Queensland Seller Disclosure Update 2025: What Sellers Need to Know

River City Brisbane Conveyancing Specialists

Introduction

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).

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.

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.

Key disclosure items

  • 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.