Queensland Property Law Act 2025: What Every Seller MUST Disclose from August 1

A seismic shift is underway in Queensland’s property landscape. The days of “buyer beware” are officially numbered. Commencing on 1 August 2025, the new Queensland Property Law Act 2023 introduces a mandatory seller disclosure regime, fundamentally changing the way residential and commercial properties are sold across the state. This is the most significant overhaul of property law in Queensland in decades, and for sellers, preparation is not just recommended—it’s essential to ensure a smooth, compliant, and successful transaction.

For property owners in Brisbane, the Gold Coast, and the Sunshine Coast, understanding these new obligations is critical to avoiding costly delays and potential contract termination. At Aylward Game Solicitors, we are at the forefront of these legal changes. With nearly 50 cumulative years of experience, our team is dedicated to guiding sellers through this new territory, protecting their interests, and ensuring their sale is secure from day one. This guide will break down everything you need to know about the new seller disclosure requirements.

The End of ‘Buyer Beware’: What is the New Seller Disclosure Scheme?

For years, the onus was primarily on the buyer to conduct their due diligence and uncover any potential issues with a property. The new Property Law Act flips this principle on its head. It introduces a statutory obligation for sellers of freehold property—including houses, units, commercial buildings, and most vacant land—to proactively provide a comprehensive set of documents to a prospective buyer before the buyer signs the contract of sale.

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The core of this new scheme is the Seller Disclosure Statement Qld (prescribed as Form 2), which must be accompanied by a specific set of documents known as “prescribed certificates.” The goal is to promote transparency, empower buyers with upfront information, and reduce the likelihood of disputes arising after a contract is signed.

This is not a minor procedural update; it is a foundational change to Queensland real estate laws. Failing to comply can have severe consequences, putting your entire sale at risk.

The Ultimate Checklist: What Information Must Be Disclosed?

Under the new regime, sellers must provide a detailed and accurate picture of the property’s legal and physical status. While this requires more upfront effort, it ultimately builds trust and strengthens the contract. Here is a comprehensive overview of the seller disclosure requirements Qld:

• Title and Plan Information: You must provide a current title search and a copy of the registered survey plan, confirming legal ownership and property boundaries.
• Encumbrances: This includes disclosing all registered encumbrances (like mortgages, easements, or covenants) and, crucially, any unregistered interests that could impact the buyer’s use of the land, such as informal lease arrangements.
• Tenancy Agreements: If the property is currently tenanted, the details of the residential tenancy agreement must be provided.
• Zoning and Planning: Information about the property’s zoning under the local planning scheme must be disclosed, as this affects how the land can be used or developed in the future.
• Transport Infrastructure Proposals: You are required to disclose any formal notices you have received from government authorities regarding proposed transport infrastructure (e.g., new roads or rail lines) that could affect the property.
• Environmental Notices: The disclosure must state whether the property is listed on the Environmental Management Register or the Contaminated Land Register and include any related notices served under the Environmental Protection Act 1994.
• Body Corporate Information: For lots within a Community Titles Scheme (CTS), a Body Corporate Disclosure Statement (a prescribed body corporate certificate) and a copy of the Community Management Statement (CMS) are mandatory.
• Neighbourhood Disputes: Any existing orders or applications under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 must be disclosed.
• Heritage Listings: You must disclose if the property is protected under the Queensland Heritage Act 1992 or listed on the World Heritage List.
• Pool Safety: If there is a swimming pool, you must provide either a valid pool safety certificate or a notice stating that no certificate is currently held.
• Building Works and Notices: This includes providing a notice for any building work carried out under an owner-builder permit within the last six years, as well as details of any outstanding show cause or enforcement notices under the Building Act 1975 or Planning Act 2016.
• Rates and Water Charges: A summary of the current local government rates and water charges for the property is required.

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What’s Not on the List? A Note on Flooding History

One of the most debated aspects of the new laws is what they don’t require sellers to disclose. Despite Queensland’s history with flooding events, there is currently no mandatory obligation for sellers to disclose a property’s past flood history or if it sits within a designated flood zone. Similarly, sellers are not required to provide information on the structural soundness of the building or past development approvals. Buyers will still need to conduct their own investigations into these crucial areas.

The High Stakes of Non-Compliance: What Happens If You Get It Wrong?

The consequences of failing to meet the new disclosure obligations are severe and heavily favour the buyer. A seller’s failure to comply can give the buyer the right to terminate the contract at any time before settlement if:

1. The seller fails to provide the disclosure statement or any prescribed certificate before the buyer signs.
2. The provided documents are inaccurate or incomplete in relation to a “material matter.”

