Freehold title information for trustees and local government
Freehold instrument
Before you can allocate freehold land, your community will need a freehold instrument.
A freehold instrument comprises 2 documents: the freehold schedule and the freehold policy. The freehold instrument must be approved by the Queensland Government and then attached to the local planning scheme.
Freehold schedule
The freehold schedule sets out what land will be made available for freehold in the community (known as ‘available land’). The freehold schedule could take the form of a map identifying the available freehold land.
Freehold can only be granted for land that is included in the freehold schedule, so it’s important to identify all land you want to make available. If your community wants some areas to remain as communal land, make sure you don’t include that land in the schedule.
You have the choice of preparing your own freehold schedule or using a model freehold schedule.
Model freehold schedule
The purpose of using a ‘model’ freehold schedule is to speed up the process for allocating freehold land to existing interest holders (e.g. leaseholders or social housing tenants).
If you decide to use a model freehold schedule, it can only include land over which there is an existing interest as of 1 January 2015. You are allowed to exclude certain areas if you want, but you can’t include any other type of land.
The department can help you put together a model freehold schedule for your community by supplying you with data and a map. Contact us for more information.
Note: You cannot use the model freehold schedule if you are using an open allocation process.
Freehold policy
The freehold policy is a document that will help you implement the freehold schedule. You must use the approved Form 1 -Freehold policy template and include:
- any additional eligibility criteria
- the allocation process and allocation method
- the sale price and costs
- how the community will be consulted about the allocation process
- how the trustee will deal with interests in the land before it is allocated.
In this guide:
- Freehold instrument
- Consultation and approval of freehold instrument
- Freehold allocation process – interest holders
- Freehold allocation – open process
- Templates, forms and other resources