Selling property in Queensland now involves an important additional step before the contract is signed.

On 1 August 2025, the seller disclosure scheme under the Property Law Act 2023 (Qld) commenced. The scheme applies broadly to residential property, commercial property and vacant land, subject to statutory exceptions.

For most transactions, the seller must provide the buyer with a completed Form 2 Seller Disclosure Statement, together with the prescribed certificates that apply to the property, before the buyer signs the contract.

The requirements are significant because non-compliance can, in certain circumstances, give the buyer a right to terminate the contract before settlement.

What Is the Queensland Seller Disclosure Scheme?

The seller disclosure scheme creates a standardised process for giving prospective buyers specified information about a property before they become contractually bound.

Section 99 of the Property Law Act 2023 requires the seller, before the buyer signs the contract, to give the buyer:

• a disclosure statement in the approved form; and
• each applicable prescribed certificate.

The disclosure statement must contain the prescribed information, be completed with information that is true when it is given to the buyer and be signed by the seller.

The approved disclosure statement is known as the Form 2 Seller Disclosure Statement.

When Did the New Requirements Start?

The scheme commenced on 1 August 2025, when the relevant provisions of the Property Law Act 2023 and Property Law Regulation 2024 commenced.

This means Queensland sellers now need to think about disclosure before a buyer is ready to sign, rather than treating disclosure as something to deal with later in the conveyancing process.

For sellers, early preparation is important because some of the required documents need to be obtained from government, Titles Queensland or a body corporate.

What Properties Does the Seller Disclosure Scheme Apply To?

The scheme applies broadly to the sale of Queensland land, including:

• houses;
• apartments and units;
• townhouses;
• vacant land; and
• commercial property.

There are statutory exceptions, so the requirements should always be considered in the context of the particular transaction.

What Is Form 2?

The Seller Disclosure Statement – Form 2 is the approved form used for the statutory disclosure scheme.

It records prescribed information about the seller and property and is accompanied by applicable prescribed certificates.

Importantly, the Form 2 itself is only one part of the disclosure package.

A seller may also need to obtain and provide several supporting documents.

What Information Is Included in Form 2?

The prescribed information is extensive and varies according to the property.

It includes matters such as:

• the seller's name;
• property address;
• lot and plan description;
• whether the property forms part of a community titles or BUGTA scheme;
• unregistered encumbrances;
• zoning;
• certain contamination and environmental matters;
• certain tree applications or orders;
• particular transport infrastructure notices;
• heritage information;
• particular resumptions;
• relevant pool information;
• rates and water information; and
• certain information about residential tenancies or rooming accommodation agreements.

The applicable requirements are prescribed by the Property Law Regulation 2024.

The information required will therefore depend on the characteristics of the particular property.

What Are Prescribed Certificates?

The legislation requires applicable prescribed certificates to be provided with the Form 2.

For most properties, these include:

• a current title search; and
• a copy of the registered survey plan.

Depending on the property, additional documents can be required concerning matters such as:

• owner-builder work;
• building or planning notices;
• environmental matters;
• tree applications or orders;
• swimming pools; and
• body corporate schemes.

This is one reason sellers should not leave preparation of the disclosure package until a buyer is waiting to sign.

What About Units and Townhouses?

Additional requirements apply when selling a lot in a community titles scheme.

The seller will generally need to provide the relevant community management statement and a body corporate certificate as part of the disclosure process.

Depending on the scheme, the body corporate certificate may be a BCCM Form 33 or, for certain specified two-lot schemes, a BCCM Form 34.

The body corporate certificate can contain useful information about matters such as:

• levies;
• insurance;
• body corporate management;
• assets and liabilities;
• improvements;
• common property;
• exclusive-use areas; and
• other scheme information.

For sellers of apartments and townhouses, obtaining the necessary body corporate documents early can help prevent delays once a buyer is ready to sign.

We'll cover the buyer's side of this in our separate article Buying a Unit or Apartment in Queensland: Body Corporate and Disclosure Issues.

