Selling in Queensland? Here's What the New Disclosure Law Means for You

River City Brisbane Conveyancing Specialists

Property Law Act 2023 (Qld) Updated

If you're planning to sell your home, unit, or land in Queensland, there's an important change you need to know about. From 1 August 2025, you're legally required to give buyers a completed Seller Disclosure Statement (Form 2), along with a set of supporting certificates before they sign a contract to buy your property. For sellers, agents and conveyancers based in Brisbane and across Queensland, early preparation and compliance is essential, the consequences of non-compliance are real and can jeopardise a sale. In this 2025 update we’ll cover how it applies, key obligations for sellers, common pitfalls and how our conveyancing team can help you navigate the change.

Therefore from 1 August 2025, the landscape for property sales in Queensland is changing significantly with the introduction of a mandatory seller disclosure regime under the Property Law Act 2023 (Qld) (PLA 2023).

This isn't optional, and getting it wrong can be costly: if you don't provide it correctly, a buyer can walk away from the sale, even after signing, right up until settlement. The good news? It's straightforward to get right if you start early and have the right help. Here's what you actually need to know.

What's Changing, in Plain English
Queensland used to run on a "buyer beware" system, it was largely up to the buyer to dig up information about a property before they bought it. That's now flipped. Sellers must proactively disclose key information about the property up front, before a buyer ever signs. It's a big shift, but it's one that brings Queensland into line with how NSW and Victoria already operate and long-term, it should mean fewer disputes and smoother settlements for everyone.

Does This Apply to Your Sale?
Yes, if you're selling:

A house, townhouse, unit, or vacant block of land
Under a standard contract, signed on or after 1 August 2025
You're likely exempt if:

You're selling to a related party who agrees to waive disclosure
The sale is over $10 million (GST inclusive) and only exempt if the buyer provides a written waiver notice before signing
You're selling to government or certain listed corporations
It's an off-the-plan lot (different rules apply)
For the vast majority of Queensland home sellers, though this applies to you.

What is the new Seller Disclosure Regime?

Historically in Queensland the principle of “buyer beware” applied to many property transactions. That is now changing. Under PLA 2023, Division 4, Part 7 introduces a mandatory disclosure scheme whereby sellers (in most cases) must provide to prospective buyers, before the contract is signed, a completed disclosure statement (Form 2) and any prescribed certificates.

The aim is to improve transparency, reduce post-contract disputes and align QLD more closely with other states that already impose seller disclosure obligations.

When does it apply & what types of sales are affected?

  • The regime commences 1 August 2025 for contracts entered into on or after that date.
  • It applies to most freehold land sales: residential, commercial, industrial, or vacant land.
  • It does not apply to certain off-the-plan proposed lots (those still subject to the Land Sales Act, BUGTA etc).
  • There are limited exemptions such as: sales between related parties (with waiver), sales over $10 m (GST inclusive) if buyer waives, transfers involving government or listed corporations.
  • In short: if you’re selling a house, townhouse, unit or vacant lot in Brisbane under a standard contract after 1 August, you’re likely affected.

What must be disclosed?

The disclosure statement (Form 2) must be completed and accurate at the time of disclosure and must include prescribed information and supporting certificates.

What You'll Need to Provide
Your Form 2 Disclosure Statement needs to cover:

Your details and the property description — including whether it's part of a community titles scheme. Title and encumbrances — a current title search, and any easements, leases, or unregistered interests. Zoning, planning, and environmental matters — including any heritage listing or contamination register status
Building history — pool safety certificates, any unlicensed building work in the last 6 years, outstanding council notices. Rates and service charges — most recent council and water bills. Body corporate information (if applicable) — community management statement, current levies, any body corporate debts

Alongside the statement, you'll also need to hand over the relevant prescribed certificates (title search, registered plan, body corporate certificate, etc.). We bundle all of this into one clear, compliant package for you.

Key disclosure Items List:

  • Seller and property details: seller name, lot/plan description, scheme status (community titles or otherwise).
  • Title details and encumbrances: title search, survey plan, registered/unregistered encumbrances (easements, leases), tenancy/rooming accommodation agreements.
  • Land use, planning & environment: zoning under local scheme, infrastructure/transport proposals, environmental contamination or listing, heritage matters.
  • Buildings & Structures: pool safety certificates, owner-builder notices, show-cause/enforcement notices under Building Act, etc.
  • Rates and services: most recent council rates, water services charges, exemptions.
  • Community titles (if applicable): body corporate certificate, community management statement, levies and debts on lot.

