What You Need to Know About the New Seller Disclosure System in Queensland Starting August 2025

Starting August 1, 2025, selling property in Queensland is getting a makeover with a new seller disclosure system thanks to the Property Law Act 2023 (Qld).

This change aims to make property deals clearer and more consistent, giving buyers the scoop on properties before signing anything. Whether you're buying or selling a home, you'll want to know how this new setup affects you.

What is the Seller Disclosure Regime?

The 'seller disclosure regime' is what they're calling the new rules in Division 4, Part 7 of the Property Law Act 2023, kicking off on August 1, 2025.

Under these rules, sellers need to hand over a couple of things before the buyer signs on the dotted line:

• A filled-out and signed Form 2 Seller Disclosure Statement.

• All required certificates related to the property.

These documents need to be spot-on and current when given to the buyer. The seller has to sign the disclosure statement, and it can be done electronically. While buyers don’t have to sign it, it’s a good idea to confirm they got it.

This regime applies to all contracts from August 1, 2025, no matter when the property was put on the market. There might be a few exceptions.

Required Disclosures

The details that need to be shared are outlined in the Property Law Regulation 2024.

The Form 2 Seller Disclosure Statement is split into parts, each covering different required info. Here are some examples:

Part 1 – Seller and Property Details

• Seller’s name

• Property address

• Lot and plan description

• If 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 (like easements, leases, oral agreements)

• Statutory encumbrances (like 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 This Matters for Buyers

The new setup lets buyers check out important property info before locking in a contract. This helps them make smart choices and cuts down the chances of contract disputes later.

Buyers should go through the Form 2 and all extras carefully. If anything’s unclear or worrying, they should get legal advice before signing. The disclosure statement warns that buyers might not be able to back out later if they find out about issues that were disclosed but not understood.

However, the disclosure statement doesn’t cover everything. For instance, it doesn’t include info on:

• Flooding or natural hazard history

• Structural soundness or pest infestation

• Building or development approvals

• Asbestos presence

• Utility connections

Buyers are encouraged to do their own research, including building and pest inspections, flood checks, planning reviews, and any other relevant searches.

Rights to Terminate

If the seller doesn’t meet the disclosure requirements, it can lead to serious issues. If they fail to provide the necessary documents before the buyer signs, or if the documents are inaccurate or incomplete on a key point, the buyer might be able to cancel the contract anytime before settlement.

See: Buyer termination rights: Sellers disclosure regime

Who is Responsible for Preparing the Disclosure Statement?

The seller decides who they want to handle preparing the Form 2 for them.

The Form 2 can be put together by:

• The seller

• The seller’s solicitor

• The seller’s real estate agent (if given the go-ahead)

If an agent is doing the Form 2, they need written instructions from the seller and must follow a strict process.

Agents can’t give legal advice or interpret search results. If sellers aren’t sure about what to disclose, they need to get legal advice.

Agents might charge a fee for preparing the Form 2, as long as this is mentioned in the PO Form 6 Appointment of Property Agent.

Where Can Real Estate Agents Gain More Knowledge?

The official Form 2 Seller Disclosure Statement is available on the Queensland Government Publications Portal.