Queensland Sellers Disclosure A Practical Guide

Seller’s Disclosure Regime in Queensland:

Practical Insights

The Queensland property conveyancing process has recently undergone a major transformation with the introduction of the seller’s disclosure regime, effective from 1 August 2025. 

This new regime places additional obligations on sellers and offers stronger protections for buyers. It is important for both parties to understand these requirements to ensure compliance and avoid disputes.

What Needs to Be Provided?

Before a buyer signs a contract, the seller must:

• Provide a Disclosure Statement in the approved form (Form 2).

• Attach all prescribed certificates relevant to the property, such as title searches, survey plans, pool safety certificates, and body corporate certificates if applicable.

• Ensure that the disclosure statement is signed by both parties before the contract is entered into.

Consequences of Failing to Disclose

If the seller does not comply with these requirements, there are significant risks:

• If no disclosure statement is provided, the buyer may terminate the contract at any time up to settlement.

• If any prescribed certificates are missing, the buyer may also terminate up to settlement.

• If incorrect information is disclosed, the buyer may terminate if the error relates to a material matter - this usually means the buyer was unaware of the correct information and would not have signed the contract had they known the truth.

Additional Remedies for Buyers

Other legislation also provides buyers with further protection:

• Under the Environmental Protection Act 1994, if a required notice is given late, the buyer has 21 days to terminate.

• The Queensland Building and Construction Commission Act 1991 states that failure to provide notice results in a deemed warranty by the seller, which commonly lasts six years for structural works.

• The Body Corporate and Community Management Act 1997 allows buyers to terminate within 14 days if the disclosure statement is inaccurate.

Key Areas of Disclosure

Property Details and Title

·         The property must be accurately identified. A current title search and survey plan must be attached to the disclosure statement.

Unregistered Encumbrances

·         Sellers must disclose any unregistered encumbrances that will continue after settlement (such as rights to use bore water). 

·         Statutory encumbrances like sewer mains, stormwater drains, or government repair rights must also be disclosed. 

·         It is strongly recommended to conduct a utilities plan search (such as Dial Before You Dig or local authority searches) to identify these encumbrances.

Leases and Tenancies

·         All unregistered leases or tenancy agreements that extend beyond settlement must be disclosed. 

·         Errors in this section can materially prejudice buyers, especially if the buyer intends to increase rent but the last rent increase date disclosed is incorrect.

Body Corporate (Strata Schemes)

·         For strata properties, sellers must provide the latest Community Management Statement and a Body Corporate Certificate. Failure to provide these documents allows the buyer to terminate the contract.

Buildings and Structures, Show Cause Notices

·         For properties with swimming pools, a current pool safety certificate should be provided. If this is not available, it is advisable to include a special condition in the contract.

·         Owner-builder permits should be checked via title searches and confirmed with a QBCC owner-builder search. 

·         Any notices, or orders relating to environmental protection or land contamination.

·         Any show cause notices or compliance orders from local authorities should be attached. A building records search is recommended, especially where recent works have been undertaken.

Rates and Water Utilities

Rates and water utilities notices are not prescribed certificates but may be attached to show outgoings. If these are provided, it is important to ensure that all details are correct at the time of disclosure.

Off-the-Plan Contracts

For off-the-plan contracts, development approvals should be reviewed carefully. Planning conditions may amount to unregistered encumbrances that need to be disclosed.

Practical Compliance Tips

To ensure compliance:

• Complete every section of the disclosure statement, even if your response is “nil” or “not applicable.” Leaving blanks can create uncertainty and increase the risk of disputes.

• If your solicitor or conveyancer provides you with a questionnaire, complete it thoroughly and supply supporting documents wherever possible (such as copies of notices, certificates, or tenancy agreements). This helps identify matters that should be disclosed but may not be obvious.

• Cross-check all information against title searches, council records, and utility searches before finalising your disclosure statement to ensure consistency and accuracy.

Who Can Prepare the Disclosure?

There are no strict rules about who can prepare the disclosure statement. However, solicitors or conveyancers should prepare prescribed documents because they require detailed legal knowledge and technical expertise that are best handled by qualified professionals.

Exempt Transactions

Some transactions are exempt from these requirements, including:

• Transfers under deceased estates, where property passes to beneficiaries under a will or intestacy.

• Transfers made under court orders or enforcement warrants, such as those ordered by a court to satisfy a judgment.

• Transfers pursuant to financial agreements or family law court orders, for example where property is transferred between parties as part of a family law settlement.

Final Thoughts

The seller’s disclosure regime is designed to protect buyers by ensuring they have all relevant information before signing a contract. It also protects sellers by limiting liability once full and accurate disclosure is provided. Completing every section of the disclosure statement and attaching all required documents is the best way to prevent disputes and ensure a smooth transaction.

At Bespoke Legal Group, we can guide you through this process and assist in preparing compliant disclosure statements. For advice on seller’s disclosure or any other property conveyancing matters, please contact our office for enquiry. 

Prepared by Ivan Zhang Yijie | Associate Solicitor

Disclaimer

This article is provided for general information purposes only and does not constitute legal advice. The law in this area is subject to frequent change, and readers should verify whether any updates have occurred since the time of publication. While care has been taken in preparing the content, readers must exercise their own due diligence before acting on any information. Professional legal advice should always be obtained for specific circumstances.