Property to sell? New seller disclosure regime on the way for Queensland

Seller take note! If you’re looking to sell your property in Queensland, the property sale process is about to change. Coming into effect on 1 August 2025, the seller disclosure regime aims to provide comprehensive pre-contractual disclosure to buyers purchasing a property, so that they get as much transparency about the property as possible before signing a contract.

For sellers, this means that a disclosure statement and supporting documents need to be provided to buyers before a contract of sale is signed. Essentially, the new regime, as part of the Property Law Act 2023 (Qld), brings Queensland more in line with how property transactions are completed in New South Wales and Victoria.

What is changing with seller disclosure in Queensland?

Sellers in Queensland will need to become more proactive in the sales process. Before the property can be sold, the seller must complete the prescribed disclosure statement.

The disclosure statement provides a summary of the property title details, any residential tenancy details, some land use disclosures, details of building notices, and details of the most recent rates and water costs.

A number of documents must be provided to potential buyers along with the disclosure statement. The documents are set out in section 5 of the Property Law Regulation 2024 (Qld) and include:

• title search;
• registered plan;
• owner builder notice;
• show cause or enforcement notices;
• notices from an authority requiring work to be done to the property;
• environmental or contamination notices;
• tree dispute notices;
• transport infrastructure proposal notices;
• resumption notices; and
• pool compliance certificate.

If the property is in a body corporate, then a copy of the current Community Management Statement (CMS) and a body corporate information certificate is also required to be disclosed.

Sellers should be proactive in providing copies of any notices to their lawyer or sales agent to ensure that the disclosure statement is properly completed and accurate before the contract is signed by the buyer.

What is not covered by the new seller disclosure regime?

There are some things sellers do not have to disclose, such as

• general defects with the property including structural or other building issues, pest infestations, and asbestos;
• planning information;
• services connected to the property; and
• flooding or details of historical natural disasters.

Buyers should still conduct their own searches and investigations of the property to ensure that it is suitable for their proposed future use.

Consequences for non-compliance

There are serious consequences for sellers if they fail to provide a disclosure statement or provide an inaccurate disclosure statement.

Buyers may terminate the contract at any time before settlement if a seller fails to give the buyer:

• a disclosure statement before the buyer signs the contract; and/or
• a supporting document before the buyer signs the contract.

It is important to note that the termination right will not be available to buyers if they have another remedy available to them under law. For example, buyers have a right to rescind a contract if the property is on the contaminated land register and a seller fails to give a notice under section 408 of the Environmental Protection Act 1994 (Qld), and this right would take precedence over the termination right in the Property Law Act 2023 (Qld).

Buyers also have a termination right if a seller gives them an inaccurate or incomplete disclosure in relation to a material matter, and where:

• the buyer was not aware of the correct state of affairs of the matter at the time of signing the contract; and
• the buyer would not have signed the contract, if the buyer had been made aware of the correct state of affairs of the matter.

The term ‘material matter’ is not currently defined in the Property Law Act 2023 (Qld) or prescribed by legislation. It is not clear whether it will be a subjective or objective test. Once the disclosure regime starts, there will likely be court decisions that will provide some guidance and commentary on how this term can be interpreted.

Get trusted support for your property sale

Seller disclosures can be comprehensive, and knowing what documents need to be provided can be an onerous task. Our Queensland Property has experience acting for buyers and sellers of residential, commercial, and industrial property, with in depth knowledge of the documentation required for both sides of the process.

If you need advice or support understanding the ins and outs of the incoming seller disclosure regime, contact our Brisbane Property lawyers.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.