Queensland’s New Property Seller Disclosure Requirements What Sellers Need to Know Before August 2025.

17 Jul 2025| Posted by: Dave Tidbold

Major reform from 1 August 2025!
In a major reform commencing from 1 August 2025, sellers will be required to provide prospective buyers with a prescribed disclosure statement and supporting certificates before the buyer signs a Contract of Sale. This disclosure applies to the sale of any registered freehold lot, including houses, apartments, and vacant land. This change has been introduced under the Property Law Act 2023 (Qld). Visit Queensland Government website and search Seller Disclosure Statement Form 2.

Why the changes?
The purpose of the new seller disclosure regime is to enhance transparency in property transactions, minimise disputes, and ensure that buyers are equipped with relevant information before committing to a purchase. For sellers, the regime introduces additional responsibilities but also provides a clearer framework to ensure they are complying with warranties already contained in the contract. 

What Must Sellers Provide?
Under the new law, before a contract is signed, a seller must provide the buyer with a Seller Disclosure Statement that is structured into six key parts, each dealing with specific areas:

Part 1: Property and Title Details
• Seller’s name, address, and lot description
• Title search and registered plan
• Unregistered encumbrances
• Statutory encumbrances (e.g., easements, sewer lines)

Part 2: Tenancy and Rooming Accommodation
• Existing leases or agreements
• Whether the property was rented in the past 12 months
• Date of last rent increase (with evidence if requested)

Part 3: Land Use, Planning and Environment
• Zoning and planning restrictions
• Infrastructure proposals or resumption notices
• Environmental Management Register or Contaminated Land Register entries
• Heritage listings or tree orders

Part 4: Buildings and Structures
• Pool and compliance certificate status
• Owner-builder works within the last 6 years
• Outstanding show cause or enforcement notices

Part 5: Rates and Services
Most recent rates and water charges

Part 6: Community Title and BUGTA Schemes (if applicable)
• Latest Community Management Statement (CMS)
• Separate body corporate disclosure certificate

What Is NOT Required to Be Disclosed?
The new regime also clearly identifies what does not need to be included:
• Flooding or natural hazard history
• Pest infestations
• Structural soundness of buildings
• Current or past building approvals
• Vegetation clearing restrictions or wildlife habitat protections
• Services not currently connected to the property
• If any asbestos is present in the building or improvements on the property. 

Consequences of Non-Compliance
If a seller fails to provide the required documents before the buyer signs the contract - or if the documents are materially inaccurate—the buyer may have the right to terminate the contract up to settlement. To exercise this right, the buyer must show that:
> The information was materially incomplete or misleading;
> They were unaware of the true position at signing;
> They would not have signed the contract had they known.
If a buyer lawfully terminates, they are entitled to a refund of their deposit.

Practical Tips for Sellers
• Prepare early: Gathering title searches, council notices, and pool certificates can take time.
• Use professionals: Sellers should consider engaging a solicitor.
• Double check accuracy: While sellers are not required to update the disclosure after issuing it, failing to disclose major changes may expose them to liability.
While the reforms add some complexity for sellers, they also create consistency and reduce the risk of costly legal disputes.

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