GET READY QUEENSLAND – NEW SELLER DISCLOSURE SCHEME IS EFFECTIVE FROM AUGUST 2025

From 1 August 2025, Queensland’s new seller disclosure regime, under the Property Law Act 2023 (Qld), requires sellers to provide a disclosure statement and prescribed certificates to buyers before they sign a contract. This is a significant shift in the conveyancing process for property transactions in Queensland which has previously been based upon the ‘buyer beware’ premise and is moving towards the pro-disclosure approach adopted in NSW and VIC.

The aim is to enhance transparency and protect buyers by ensuring they have access to critical information about a property before making a purchase. Here’s what sellers need to know about this new regime and how it will impact their responsibilities.

KEY FEATURES OF THE NEW REGIME

1. MANDATORY DISCLOSURE DOCUMENTS

Sellers will be required to provide a comprehensive set of disclosure documents to potential buyers. These documents include:

seller and property information
title and plan
any encumbrances (registered and unregistered)
if the property is sold subject to a residential tenancy agreement
zoning information
details of any notices issued by a Commonwealth, State or local government entity about a transport infrastructure proposal (to locate transport infrastructure on the property or alter the dimensions of the property)
whether the property is recorded on the Environmental Management Register or Contaminated Land Register and if any notices have been served under the Environmental Protection Act 1994 (Qld)
if there is a tree order or application under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) affecting the property
if the property is affected by the Queensland Heritage Act 1992 (Qld) or is included in the World Heritage List under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
if there is a pool, a pool compliance certificate or notice of no pool safety certificate
if building works have been carried out under an owner builder permit in the last 6 years (a notice under section 47 of the Queensland Building and Construction Commission Act 1991 (Qld) must be given by the Seller)
if there is an unsatisfied show cause notice or enforcement notice under the Building Act 1975 (Qld) or the Planning Act 2016 (Qld); and
details of rates and water charges.

If the property is part of a community titles scheme or Building Units and Group Titles Act 1980 (BUGTA) scheme, a Seller must provide:

a copy of the most recent Community Management Statement; and
a copy of the Body Corporate Certificate.

A seller is also required to disclose any material facts that could significantly affect the property’s value or the buyer’s decision to purchase, such as planned developments nearby or historical issues with the property.

2. STANDARDISED DISCLOSURE FORM

The regime introduces a standardised disclosure form that sellers must complete. This form is designed to ensure consistency and completeness in the information provided to buyers, reducing the risk of disputes arising from incomplete or misleading disclosures. See the following link for a copy of the form: https://www.publications.qld.gov.au/ckan-publications-attachments-prod/resources/7a1be178-d2d5-4744-9147-9699c04ee8d8/seller-disclosure-statement-form-2.pdf?ETag=aca5f8db01e9c5369d0777a1e077a722

3. TIMING OF DISCLOSURE

Timing of Disclosure: Sellers must provide the disclosure documents to buyers before a contract is signed. This requirement ensures that buyers have all necessary information to make an informed decision, potentially reducing the likelihood of contract cancellations or renegotiations.

4. PENALTIES FOR NON-COMPLIANCE

Failure to comply with the new disclosure requirements can result in penalties for sellers. These may include fines or, in severe cases, the possibility of the contract being voided if the buyer can demonstrate that the lack of disclosure materially affected their decision to purchase.

5. TERMINATION RIGHTS UP UNTIL SETTLEMENT

If a seller fails to provide the completed and signed statement and prescribed certificates to the buyer when required, the buyer may terminate the contract any time up until settlement.

A buyer may also terminate a contract anytime up until settlement where they can establish that:

the statement and certificates, although provided, contained inaccurate or incomplete information when provided;
when the buyer signed the contract, they were not aware of the correct state of affairs; and
had the buyer known, they would not have signed the contract.

IMPLICATIONS FOR SELLERS

Increased preparation: Sellers will need to invest more time in preparing their properties for sale and instructing their agent and/or solicitor early. This includes gathering all necessary documents and ensuring that the information provided is accurate and up-to-date.
Increased costs: The conveyancing cost for a seller is likely to increase to cover both the outlays of obtaining the certificates and the cost of preparing and compiling the statement. Sellers should budget for these expenses as part of the selling process.
Timing delays – The execution of contracts is likely to be slowed down when sellers are waiting on certificates to be received, statements to be prepared and if updated disclosures need to be made prior to execution. It is also likely that buyer contract reviews will take longer to complete given the length of material to review.
Market impact: While the new regime may initially seem burdensome, it could lead to a more transparent and efficient property market in the long run. Buyers may feel more confident in their purchases, potentially leading to quicker sales and fewer post-sale issues.

IMPLICATIONS FOR BUYERS

It is important to note that the seller disclosure obligations do not extend to:

flooding or other natural hazard history – it is essential to check Council websites for mapping data and/or https://floodcheck.information.qld.gov.au/
structural soundness of the building or pest infestation – building and pest inspections will remain critical
current or historical use of the property and whether building works are in fact approved/certified (Council building approval searches will still be required)
current or past building or development approvals for the property
limits imposed by planning laws on the use of the land
services that are or may be connected to the property
the presence of asbestos within buildings or improvements on the property
information about vegetation clearing, koala habitats and other restrictions on development of the land; and
a complete review of the body corporate records.

Accordingly, buyers should still undertake their own due diligence and be satisfied of the above prior to signing (or include a special condition).

CONCLUSION

The introduction of the new seller disclosure regime in Queensland represents a significant change in the property market, aimed at increasing transparency and protecting buyers. Sellers must be proactive in understanding and complying with these new requirements to ensure a successful property transaction.