A “material matter” is an issue that, had the buyer known the true state of affairs, would have caused them not to sign the contract. This creates a significant termination risk for sellers, even over seemingly minor inaccuracies.

Mark Game, founder of Aylward Game Solicitors and an expert in Property Law and Commercial Litigation, warns, “The new regime demands meticulous preparation. An incomplete or inaccurate Real Estate Disclosure Form is no longer a simple oversight; it can unravel an entire unconditional contract right before settlement. Proactive, expert legal advice is the only way to mitigate this risk and avoid potentially costly disputes down the line.”

Are There Exceptions to the Rules?

While the new scheme is broad, there are specific exemptions. Disclosure is generally not required for:

• High-Value Transactions: Sales over $10 million (incl. GST) where the buyer formally waives the requirement.
• Related Parties: Transfers between related parties, again with a formal waiver from the buyer.
• Specific Buyers: Sales to the government, a statutory body, or a publicly listed corporation.
• Court-Ordered Sales: Transactions resulting from a court order.
• Boundary Realignments: Transfers between co-owners or neighbours to adjust a boundary.
• Off-the-Plan Sales: These continue to be governed by existing disclosure regimes under the Land Sales Act 1984 and the Body Corporate and Community Management Act 1997.

Before assuming an exemption applies, it is vital to seek legal advice to ensure you are fully compliant.

How Aylward Game Solicitors Protects Your Sale

Navigating the new consent laws Qld and disclosure requirements requires specialist expertise. At Aylward Game Solicitors, we have invested in best-in-class systems and processes to ensure our clients in Brisbane, the Gold Coast, and the Sunshine Coast receive comprehensive, fully compliant seller disclosure statements without the stress.

Our property law team, led by founder Mark Game and supported by our dedicated conveyancing specialist Josie Stokes, can assist you by:

• Preparing Your Full Disclosure Bundle: We handle all the necessary searches and prepare the Form 2 Seller Disclosure Statement Qld and all prescribed certificates in a compliant format.
• Providing Tailored Advice: We offer expert guidance for complex properties with unusual encumbrances or other unique circumstances.
• Mitigating Your Risk: Our deep understanding of property and commercial litigation ensures every detail is managed to protect your transaction from start to finish.
• Ensuring Peace of Mind: We work diligently to ensure your contract is enforceable from day one, allowing you to proceed with confidence.

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Call Us (1800) 217 217

Conclusion: Get Ahead of the Game

The Queensland Property Law Act 2023 represents a new era for property transactions. For sellers, it means greater responsibility and a need for diligent preparation. The risk of non-compliance is simply too high to leave to chance.

Don’t let your property sale be jeopardised. Trust the experts at Aylward Game Solicitors to navigate these changes for you. With our deep knowledge and practical approach, we keep you ahead of the game.

Contact our property team today at 07 3236 0001 to prepare your disclosure documents or to discuss how the new laws will impact you.

Frequently Asked Questions (FAQs)

Do these new disclosure laws apply to properties sold at auction?

Yes, they do. For a sale by auction, the seller must make the completed disclosure statement and all prescribed certificates available to registered bidders before the auction begins (i.e., before the fall of the hammer).

What if I am selling an ‘off-the-plan’ property?

The new disclosure regime under the Property Law Act 2023 does not apply to “proposed lots” sold off-the-plan. These transactions continue to be governed by the existing disclosure requirements under laws such as the Land Sales Act 1984 and the Body Corporate and Community Management Act 1997.

Does the new Queensland Property Law Act only affect sellers?

While the seller disclosure scheme is a major component, the new Act introduces wide-ranging reforms that also impact other areas, including new tenant-friendly leasing laws that regulate things like a landlord’s consent for assignments and alterations.

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What is legally considered a ‘material matter’ if I make a mistake in my disclosure?

The legislation leaves “material matter” open to interpretation, but it generally refers to a fact that would have likely influenced the buyer’s decision to enter the contract. Given the consumer protection focus, courts are expected to take a buyer-friendly approach, making it a significant risk for sellers.

Can I prepare the seller disclosure statement myself to save money?

While you are not legally prohibited from preparing it yourself, the risks of getting it wrong are extremely high. An error or omission could give the buyer the right to terminate the contract. Engaging expert solicitors like Aylward Game ensures all legal requirements are met, protecting your sale and providing you with crucial peace of mind.