New QLD Seller Disclosure Regime

What Is the Seller Disclosure Regime?

Starting 1 August 2025, property sales in Queensland will be subject to a new legal framework under the Property Law Act 2023 (Qld). Previously, the requirement for seller disclosure to be attached to the front of a sale contract was limited to strata-titled properties. This new statutory seller disclosure regime is designed to bring greater transparency and consistency to all sales property transactions.

The regime, outlined in Division 4, Part 7 of the Property Law Act 2023, requires sellers to provide buyers with:

• A completed and signed Form 2 Seller Disclosure Statement
• All prescribed certificates relevant to the property

These must be accurate and current at the time of delivery. While the buyer is not legally required to sign, it’s recommended this is sought as acknoewledgement of receiving the disclosure.

The new regime applies to all contracts signed on or after 1 August 2025, regardless of when the property was listed. Some exceptions may apply.

Whether you're buying or selling, it's important to understand how this change will affect you.

What Must Be Disclosed?

The details to be disclosed are listed in the Property Law Regulation 2024. Form 2 is divided into parts, each covering specific information:

Part 1 – Seller & Property Details

• Seller’s name
• Property address
• Lot and plan description
• Scheme involvement (e.g. community titles, BUGTA)

Part 2 – Title & Encumbrances

• Title search and survey plan
• Registered/unregistered encumbrances (easements, leases, etc.)
• Statutory encumbrances (e.g. infrastructure rights)
• Tenancy history and rent changes

Part 3 – Land Use, Planning & Environment

• Zoning
• Transport proposals or resumptions
• Environmental contamination
• Tree or heritage orders

Part 4 – Buildings & Structures

• Pool compliance
• Owner-builder declarations
• Local authority enforcement notices

Part 5 – Rates & Services

• Latest rates and water charges
• Any exemptions or lack of separate water notices

Part 6 – Community Titles / BUGTA

• Community management statement
• Body corporate certificates

Why This Matters for Buyers

This regime ensures buyers receive key information before signing a contract—allowing for informed decision-making and reducing post-sale disputes.

Buyers should:

• Thoroughly review Form 2 and all attachments
• Seek legal advice if anything is unclear
• Understand that disclosed issues cannot later be grounds for contract termination

Note: Form 2 does not cover everything. Excluded items include:

• Flood or natural hazard history
• Structural or pest issues
• Development approvals
• Asbestos presence
• Utility availability

Buyers should conduct independent due diligence, such as building/pest inspections and planning checks.

Buyer’s Right to Terminate

If the seller fails to provide the required documents before the buyer signs, or the information is materially inaccurate or incomplete, the buyer may terminate the contract at any time before settlement.

Who Can Prepare a Form 2?

Sellers can choose to prepare Form 2 themselves or engage:

• A solicitor
• A licensed real estate agent (with written instruction)

Agents must follow strict protocols and cannot give legal advice. Any fees charged by a Real Estate Agent must be disclosed in the PO Form 6 Appointment of Property Agent.

Given the legal nature of the requirement for correct disclosure, Crew Commercial recommends buyers arrange their solicitor to assist with the Form 2.

The Form 2 is available to view on the Queensland Government Publications Portal - Form 2

How can Crew Commercial Help?

Our expert agents, property managers, and administration staff have been actively working with various solicitors in preparation for the new legislation.  We are happy to refer clients to recommended solicitors to assist the client with the Form 2 obligations.

Ensuring correct disclosure is conducted will enable your sale or purchase to be an informed, legally binding arrangement. We look forward to assisting with your Brisbane, Gold Coast and Northern New South Wales commercial property needs.

DISCLAIMER: This article is provided for information purposes only and does not constitute legal advice and should not be used as such. Formal and independent legal advice should be sought in particular matters. REIQ & Crew Commercial cannot and does not warrant and nor does it represent in any way that the information contained herein is current and/or will remain current beyond the time and date of release. Source: edited from REIQ Article