Covenant (Form 31)

Under Part 6 Division 4A of the Land Title Act 1994 (Qld), a lot may be made subject to a covenant by registering an instrument of covenant, but only if the covenantee is the State, another entity representing the State, or a local government (s 97A(2)). The covenant must relate to the use of the lot or a building on it, aim directly at preserving a native animal or plant or a natural or physical feature of cultural or scientific significance, or ensure lots (or a lot and other land or a lease) are transferred together (s 97A(3)). It may be positive or negative and binds the covenantor's successors in title (s 97A(4)). It must not stop anyone registering or dealing with interests, secure money payable under a development approval or infrastructure agreement, be inconsistent with the planning scheme, or do what an easement could do (s 97A(5) and (6)). Section 97B sets the content requirements. Form 31 (version 3) is the approved form; the Land Act 1994 has equivalent rules for State land (s 373A).

When you need it

• A local government requires a covenant as a condition of a development approval, for example that any building on the lot may only be used for residential purposes.
• Land is to be protected for conservation, such as an obligation not to clear native vegetation or not to disturb an area of cultural significance.
• Two or more lots, or a lot and a road licence, must stay in the same ownership.
• Not for private restrictions between neighbours (the covenantee must be the State or a local government), and not for architectural, construction or landscaping standards, which s 97A(8) excludes.

1. 1

   Lodger panel and Item 1

   Complete the lodger's name, address, email and phone. In Item 1 insert the full name of each covenantor: the registered owner of the freehold or holder of the State land.

2. 2

   Item 2: the land

   Insert the lot on plan description and title reference for every lot affected. If only part is affected, describe it as, for example, 'Covenant A on SP 123567'. A survey plan or approved explanatory plan must be lodged first; sketches and building envelope diagrams are not accepted (LTPM [31-2150]).

3. 3

   Item 3: covenantee

   Insert the full name of the State, the State entity or the local government.

4. 4

   Item 4: the covenant

   Describe the covenant, state its purpose and cite the provision it relies on, for example 'Pursuant to s 97A(3)(a)(ii) of the Land Title Act any building on the lot may only be used for residential purposes'. A covenant can rely on only one of paragraphs (a), (b) or (c). If space is short, set the terms out in a Form 20 Schedule and refer to it.

5. 5

   Item 5: execution

   Both the covenantor and the covenantee must validly execute the form. An individual signs before a witness qualified under Schedule 1 of the Land Title Act. A local government executes as set out in LTPM [61-3200]. A covenant over State land also needs the chief executive's written approval.

• Lodge the Form 31 with Titles Queensland by post with payment (GPO Box 1401, Brisbane Qld 4001). Registered eLodgement users should check Titles Queensland's list of documents that can be eLodged. Form 31 is not among the instruments listed on Titles Queensland's eConveyancing available instruments page.
• Where the covenant affects part of a lot, the plan defining the covenant area must precede the covenant.
• No duty notation is required on a Form 31 (LTPM [31-4060]).
• A lodgement fee applies; check the Titles Queensland fee calculator.

• The Registrar may refuse a covenant that is inconsistent with s 97A, and a registered covenant has no effect to the extent it is inconsistent (s 97AA). Common failures are conditions that must be met before the land can be used and rules about conduct unrelated to use.
• A covenant is released by a Form 33 signed by the covenantee (s 97D) and amended by a Form 13, which cannot change the area or the parties (s 97C).
• Download the Word template if you need to type long covenant terms; the PDF has limited space.