Information including below is included as part of the Sales Excellence manual - Part of the PME system (Membership services)

Link Seller disclosure scheme | Your rights, crime and the law | Queensland Government  and Guide to completing a body corporate certificate (BCCM form 33) - Body corporate certificates - BCCM - Publications | Queensland Government

Sourced article -  One week in: what we've learned under Queensland's new seller disclosure regime - Conveyancing - Australia

Seller disclosure scheme – information from the Queensland Government.

From 1 August 2025, important changes to property transactions will start in Queensland under the new Property Law Act 2023 (the Act).

The new Act introduces a mandatory seller disclosure scheme (the scheme).

This page includes an overview of what you need to know and do under the scheme if you’re planning to sell:

• residential properties (houses, townhouses, or units)
• commercial properties
• vacant land.

You should seek independent legal advice about the specific obligations that apply to you when selling your property.

On this page

• About the scheme
• Steps to comply with the scheme
• Failing to comply
• Exceptions

About the scheme - Direct link to guide mentioned below Guide to the Seller Disclosure Scheme

The scheme requires that sellers give buyers key information about a property before a contract of sale is signed. The buyer may be able to terminate the contract if the seller does not comply with the scheme.

Our Guide to the seller disclosure scheme outlines key information to help sellers, buyers and their agents understand their rights and obligations.

Steps to comply with the scheme

Preparing early will help you comply and ensure a smooth transaction.

1. Engage a solicitor early if necessary.
2. Learn what to include in the disclosure statement.
3. Collect up-to-date title and property documents.
4. Complete the seller disclosure statement (form 2).
5. Obtain all required certificates.
6. Ensure disclosure is given properly and recorded.

What you must include in the disclosure statement

The following is an incomplete summary of what to include in the disclosure statement. Find more details in sections 4.1–4.6 of the guide.

Part 1: Seller and property details

• Seller’s name, property address, and lot/plan details

Part 2: Title details, encumbrances and residential tenancy or rooming accommodation agreement

• Title searches
• Encumbrances, unregistered encumbrances (e.g. informal leases or easements) and statutory encumbrances
• Residential tenancy or rooming accommodation agreements (if required)

Part 3: Land use, planning and environment

• Zoning of the lot
• Proposed transport infrastructure notices you have been given
• Any notice of intention to resume the property or part of the property
• If land is listed on the contaminated land or environmental management registers
• Tree applications or orders under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
• Whether the lot is affected by heritage listing

Part 4: Buildings and structures

• Whether there is a pool on the lot
• If the lot is included in either a community titles scheme under the Body Corporate and Community Management Act 1997 (BCCM Act) or a scheme under the Building Units and Group Titles Act 1980 (BUGTA), whether there is a pool on the common property
• Notices required under the following Acts (see section 5 of the guide)
  • Queensland Building and Construction Commission Act 1991
  • Building Act 1975
  • Planning Act 2016

What you don’t need to include

There are some details you are not required to include in the disclosure statement, such as:

• structural soundness of the building
• flooding history
• previous building or development approvals.

For the full list, see section 3.3 of the guide.

Prescribed certificates

The prescribed certificates you must give to the buyer may include:

• Title search and survey plan
• Notices required under the following Acts
  • Environmental Protection Act 1994
  • Queensland Building and Construction Commission Act 1991
  • Building Act 1995
  • Planning Act 2016
• A tree application or order  under the Neighbourhood Disputes Act
• Pool safety certificate (if applicable)
• For lots in a community titles scheme, a community management statement and a body corporate certificate
• For lots in a BUGTA scheme, a body corporate certificate.

See section 5 of the guide for more details about prescribed certificates.

Giving disclosure documents to buyers

You (or your agents, if authorised) must give the completed disclosure statement and prescribed certificates to the buyer before the buyer signs the contract. You can do this:

• in person
• by post
• by email or other electronic communication.

