From 1 August 2025, the Property Law Act 2023 (Qld) introduces a transformative seller disclosure regime across Queensland that affects all transfers of freehold land—including residential, commercial, and vacant land—unless an exemption applies REIQ+15Queensland Government+15No borders+15. Here's what sellers and agents must prepare for:
Queensland is moving away from the traditional "buyer beware" system and introducing a statutory Seller Disclosure Statement (Form 2) with prescribed certificates, to be provided before the buyer signs the contract. This standardised process enhances transparency, improves transaction certainty, and aligns Queensland with other states that already have similar regimes bytherules+10Ministerial Media Statements+10No borders+10.
Sellers of registered freehold land across Queensland, including houses, apartments, and vacant lots.
Applies to all sale contracts entered into from 1 August 2025, even if the property was listed earlier No borders+1realestateexcellence.com.au+1REIQ.
Excluded transactions include:
Sales to government bodies or listed corporations,
Related-party transfers with written waiver signed before contract,
Transactions valued over $10 million (if buyer waives) Wikipedia+12Queensland Government+12No borders+12Ensure Legal+7Clayton Utz+7Robbins Watson - Solicitors+7.
Before a buyer signs a contract, the seller must supply:
A completed and signed Form 2 Seller Disclosure Statement (can be prepared by the seller, their solicitor, or an authorised agent) Clayton Utz+15REIQ+15No borders+15.
Prescribed certificates and supporting documents, including:
Title search and survey/registered plan.
Registered and unregistered encumbrances (easements, oral leases, etc.).
Notices of planning, infrastructure proposals, or resumptions.
Environmental and heritage listings or tree‑order notices.
Pool safety compliance certificate (or notice of none).
Information on owner‑builder works, enforcement or show‑cause notices.
Rates and water charge summaries.
For community titles: Community Management Statement and Body Corporate Certificate or explanatory statement realestateexcellence.com.au+10No borders+10REIQ+10Hillhouse Legal Partners+6Legal I Law+6bytherules+6.
If the seller does not provide the disclosure before the contract, or if the documents are materially incomplete or inaccurate, the buyer may terminate the contract at any time before settlement, and is entitled to a refund of deposit or other payments Legal I Law+15No borders+15REIQ+15.
Buyers must also prove the omitted or incorrect fact was material and that they would not have entered the contract had they known Queensland Government+1activeagents.com.au+1.
The form intentionally excludes the following:
Flood history or natural hazard risk.
Structural integrity, building approvals, or pest infestations.
Asbestos presence.
Connectivity of utilities.
Vegetation‑clearing restrictions or wildlife habitat protections (unless covered by other legal instruments) Ensure Legal+1bytherules+1Courier Mail+10No borders+10REIQ+10.
Buyers remain responsible for conducting their own inspections and searches on these aspects.
Start Early: Begin gathering searches and required documents as soon as the property is listed.
Collaborate: Sellers should instruct conveyancers or agents (in writing) to prepare the Form 2—agents must avoid giving legal advice unless qualified Ensure Legal+1spglawyers.com.au+1bytherules+8REIQ+8activeagents.com.au+8.
Use the Official Template: Ensure you’re using the government-prescribed Form 2, and that it’s accurate and fully signed.
Record Delivery: Consider having the buyer sign an acknowledgment (physical or electronic) when receiving the form, as evidence of proper service before contract execution Ensure Legal.
Update if Things Change: If new material information emerges between disclosure and contract signing, revise accordingly. Omissions or outdated information may allow a termination right Ensure Legal.