What Brisbane Sellers Must Disclose Under Queensland’s New Property Laws (Effective 1 August 2025)
Starting 1 August 2025, Queensland will implement a new statutory seller disclosure regime under the Property Law Act 2023 (Qld), marking a significant shift from the traditional "buyer beware" approach. This change aims to enhance transparency and consistency in property transactions, ensuring that buyers receive key information about a property before signing a contract.
Key Disclosure Requirements for Sellers
Under the new regime, sellers must provide prospective buyers with:
1. A Completed and Signed Form 2 Seller Disclosure Statement: This standardised form includes essential details about the property, such as:
o Seller’s name and property address
o Lot and plan description
o Whether the property is part of a community titles scheme or the Building Units and Group Titles Act (BUGTA) scheme
2. All Prescribed Certificates Relevant to the Property: These may include:
o Title search and registered plan
o Notices issued under building and planning legislation
o Pool compliance certificate
o Documents related to heritage registers or transport infrastructure proposals
o Community management statement for properties within a community titles scheme
Additional Information to Be Disclosed
Sellers are also required to disclose information regarding:
· Legal and Title Information: Easements, covenants, encumbrances, and unregistered interests affecting the property.
· Outstanding Notices or Orders: Issued by local councils or other authorities.
· Property Condition: Known structural defects, history of flooding or contamination.
· Council and Utility Charges: Outstanding council rates or utility charges.
· Body Corporate Details: For strata properties, details about levies, disputes, and by-laws.
· Occupancy Details: Whether the property is subject to a tenancy agreement.
· Pool Safety Compliance: Confirmation of a valid pool safety certificate.
· Smoke Alarm Compliance: Confirmation that the property meets current smoke alarm regulations.
· Neighbourhood Disputes: Any ongoing disputes with neighbours, including noise complaints or boundary disagreements.
Importance of Compliance
Failure to provide the required disclosure documents before the buyer signs the contract can grant the buyer the right to terminate the contract before settlement. Therefore, it's crucial for sellers to ensure all information is accurate and up-to-date at the time of disclosure.
Conclusion
The introduction of the new seller disclosure regime marks a major shift in Queensland property law, aimed at making transactions more transparent and better protecting buyers. As a seller, understanding exactly what you need to disclose—and ensuring it’s done correctly—will be key to avoiding delays, complications, or potential contract terminations.
If you have concerns about how these changes may affect your sale, or if you'd like guidance on preparing the correct disclosure documents, please don’t hesitate to contact us. We're here to help make the process clear, compliant, and stress-free.