You must prove that you gave the buyer the disclosure statement. You should keep proof of delivery (e.g. read receipt, signed acknowledgement).

See section 3.5 of the guide for more details about how you can give the disclosure statement.

Sales by auction

Different rules apply for sales by auction, but you must still give or make available the disclosure statement and prescribed certificates to the buyer before the fall of the hammer.

See section 3.6 of the guide to learn more about giving the disclosure statement for a sale by auction.

Failing to comply

Even if it was unintentional, the buyer may have a right to terminate the contract at any time up to settlement if you:

• don’t give the disclosure documents at all
• provide inaccurate or incomplete information.

In cases of inaccurate or incomplete disclosure, the buyer must show:

• the issue was material (see section 6.1 of the guide)
• they were unaware of it at the time of signing
• they would not have signed the contract had they known the truth.

If the failure or inaccuracy is also a failure to comply with another Act, the consequence in the other Act will apply instead.

See section 6 of the guide for more details about the buyer’s termination rights.

Exceptions

In some cases, you will be exempt from complying with the scheme. Some example exceptions are where the:

• buyer is the State, a government body, constructing authority, or a listed corporation
• buyer and seller are related parties
• sale price is over $10 million, and the buyer waives disclosure
• seller is a local council recovering unpaid rates.

See section 2 of the guide for the full list of exceptions. 

Direct link Seller disclosure scheme | Your rights, crime and the law | Queensland Government

Review the Seller Disclosure form effective 1 August 2025 here. 

Section 206 disclosure statements to be phased out, replaced. Read more here. New Body Corporate certicates here.

New seller disclosure regime on the way for Queensland

Seller take note! If you’re looking to sell your property in Queensland, the property sale process is about to change. Coming into effect on 1 August 2025, the seller disclosure regime aims to provide comprehensive pre-contractual disclosure to buyers purchasing a property, so that they get as much transparency about the property as possible before signing a contract.

For sellers, this means that a disclosure statement and supporting documents need to be provided to buyers before a contract of sale is signed. Essentially, the new regime, as part of the Property Law Act 2023 (Qld), brings Queensland more in line with how property transactions are completed in New South Wales and Victoria.

What is changing with seller disclosure in Queensland?

Sellers in Queensland will need to become more proactive in the sales process. Before the property can be sold, the seller must complete the prescribed disclosure statement.

The disclosure statement provides a summary of the property title details, any residential tenancy details, some land use disclosures, details of building notices, and details of the most recent rates and water costs.

A number of documents must be provided to potential buyers along with the disclosure statement. The documents are set out in section 5 of the Property Law Regulation 2024 (Qld) and include:

• title search;
• registered plan;
• owner builder notice;
• show cause or enforcement notices;
• notices from an authority requiring work to be done to the property;
• environmental or contamination notices;
• tree dispute notices;
• transport infrastructure proposal notices;
• resumption notices; and
• pool compliance certificate.

If the property is in a body corporate, then a copy of the current Community Management Statement (CMS) and a body corporate information certificate is also required to be disclosed.

Sellers should be proactive in providing copies of any notices to their lawyer or sales agent to ensure that the disclosure statement is properly completed and accurate before the contract is signed by the buyer.

What is not covered by the new seller disclosure regime?

There are some things sellers do not have to disclose, such as

• general defects with the property including structural or other building issues, pest infestations, and asbestos;
• planning information;
• services connected to the property; and
• flooding or details of historical natural disasters.

Buyers should still conduct their own searches and investigations of the property to ensure that it is suitable for their proposed future use.

Consequences for non-compliance

There are serious consequences for sellers if they fail to provide a disclosure statement or provide an inaccurate disclosure statement.

Buyers may terminate the contract at any time before settlement if a seller fails to give the buyer:

• a disclosure statement before the buyer signs the contract; and/or
• a supporting document before the buyer signs the contract.

