From August 1, 2025, a new Seller Disclosure Regime will apply to all residential property sales in Queensland.
Under this new requirement, sellers must provide buyers with the following before a contract of sale is signed:
- A completed Disclosure Statement (in the approved Queensland Government form); and
- All prescribed certificates relevant to the property.
The Form 2 Seller Disclosure Statement is divided into several parts, including items for each of the prescribed disclosure information. Some examples of the information include:
- Part 1 – Seller and Property Details
- Seller’s name
- Property address
- Lot and plan description
- Whether the property is part of a community titles scheme or BUGTA scheme
- Part 2 – Title Details and Encumbrances
- Title search and survey plan
- Registered and unregistered encumbrances (e.g. easements, leases, oral agreements)
- Statutory encumbrances (e.g. infrastructure access rights)
- Tenancy history and rent increases
- Part 3 – Land Use, Planning and Environment
- Zoning under the local planning scheme
- Notices of transport infrastructure proposals or resumptions
- Environmental contamination notices
- Tree orders and heritage listings
- Part 4 – Buildings and Structures
- Pool safety compliance
- Owner-builder work and required notices
- Show cause or enforcement notices from local authorities
- Part 5 – Rates and Services
- Most recent rates and water service charges
- Whether the property is exempt from rates or has no separate water notice
- Part 6 – Community Titles or BUGTA Schemes – Extra documents may need to be provided
- Community management statement
- Body corporate certificate or explanatory statement
The buyer may be entitled to terminate a contract of sale any time before settlement if the disclosure documents are not provided correctly, or there is a mistake or omission that relates to a material matter, which the buyer was not aware of and had they been aware, they would not have entered into the contract.
Sellers will need to ensure this documentation is collated and provided upfront to comply with the new legislation.
Your solicitor/conveyancer can also prepare the document at their cost, or you can prepare it yourself with the Form 2. It’s important to note that if there are any mistakes that will materially impact the purchaser, it will give them termination rights.
We recommend you engage a solicitor/conveyancer to complete this on your behalf – we are happy to give recommendations.
We understand this is a significant change in the property sale process. We’re here to support you every step of the way. As your trusted agent, we’ll guide you through the new disclosure requirements to ensure a smooth, timely, and stress-free sale of your property.