Prescribed Certificates

In addition to the Form 2 statement, sellers must provide any required “prescribed certificates” such as title search, copy of registered plan, body corporate certificate for CTS schemes, notices under relevant Acts.

It’s best practice to bundle these documents with the disclosure statement, so there is clear evidence of compliance.

Key risks if you don’t comply

The new regime carries significant risks for sellers and their advisers if they fail to comply. Some of the key consequences:

  • If the disclosure statement or prescribed certificate is not given before the buyer signs the contract, the buyer may terminate the contract at any time before settlement.
  • If the disclosure is incomplete or inaccurate in relation to a material matter (i.e., something the buyer would not have signed without knowing), the buyer likewise may have termination rights and may recover amounts paid.
  • Because the regime is new, there is heightened diligence and risk: delays in obtaining searches/certificates may slow the sales process; uncertainty around “material matters” may lead to disputes.

For sellers in Brisbane, conveyancers and legal teams must advise early and manage timing, documentation, and accuracy to avoid jeopardising the sale.

Practical steps for sellers (and conveyancers) in Brisbane

If you are preparing to sell a property in Queensland post-1 August 2025, following these steps can help your transaction proceed smoothly:

  1. Engage your conveyancer/solicitor early.
    Early legal involvement means you can identify search and certificate requirements, prepare Form 2 ahead of time, and ensure compliance rather than scrambling at contract stage.
  2. Obtain necessary searches and certificates in advance.
    Some documents (title search, survey plan, body corporate certificate, environmental registers, etc) can take time. Delays may jeopardise contract timing.
  3. Complete Form 2 disclosure statement well before or at listing stage.
    Provide accurate, up-to-date information. Even though it may feel early, being prepared assists the agent, buyer enquiries and reduces risk of termination.
  4. Bundle the documents for delivery to buyer before contract signing.
    Ensure a system is in place to deliver the Form 2 and certificates in a single pack, and track receipt (electronic signatures permitted).
  5. Update your workflow and educate your team/agent.
    Real estate agents and support staff in Brisbane should be aware of the regime, understand this is no longer a “buyer beware” domain alone, and must coordinate with the legal/conveyancing team.
  6. Review contract and transitional issues. If the contract is signed just around 1 August, check that the new version of the contract is used and that timing is properly handled.

River City Conveyancing

In the Brisbane property market, as transactions become more complex and regulatory reform heightens, having a specialist conveyancing team means you benefit from:

  • Local-market experience: understanding Brisbane / South East Queensland real estate quirks, local council searches, body corporate schemes in units/towns.
  • Up-to-date legal compliance: our team stays on top of the PLA 2023 disclosure obligations, and can advise you on risk-mitigation.
  • Process efficiency: we can prepare disclosure packs, manage searches, coordinate with agents, help avoid delays or contract breakdowns.
  • Peace of mind: knowing that you’ve complied with statutory obligations and significantly reduced your exposure to buyer termination rights.
  • We specialise in conveyancing and property law in Brisbane and are ready to assist sellers navigating this new regime.

Key Takeaway

The seller disclosure changes coming into force from 1 August 2025 in Queensland represent a major shift for anyone selling property.

Compliance is not optional: sellers must provide a compliant Form 2 disclosure statement and prescribed certificates before the buyer signs the contract.

If you’re selling in Brisbane, allow adequate time, engage your conveyancer early, and ensure your workflow accommodates the new regime. Failure to do so may provide a buyer with the right to terminate the contract before settlement which can be costly and disruptive for both parties.

If you’re planning to sell a property in Brisbane (or South East Queensland) and would like expert conveyancing support, contact River City Conveyancing today. We’ll help you prepare your disclosure documentation, make sure you’re compliant with the new seller disclosure regime and navigate the sale smoothly from start to settlement. We've been handling Brisbane and Queensland conveyancing for almost 30 years, and we're already fully across the Property Law Act 2023 requirements. 

Selling your property in Brisbane or South East Queensland? Get in touch with our team today and we'll take care of your disclosure obligations from start to settlement, so you can focus on the sale, not the paperwork.