on affected property are indicative and vary by funder; some take a more conservative view on low-lying streets, ground-floor commercial units and land that has flooded before.
Before you sign a contract or a term sheet, check the Brisbane City Council flood mapping for the address and ask your insurer whether cover is available. The funder will ask the same questions, and an answer in hand saves time.
How do private funders treat regional Queensland security?
Private funders treat regional Queensland security more cautiously than Brisbane metro property, because resale is slower and the pool of buyers is thinner if the loan ever has to be recovered.
What decides it is each funder's postcode appetite, which varies: a property one funder declines, another may accept at a lower ratio. Large regional centres and coastal growth towns are usually easier than small inland towns, single-industry towns or rural acreage. The same caution applies to a second mortgage behind an existing regional bank loan, where the funder's buffer is thinner still.
Property type matters as much as location. Specialised property, such as a service station, a farm or a motel, needs a funder that knows the asset, and the valuation typically takes longer and goes deeper. If a regional property is the security, allow extra time for the valuer and expect more questions about the exit.
What is the Queensland checklist before you take a private loan?
The Queensland checklist before a private loan covers seven things: the Property Law Act paperwork, registration, consent, duty, land tax, flood and location. Each one either speeds the file up or slows it down.
| Check | What it is | What it changes for the loan (indicative) |
|---|---|---|
| Property Law Act 2023 and seller disclosure | The statute governing mortgages and sales of Queensland land since 1 August 2025, with seller disclosure before the buyer signs | Loan documents and enforcement steps follow the new Act; a sale to clear the bridge needs the disclosure ready first |
| Registration at Titles Queensland | Lodging the mortgage or caveat on the title, usually electronically at settlement | Fixes the funder's priority; fees are added to costs, including the caveat notice fee of $46.56 at the time of writing |
| First mortgagee consent | The existing first lender's agreement to a second mortgage behind it | Often the slowest step; without it the funder may only take a caveat |
| Transfer duty and home concession | Duty on the purchase, paid before the transfer completes; the home concession needs you to move in within 1 year of settlement | Typically funded on day one of the bridge |
| Land tax and the transitional home exemption | Liability from $600,000 total taxable value at 30 June; an exemption of up to 12 months between homes, at the time of writing | Renting the old home, or still owning it on the next 30 June, can end the exemption |
| Flood overlay | Council flood mapping and inundation history for the address | May lower the LVR or lead to a decline, varies by funder |
| Postcode and property type | The funder's view on location and the asset itself | Regional or specialised security is typically lent at lower ratios and valued more slowly |
Sources: Queensland Revenue Office, Transitional home exemption, last updated 1 July 2026. Queensland Revenue Office, Home exemption for individuals (last updated 16 September 2026), Home concession (last updated 31 July 2026) and When duty applies (last updated 11 May 2026). Titles Queensland, fee schedule effective 1 July 2026. Queensland Government, Seller disclosure scheme, revised 21 July 2025. All read 13 October 2026.
Faster
- Clean title and metro Brisbane security
- First mortgagee consent requested on day one
- Seller disclosure ready before listing the old home
- Land tax position checked against 30 June
- Flood map and insurance answers in hand
- A dated, written exit
Slower
- A first lender slow to give consent
- A flood overlay found by the valuer, not by you
- The old home rented out to cover interest
- Specialised or small-town regional security
- No listing or sale date for the old home
- Loan documents signed before legal advice
Run the Queensland checklist before you sign a term sheet, then check eligibility to see which funders fit the security.
A private loan on Brisbane property is a Queensland loan. Queensland's Property Law Act 2023 governs the mortgage, Titles Queensland holds the registration, the Queensland Revenue Office decides land tax and duty while you hold two properties, and the valuer reads the flood map. Sort the consent, the disclosure paperwork, the 30 June position and the flood answers before the term sheet, and the funder can move at the speed you are paying for.
Key takeaway: run the Queensland checklist on the security and the tax position before you sign, not after the funder asks.Frequently Asked Questions
The private lenders in Brisbane are mostly private funders, mortgage funds and non-bank lenders that lend against South East Queensland property rather than on income. Many are based interstate but lend under Queensland law because the security is in Queensland. Our guide to private mortgage lenders explains how to check one before you sign.
Bridging finance in Brisbane works as it does elsewhere: a short-term loan secured on property covers the gap between buying and selling, and the sale proceeds repay it. What is local is the Queensland layer, including registration at Titles Queensland, duty on the purchase and land tax while both homes are held. The national mechanics are in our bridging finance guide.
There are non-bank lenders in Brisbane, both licensed specialists and private funders, and they lend on residential and commercial property across South East Queensland. Which one fits depends on the documents you have and how fast you need to settle. For commercial property on limited documents, see our low doc commercial loans in Brisbane insight.
A private lender can lend on flood affected property in Queensland, but the flood overlay usually shows up in the valuation and can reduce the loan size or lead to a decline, depending on the funder. Insurance availability matters as much as the overlay itself. The valuation is where this gets decided, so check the flood map before you sign.
Whether you pay land tax on two homes in Queensland while bridging depends on what you own on 30 June and whether the transitional home exemption applies. At the time of writing it can apply for 12 months if you earn no rent from the old home after leaving it and no longer own it by the following 30 June, so the sale's settlement date matters. Confirm your position with your accountant or the Queensland Revenue Office.
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