Major Changes For Property Sellers from 1 August 2025

From today (1 August 2025), the new Property Law Act 2023 (Qld) will introduce a mandatory seller disclosure regime for any Property sold in Queensland. The regime aims to enhance transparency, protect buyers, and streamline property dealings across the State.

Under this regime, a seller will be required to disclose certain information about the property and present this to a buyer before the buyer signs the contract.

What Property Does This Apply To?

This scheme applies to sales of all types of properties (apartments, houses, vacant land and includes residential and commercial properties) subject to limited exceptions. This means that if you intend to sell a property from today, you will be required to provide to buyers a disclosure statement before the contract is signed.

Unfortunately, there are only limited circumstances where you aren’t required to provide a disclosure statement, and the requirement cannot be waived (or contracted out of).

What Does This Involve?

Before a buyer enters into a contract of sale for a Property, the seller must provide to the buyer a disclosure statement (a standardised form) together with certain prescribed information relating to the property.

The disclosure statement must contain the following:

  • A title search and copy of the registered plan relating to the Property;

  • Registered and unregistered encumbrances (a common example of an encumbrance being any easements, sewer mains or water mains that may pass through the property);  

  • Any tenancies effecting the property;

  • The zoning of the property;

  • Transport proposals which may result in the property or part of the property being resumed by the State or local council;

  • If the property is on the Contaminated Land Register or the seller has received notice in respect of any contamination on the land;

  • Any disputes with neighbours over boundary fencing or trees under the Neighbourhood Disputes Act;

  • Whether the property is protected by a Heritage listings;

  • Pool compliance certificates (if the property has a pool);

  • If any owner builder works have been completed on the Property within the last 6 years (including prior owners);

  • If the local council, State or a relevant authority has issued any notice to the Property Owner requesting that works be completed on the property or that authority has issued a Show Cause or Enforcement Notice.

  • A copy of your latest rates and water notices.

If the property is part of a community titles or BUGTA scheme, the seller must also attach:

  • Body Corporate Certificate or if there is no functioning body corporate, an explanatory statement as to why the Body Corporate Certificate cannot be provided; and

  • The most recent Community Management Statement (if under community titles scheme).

Repercussions of Non-Compliance

If the seller either:

  • fails to provide the disclosure documents; or

  • provides disclosed information that is inaccurate or incomplete,

AND the buyer is materially prejudiced by the inaccurate information or the seller’s failure to disclose the information, the buyer can terminate the contract at any time before settlement.

The buyer will be taken to be materially prejudiced if they would have not purchased the property if the relevant fact was disclosed to be buyer before they signed the contract, and no amount of compensation will satisfy the buyer as a result of the failure to disclosure the relevant fact.

In cases where the Buyer is materially prejudiced and the contract is terminated, the Buyer has no statutory right to compensation from the seller, only the right to terminate the contract before settlement and request a refund of the deposit.

What Does This Mean for Sellers?

The new requirements impose greater responsibility on sellers, who should expect:

  • Increased expenses and preparation time for the gathering of disclosure documents

  • Serious consequences for non-compliance, such as termination by the buyer.

We encourage sellers to arrange their disclosure documents as soon as possible once they have appointed an agent to sell their property, and if they are concerned engage a property lawyer to assist with the preparation of the disclosure statement.

What Does This Mean for Buyers?

For buyers, these changes will:

  • Improve transparency regarding property information, putting buyers in a better position to make an informed decision

  • Provide termination rights if the seller fails to meet the disclosure requirements.

HOWEVER!!! The disclosure statement does not include important information such as:

  • Any flood risks or flood mapping;

  • Building or pest inspections (as a buyer you will still need to complete this if you have concerns);

  • Building approval and certification requirements for any structures on the land;

  • Any historical uses of the property;  

  • Current or past building or development approvals affecting the property;  

  • Limits imposed by planning laws on the use of the land, services or future development of the property

  • The presence of asbestos within the improvements on the property; and

  • A property’s access to utilities (though mains information in the vicinity of the property should be disclosed).

It is therefore prudent for buyers to still complete their own due diligence of the property, and while some information may be provided, they should consult a property lawyer before entering into a contract or if they are concerned with any of the material disclosed.

The Bottom Line

The mandatory seller disclosure regime will change the way property is sold in Queensland for not only sellers, but also buyers and real estate agents.

Regardless of what side you are on, engaging a property lawyer is a crucial step towards ensuring a smooth, efficient, and fully compliant conveyancing process.

Please contact our experienced property law team for professional advice about your specific circumstances.

Conveyancing, Commercial & Business, Property & DevelopmentFiona Hollingworth