Queensland’s property transaction landscape is about to undergo a major reform. From 1 August 2025, sellers will be required to provide prospective buyers with a prescribed disclosure statement and supporting certificates before the buyer signs the contract. This change was introduced under the Property Law Act 2023 (Qld).
Why the Change?
The purpose of the new seller disclosure regime is to enhance transparency in property transactions, minimise disputes, and ensure that buyers are equipped with relevant information before committing to a purchase. For sellers, the regime introduces additional responsibilities, but also provides a clearer framework to ensure they are complying with warranties already contained in the contract.
What Must Sellers Provide?
Under the new law, before a contract is signed, a seller must provide the buyer with:
- A completed and signed Seller Disclosure Statement (Form 2)
- Prescribed Certificates, including:
- A title search and registered plan
- Notices from government entities (e.g., infrastructure proposals, resumption notices)
- Pool safety certificates (if applicable)
- Community title documents (for strata-titled properties)
- Rates and water charge summaries
This disclosure applies to the sale of any registered freehold lot, including houses, apartments, and vacant land.
Structure of the Disclosure Statement
The seller disclosure statement is structured into six key parts, each dealing with specific areas:
Part 1: Property and Title Details
- Seller’s name, address, and lot description
- Title search and registered plan
- Unregistered encumbrances, such as oral leases
- Statutory encumbrances (e.g., easements, sewer lines)
Part 2: Tenancy and Rooming Accommodation
- Existing leases or agreements
- Whether the property was rented in the past 12 months
- Date of last rent increase (with evidence if requested)
Part 3: Land Use, Planning and Environment
- Zoning and planning restrictions
- Infrastructure proposals or resumption notices
- Environmental Management Register or Contaminated Land Register entries
- Heritage listings or tree orders
Part 4: Buildings and Structures
- Pool and compliance certificate status
- Owner-builder works within the last 6 years
- Outstanding show cause or enforcement notices
Part 5: Rates and Services
- Most recent rates and water charges
Part 6: Community Title and BUGTA Schemes (if applicable)
- Latest Community Management Statement (CMS)
- Separate body corporate disclosure certificate
What Is NOT Required to Be Disclosed?
The new regime also clearly identifies what does not need to be included:
- Flooding or natural hazard history
- Pest infestations
- Structural soundness of buildings
- Current or past building approvals
- Vegetation clearing restrictions or wildlife habitat protections
- Services not currently connected to the property
- If any asbestos is present in the building or improvements on the property.
This reinforces the need for buyers to conduct independent due diligence, even with the improved disclosure standards.
Exemptions from the Disclosure Requirements
Certain transactions are excluded from the disclosure regime, including:
- Sales between related parties (with written waiver)
- Sales to government bodies or statutory authorities
- Property sales over $10 million (if disclosure is waived)
- Transfers between co-owners
- Court-ordered sales
Consequences of Non-Compliance
If a seller fails to provide the required documents before the buyer signs the contract—or if the documents are materially inaccurate—the buyer may have the right to terminate the contract up to settlement. To exercise this right, the buyer must show that:
- The information was materially incomplete or misleading;
- They were unaware of the true position at signing;
- They would not have signed the contract had they known.
If a buyer lawfully terminates, they are entitled to a refund of their deposit, but the seller does not need to reimburse other amounts.
Practical Tips for Sellers
- Prepare early: Gathering title searches, council notices, and pool certificates can take time.
- Use professionals: Real estate agents can prepare the disclosure package, but sellers should still seek legal advice.
- Double-check accuracy: While sellers are not required to update the disclosure after issuing it, failing to disclose major changes may expose them to liability.
Queensland’s new seller disclosure laws are a big step toward creating a more transparent and fair property market. While the reforms add some complexity for sellers, they also create consistency and reduce the risk of costly legal disputes.
Need Help Navigating the New Disclosure Rules?
If you’re planning to sell property in Queensland after 1 August 2025, early preparation is key. At NB Property Law, we help sellers stay compliant, protect their interests, and streamline the selling process.
📞 Contact NB Property Law today to ensure you’re ready for the new requirements.
Let our legal experts handle the fine print—so you can focus on the sale.
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