When Must the Disclosure Documents Be Given?

The timing requirement is critical.

The seller must give the disclosure documents to the buyer before the buyer signs the contract.

It is not enough to provide them after both parties have already entered into the contract.

This changes the practical sequence of many Queensland property transactions.

Sellers and agents should ensure the disclosure package is ready before inviting a buyer to execute the contract.

Can the Documents Be Sent Electronically?

Yes.

Queensland Government guidance confirms that the disclosure statement and prescribed certificates can be given:

• personally;
• by post; or
• by email or another form of electronic communication.

The seller should retain evidence that the disclosure documents were actually provided to the buyer. This might include an email record, read receipt or signed acknowledgement.

Keeping evidence of delivery can become important if there is later a dispute about whether disclosure occurred before the contract was signed.

What Happens at an Auction?

Seller disclosure obligations also need to be addressed for auction sales.

Different procedural rules apply, but the disclosure statement and prescribed certificates must still be given or made available to the buyer in accordance with the statutory requirements before the fall of the hammer.

Sellers planning an auction should therefore arrange the disclosure documents well before auction day.

Does Form 2 Tell a Buyer Everything About the Property?

No.

This is particularly important for buyers to understand.

The statutory seller disclosure scheme is not a complete due diligence report on the property.

Queensland Government guidance expressly identifies information that sellers are not required to include in the disclosure statement, including matters such as:

• structural soundness;
• flooding history; and
• previous building or development approvals.

The Form 2 itself also alerts buyers that the disclosure regime does not provide comprehensive information about every possible issue affecting a property.

A buyer should therefore not assume:

“It isn't mentioned in the Form 2, so there can't be a problem.”

Seller disclosure and buyer due diligence serve different purposes.

Buyers Should Still Conduct Their Own Searches

Depending on the property, a buyer may still need to investigate matters such as:

• flooding and overland flow;
• building approvals;
• planning restrictions;
• proposed development;
• structural condition;
• building and pest issues;
• services;
• easements and covenants;
• body corporate records;
• special levies;
• council information; and
• the suitability of the property for the buyer's intended use.

The appropriate investigations will vary considerably between a detached house, an apartment, vacant land and commercial property.

Our article Buying Property in Queensland: What to Know Before You Sign a Contract explains the broader due diligence and conveyancing issues buyers should consider.

Does the Seller Have to Guarantee the Information Is Correct?

The Act requires the disclosure statement to contain information that is true at the time the statement is given to the buyer.

Sellers should therefore carefully review the Form 2 and supporting documents before signing the disclosure statement.

They should not assume that because an agent, solicitor or another person assisted in preparing the documents, they do not need to check the information.

If something appears incorrect or incomplete, raise it before the documents are provided to the buyer.

What If Something Changes After the Form 2 Is Given?

The statutory requirement focuses on the information being true when the disclosure statement is given.

However, if circumstances change after disclosure but before the contract is signed, the issue should be raised with the seller's solicitor promptly.

Depending on what has changed, the disclosure package or contractual documentation may need to be reconsidered.

There may also be separate obligations arising under other legislation or the contract.

What Happens If the Seller Does Not Give a Form 2?

Non-compliance can have significant consequences.

Queensland Government guidance states that a buyer may have a right to terminate the contract at any time before settlement where the seller fails to provide the required disclosure documents.

This is why the disclosure process should be treated as an important part of the sale rather than simply another administrative document.

What If the Disclosure Is Inaccurate or Incomplete?

An error does not necessarily mean every contract can automatically be terminated.

Where disclosure is inaccurate or incomplete, Queensland Government guidance explains that the buyer's statutory termination right depends on requirements including that:

• the matter is material;
• the buyer was unaware of the true position when signing; and
• the buyer would not have signed the contract had they known the true position.

Different consequences can also apply where the same issue constitutes non-compliance with another Act.

Whether a buyer actually has a right to terminate therefore requires consideration of the legislation and the particular facts.