It is important to note that the termination right will not be available to buyers if they have another remedy available to them under law. For example, buyers have a right to rescind a contract if the property is on the contaminated land register and a seller fails to give a notice under section 408 of the Environmental Protection Act 1994 (Qld), and this right would take precedence over the termination right in the Property Law Act 2023 (Qld).

Buyers also have a termination right if a seller gives them an inaccurate or incomplete disclosure in relation to a material matter, and where:

• the buyer was not aware of the correct state of affairs of the matter at the time of signing the contract; and
• the buyer would not have signed the contract, if the buyer had been made aware of the correct state of affairs of the matter.

The term ‘material matter’ is not currently defined in the Property Law Act 2023 (Qld) or prescribed by legislation. It is not clear whether it will be a subjective or objective test. Once the disclosure regime starts, there will likely be court decisions that will provide some guidance and commentary on how this term can be interpreted.

Macpherson Kelley - Amy Clarke and Melanie Gebbels

Sourced from Property to sell? New seller disclosure regime on the way for Queensland - Lexology - practical know-how

Mark your calendars for 1 August 2025. 

Some of the most significant changes to practice will be in the area of seller disclosure. We’ve detailed some key points you need to know about the new seller disclosure regime below. Additionally, the changes introduced by the new PLA will affect those working in all areas of property law practice, including leases, deeds, and easements.

It is essential to stay informed and prepared for these upcoming changes to ensure compliance and mitigate any potential risks. We will publish a more detailed summary of the changes in early 2025 (updating our previous blogs on this subject).

To learn more about the changes including the new disclosure requirements and how they will affect your business, please contact Leone Costigan, Julie Jankowski or Danica Corbett or your usual Herbert Smith Freehills real estate contact.

The new Seller Disclosure Regime in six key points 1. New Disclosure Regime Previously, sellers in Queensland had to disclose information to potential buyers under a mix of common law, statutory and contractual obligations. The new PLA simplifies this by extending disclosure obligations to all categories of freehold land (except for proposed lots) and consolidating some existing disclosure requirements. 2. Why have the new rules Under the new PLA, sellers must provide information they know or can easily find at a reasonable cost. The purpose for this disclosure is to provide valuable information to a buyer to assist in making their decision to purchase the property. 3. Who must comply All sellers must comply unless there is an exception from disclosure in the new PLA. The exceptions require a buyer to waive the disclosure requirements in some cases, but in other cases there is an automatic exemption if all eligibility requirements are met. 4. What must be disclosed The new PLA is very specific about the form and content of disclosure. It requires a disclosure statement in the approved form and documents prescribed by regulation (prescribed certificates) and must be given to the buyer before the contract is signed. There are ‘double disclosure’ requirements for option deeds where there is a nominee provision. Disclosure must be made before entry into the option deed. If a nomination occurs, the seller must again provide the required disclosure documents before the nominee contract is entered into. The option deed must expressly cater for this process to ensure that a binding contract is entered into between the nominee and seller. Disclosure requirements that may exist under other legislation will continue to apply and there are specific rules for sales by auction. 5. Consequences of non-disclosure If the seller fails to provide any prescribed disclosure document before the buyer or nominee signs the contract, the buyer has the right to terminate the contract at any point until settlement. The buyer does not need to suffer any negative impact to use its termination rights – the mere fact disclosure was omitted is sufficient. Buyers may also have a termination right where information in the disclosure documents is inaccurate or incomplete and relates to a material matter affecting the property and the buyer was not aware of this information when it signed the contract. 6. Impact Whether the new regime is a positive change remains to be seen. For a seller, these new disclosure requirements will add to the complexity and cost of transactions. There are also harsh consequences for sellers if a disclosure statement is not given or is inaccurate in any material matter. Buyers should keep in mind that the disclosure documents do not necessarily contain all information they should consider when purchasing property – further due diligence may be required. However, for all parties the consolidation of seller disclosure requirements for nearly all land types should make the sale process more transparent. Sourced from Property Law Act 2023 to commence on 1 August 2025 - Lexology - practical know-how