Queensland’s new statutory seller disclosure regime will take effect on 1 August 2025, marking one of the most significant overhauls of property law in decades.
Introduced under the Property Law Act 2023 (Qld), the new laws will, for the first time, require sellers (in most transactions) to provide a Form 2 Seller Disclosure Statement and all prescribed certificates before a buyer signs a contract.
The Real Estate Institute of Queensland (REIQ) is urging both sellers and agents to prepare, warning that contracts must not be entered into unless the disclosure statement has been provided.
“The Property Law Act 2023 represents the most substantial overhaul of property law in Queensland in decades,” said REIQ CEO Antonia Mercorella.
The seller’s disclosure regime modernises the way property is bought and sold and is an important legislative change that ensures buyers are presented with key information upfront, helping them make informed decisions and reducing the risk of deals falling over post-contract.
“The disclosure statement will help buyers identify potential issues early on or perhaps give them the level of comfort they need to progress through to contract execution.”
What is required
The new disclosure obligations apply to all residential property contracts entered into from 1 August 2025, regardless of when the property was listed. Sellers must provide:
- A completed and signed Form 2 Seller Disclosure Statement
- All relevant prescribed certificates
These documents must be accurate and up to date at the time they are given to the buyer. While it is not mandatory for the buyer to sign the statement, it is considered best practice to confirm receipt.
The required information is set out in the Property Law Regulation 2024, and includes:
- Part 1 – Seller and Property Details: Name, address, lot/plan description, and scheme status
- Part 2 – Title Details and Encumbrances: Title search, encumbrances, leases, tenancies
- Part 3 – Land Use, Planning and Environment: Zoning, infrastructure notices, environmental orders
- Part 4 – Buildings and Structures: Pool safety, owner-builder notices, show cause orders
- Part 5 – Rates and Services: Recent water and rates charges, exemptions
- Part 6 – Community Titles or BUGTA Schemes: CMS and body corporate details
Buyers still need to do their homework
Ms Mercorella stressed that the regime enhances transparency but does not eliminate the need for buyer due diligence.
“While this regime enhances consumer protection by providing a consistent foundation of information across the state, it’s important for buyers to understand that the disclosure statement may not cover everything they wish to know about a property,” she said.
“Accordingly, the ‘buyer beware’ principle still applies in Queensland. Buyers should continue to conduct their own independent inquiries and seek legal and other relevant professional advice to fully understand the condition and suitability of the property they are purchasing.”
The disclosure does not cover matters such as:
- Flooding or natural hazard history
- Structural or pest issues
- Asbestos or utility connections
- Building or development approvals
If the seller fails to provide the required documents, or they are materially inaccurate or incomplete, the buyer may have a statutory right to terminate the contract at any time before settlement.
Who can prepare Form 2?
Sellers may prepare the disclosure documents themselves or engage:
- Their solicitor
- Their real estate agent (if authorised in writing)
Agents must follow a strict workflow and must not provide legal advice or interpret search results.
Concerns over infrastructure and implementation
The REIQ has voiced concern about a lack of government infrastructure to support the new requirements, particularly in regional Queensland.
“It’s important that sellers understand that a contract should not be entered into until a disclosure statement is provided, and there is time and costs associated with preparing this document,” Ms Mercorella said.
“Unlike other states, Queensland still lacks a quality, comprehensive statewide search tool to help sellers obtain the information required for disclosure.
“This places a disproportionate burden on sellers – especially those in regional and rural areas – who must navigate disconnected systems to collect and verify property details.
“We’ve long warned that without the right infrastructure – accessible, efficient and affordable tools – compliance becomes more difficult, and the policy objectives of the regime harder to achieve.”
The REIQ is encouraging agents and sellers to familiarise themselves with the requirements now and has made the full suite of resources available via its Sellers Disclosure Information Hub.