A buyer concerned about incorrect disclosure should obtain legal advice before purporting to terminate the contract.

Can the Parties Simply Agree That Seller Disclosure Does Not Apply?

Generally, no.

Section 98 of the Property Law Act provides that the seller disclosure division applies despite an agreement to the contrary. In other words, parties cannot simply insert a contractual clause that generally contracts out of the statutory scheme.

However, the legislation contains specific exceptions to the disclosure requirements.

Are There Exceptions to Seller Disclosure?

Yes.

The legislation provides exceptions for particular transactions.

Queensland Government identifies examples including certain transactions where:

• the buyer is the State or another specified government entity;
• the buyer and seller are related parties;
• the sale price exceeds $10 million and the buyer validly waives disclosure; or
• a local government is selling land in connection with recovering unpaid rates.

These are examples rather than the complete list of statutory exceptions.

Sellers should obtain advice before assuming an exception applies.

What About Property Sold for More Than $10 Million?

There is an important exception for certain higher-value transactions.

Queensland Government guidance confirms that where the sale price is more than $10 million, the statutory conditions can permit the buyer to waive seller disclosure.

This does not mean every sale above $10 million automatically falls outside the regime.

The relevant statutory requirements for the exception and waiver must be satisfied.

Does the Scheme Apply to Commercial Property?

Yes.

The scheme is not limited to residential conveyancing.

Queensland Government expressly identifies commercial property as one of the property categories covered by the seller disclosure scheme.

That makes the new regime relevant to sellers and buyers of:

• commercial premises;
• offices;
• shops;
• warehouses;
• development land; and
• other forms of Queensland land.

Different due diligence considerations may of course arise for commercial transactions.

Does Seller Disclosure Replace the Contract?

No.

The Form 2 and prescribed certificates form part of the pre-contract disclosure process, but the contract remains the document governing the sale transaction.

Sellers and buyers still need to carefully consider matters including:

• purchase price;
• deposit;
• settlement;
• finance;
• building and pest conditions;
• inclusions and exclusions;
• special conditions;
• tenancies;
• vacant possession; and
• other transaction-specific terms.

Seller disclosure is one part of the conveyancing process.

Preparing to Sell: A Practical Checklist

For sellers, the safest approach is to start preparing before a buyer is waiting to sign.

Before listing or accepting an offer, consider:

1. Speak with your solicitor early.
2. Confirm the correct registered owner and title details.
3. Obtain a current title search and survey plan.
4. Identify any registered and unregistered encumbrances.
5. Consider whether additional statutory notices or certificates apply.
6. If there is a pool, check the relevant pool documentation.
7. For a unit or townhouse, obtain the necessary body corporate documents.
8. Provide accurate rates and water information.
9. Check relevant tenancy information.
10. Review the Form 2 carefully before signing it.
11. Provide the complete disclosure package before the buyer signs.
12. Keep evidence showing when and how the documents were provided.

Preparing these documents early can help prevent the disclosure process from delaying a sale.

What Should Buyers Do When They Receive Form 2?

Buyers should read the disclosure package carefully rather than treating it as paperwork that simply needs to be acknowledged.

Consider:

• Does the title reveal easements, covenants or other interests?
• Are there unregistered encumbrances?
• Is the property part of a body corporate?
• Are there government notices?
• Is there relevant environmental information?
• Is there a pool?
• Is the property tenanted?
• Do the rates and water details appear consistent with expectations?
• Are there issues requiring further investigation?

Most importantly, consider what is not disclosed and whether further searches or enquiries are required.

Seller Disclosure and Gold Coast Property Transactions

The Gold Coast includes a diverse range of property, from detached homes and waterfront properties to high-rise apartments, commercial premises and development sites.

The investigations relevant to each can be very different.

For example, a buyer of an apartment may need to closely consider body corporate records and proposed major expenditure, while a buyer of a waterfront home may have different concerns about planning, structures, flooding, waterways or improvements.

The Form 2 provides an important starting point, but it does not replace transaction-specific legal advice and due diligence.