Queensland Seller Disclosure Regime: Overview

In a significant overhaul of property law, Queensland is set to implement a seller disclosure regime under the Property Law Act (2023) from 1 August 2025. 

Mandatory Disclosure Statement

Sellers will be required to provide prospective buyers with a completed and signed disclosure statement, along with specific prescribed certificates and searches, before the buyer signs the contract. This ensures that buyers have access to essential information about the property, to assist them in making an informed decision.

Failing to provide this statement to the buyer prior to the contract being signed means the buyer will be entitled to terminate the contract all the way up until settlement.

Content of the Disclosure Statement

The requirements for the disclosure statement include:

• A title search
• Registered and unregistered encumbrances​
• Zoning information
• Details of any statutory notices or orders affecting the property
• Information on pool safety compliance​
• Notices from the Queensland Building and Construction Commission (QBCC)​
• Environmental protection notices​
• Current rates and water ​

This disclosure aims to provide buyers with a clear understanding of any potential issues or obligations associated with the property.

Exceptions to Disclosure Requirements

Certain transactions are exempt from these disclosure obligations, including:

• Sales between related parties where the buyer waives the disclosure requirement in writing
• Transactions involving government bodies​
• Sales of property over $10 million where the buyer waives compliance in writing​

Consequences of Non-Compliance

Failure to provide the required disclosure documents, or providing incomplete or inaccurate information, means that the buyer has the right to terminate the contract at any point before settlement. This underscores the importance of compliance and the potential risks for sellers who do not adhere to the new requirements.

Implications for Stakeholders

• Sellers and Real Estate Agents: Must familiarise themselves with the new disclosure obligations to ensure compliance and avoid potential contract terminations. Real estate professionals in Queensland are permitted to prepare disclosure documents on behalf of their clients, or this can be undertaken by a lawyer. 

• Buyers: Will benefit from increased transparency, allowing for more informed purchasing decisions. However, buyers should still conduct their due diligence, as certain aspects, such as flooding history, are not covered in the disclosure statement. ​

Conclusion

The introduction of the mandatory seller disclosure regime marks a pivotal shift in Queensland’s property law landscape, aiming to enhance transparency and protect the interests of both buyers and sellers. As the implementation date approaches, it is crucial for all parties involved in property transactions to understand and prepare for these changes to ensure a smooth transition and compliance with the new legal requirements.

The above is not legal advice and is general information only.