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6 August 2025

New seller disclosure requirements under Queensland's Property Law Act 2023: what sellers need to know

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PCL Lawyers

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Qld property sellers must now provide a mandatory disclosure statement and certificates before contract signing.
Australia Real Estate and Construction

Anyone buying or selling property in Queensland will notice significant changes from 1 August 2025. The new Property Law Act 2023 introduces substantial reforms aimed at greater transparency and fairness, particularly through the new mandatory Seller Disclosure Scheme amongst other significant changes.

Here's everything property sellers in Queensland need to know.

What is the Seller Disclosure Statement (Form 2)?

From 1 August 2025, anyone selling freehold land-residential, commercial, industrial, rural, vacant, or strata-titled-must provide certain disclosures before buyers sign a contract.

This is a major shift away from Queensland's traditional "buyer beware" model. Buyers will now have clearer information upfront, empowering them to make informed decisions. The disclosure is similar to the Section 32 Vendor's Statement that has been in effect in Victoria for many years.

Have a look at the new Seller Disclosure form here: Preview - Queensland's Seller Disclosure Statement - Form 2

Mandatory Form 2 Seller's Disclosure Statement

At the heart of these reforms is the Form 2 Seller Disclosure Statement, an Queensland Government document that sellers must complete, sign, attach relevant documents and provide to buyers before contract signing.

Form 2 covers the following key areas:

  • Seller and Property Details: Seller identity, property description, strata/community details.
  • Title and Encumbrances: Includes current title search, registered/unregistered encumbrances, tenancies.
  • Planning and Environmental Information: Zoning, transport plans, heritage listing, contamination notices.
  • Building and Structural Issues: Pool safety certificates, owner-builder works, building/planning notices.
  • Rates and Charges: Current rates notices, water service charges.
  • Community/Strata Scheme Information: Body Corporate certificates and community management statements.

Prescribed Certificates Required

Alongside Form 2, sellers must deliver specific certificates, such as:

  • Title searches and plans(showing current details)
  • Pool safety certificates
  • Body Corporate certificates
  • Planning, environmental, or building notices

These certificates ensure buyers have complete and reliable information on critical property matters.

What's Not Covered?

Also of note, sellers aren't required to provide details on structural integrity, flood history, pest inspections, asbestos presence, or service connections like electricity or internet. Buyers must independently assess these issues as part of their due diligence.

Consequences of Non-Compliance

Failure to provide accurate, timely disclosures carries significant risk. Buyers can terminate contracts prior to settlement if:

  • Form 2 or certificates are not provided prior to signing of the contract.
  • Disclosures are inaccurate or materially incomplete.

In these cases, sellers must refund all deposits and pay interest-potentially incurring considerable financial and legal complications.

Preparing for Compliance

To ensure you comply and you provide the correct information and have a smooth sales process:

  • Engage your property lawyer early to allow for time to compile necessary disclosures.
  • Obtain certificates promptly from official sources.
  • Carefully review and complete Form 2 -accuracy is crucial.
  • Provide disclosures before the buyer signs any contracts.

How We Can Help

Our experienced property lawyers and conveyancers have helped thousands of clients with their conveyancing. We can easily help you navigate these new disclosure obligations confidently and efficiently, ensuring full compliance and minimal risk.

Contact us today for clear, practical advice on conveyancing and navigating the Queensland Property Law Act 2023.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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