New seller disclosure regime in Queensland

From 1 August 2025, the way property is sold in Queensland will change with the introduction of a new statutory seller disclosure regime under the Property Law Act 2023 (Qld).

The new regime has been designed to improve transparency and consistency in property transactions, ensuring that buyers receive key information about a property before they sign a contract. Whether you’re buying or selling residential property, it’s essential to understand what this new regime means for you.

What Is the Seller Disclosure Regime?

The ‘seller disclosure regime’ is new name given to the legal framework introduced in Division 4, Part 7 of the Property Law Act 2023, that will commence on 1 August 2025.

Under these new laws, a seller must provide a buyer with the following before the buyer signs a contract:

• a completed and signed Form 2 Seller Disclosure Statement; and
• all prescribed certificates relevant to the property.

These documents must be accurate and up to date at the time they are given to the buyer.   The disclosure statement must be signed by the seller and can be signed electronically.  While it is not mandatory for the buyer to sign the statement, it is best practice for them to do so to confirm receipt.

The regime applies to all contracts entered into on or after 1 August 2025, regardless of when the property was listed for sale.  Some limited exceptions may apply.

What must be disclosed?

The information that is required to be disclosed is set out in the Property Law Regulation 2024.

The Form 2 Seller Disclosure Statement is divided into several parts including items for each of the prescribed disclosure information.  Some examples of the information include:

Part 1 – Seller and Property Details

• Seller’s name
• Property address
• Lot and plan description
• Whether the property is part of a community titles scheme or BUGTA scheme

Part 2 – Title Details and Encumbrances

• Title search and survey plan
• Registered and unregistered encumbrances (e.g. easements, leases, oral agreements)
• Statutory encumbrances (e.g. infrastructure access rights)
• Tenancy history and rent increases

Part 3 – Land Use, Planning and Environment

• Zoning under the local planning scheme
• Notices of transport infrastructure proposals or resumptions
• Environmental contamination notices
• Tree orders and heritage listings

Part 4 – Buildings and Structures

• Pool safety compliance
• Owner-builder work and required notices
• Show cause or enforcement notices from local authorities

Part 5 – Rates and Services

• Most recent rates and water service charges
• Whether the property is exempt from rates or has no separate water notice

Part 6 – Community Titles or BUGTA Schemes

• Community management statement
• Body corporate certificate or explanatory statement

 Why Is This Important for Buyers?

The new regime gives buyers the opportunity to review important information about a property before committing to a contract. This helps buyers make informed decisions and reduces the risk of post-contract disputes.

Buyers should carefully review the Form 2 and all attachments. If anything is unclear or concerning, they should seek legal advice before signing the contract. The disclosure statement includes a warning that buyers may not be able to terminate the contract later if they discover issues that were disclosed but not understood.

Buyers should also be aware that the disclosure statement does not cover everything. For example, it does not include information about:

• Flooding or natural hazard history
• Structural soundness or pest infestation
• Building or development approvals
• Asbestos presence
• Utility connections

Buyers are encouraged to conduct their own due diligence, including building and pest inspections, flood searches, planning checks and searches on any other relevant matters.

Termination Rights

Failure to comply with the disclosure requirements can have serious consequences. If the seller does not provide the disclosure documents before the buyer signs the contract, or if the documents are inaccurate or incomplete in relation to a material matter, the buyer may have a statutory right to terminate the contract at any time before settlement.

Who Prepares the Disclosure Statement?

It is the seller’s choice as to who they want to engage to prepare the Form 2 on their behalf.

The Form 2 can be prepared by:

• the seller;
• the seller’s solicitor; and
• the seller’s real estate agent (if authorised).

If an agent is preparing the Form 2, they must have written instructions from the seller and follow a strict workflow. It is Property Co recommendation that Sellers contact their solicitor to complete the disclosure statement for them prior to listing.