From 1 August 2025, the landscape of property transactions in Queensland has fundamentally changed with the introduction of a mandatory seller disclosure scheme under the Property Law Act 2023 (Qld) and the accompanying Property Law Regulation 2024 (Qld). This reform imposes significant new obligations on sellers of freehold land and brings
Queensland in line with other Australian jurisdictions which already operate under similar upfront disclosure regimes.
Overview of the New Disclosure Regime
The new regime requires a seller to provide a buyer with a disclosure statement and prescribed certificates before the buyer enters a contract for the sale of freehold land in Queensland.
The main objectives of the reform are:
- To increase transparency in property transactions;
- To reduce post-contract disputes; and
- To provide buyers with critical information before they commit to a purchase. This is a substantial difference from Queensland’s traditional “buyer beware”
What Must Be Disclosed
Under the new regime, sellers must give buyers:
1. Form 2 – Seller Disclosure Statement
This approved form must be:
- Signed by the seller (or their agent);
- Accurate as at the date of delivery; and
- Provided to the buyer before the contract is The statement outlines:
- Title and lot details;
- Encumbrances, leases, and easements (including unregistered interests);
- Zoning and land use designations;
- Environmental issues (e.g. contamination, heritage listing);
- Pool compliance and owner-builder status;
- Rates and utilities
2. Prescribed Certificates
The Property Law Regulation 2024 sets out a list of certificates that must accompany the disclosure statement. These may include:
- A title search and survey plan;
- Notices under the QBCC Act 1991 (Qld) relating to owner-builder work;
- Compliance or non-compliance notices under planning or building legislation;
- Environmental Protection Act notices;
- Pool safety certificate (or a Form 36 non-compliance notice);
- Tree dispute or transport infrastructure notices;
- For community titles: Form 33/34 and
Consequences of Non-Compliance
Failure to comply with the disclosure obligations may result in serious consequences for the seller:
- Termination Right: The buyer may terminate the contract at any time before settlement if:
- No disclosure statement or prescribed certificates were provided;
- The disclosure was inaccurate or incomplete in a material
- Refund of Deposit: Upon valid termination, the buyer is entitled to a full refund of their deposit and may be entitled to interest.
- No Contracting Out: The regime is Any attempt to contract out of the disclosure requirements, or to waive them, is void.
Key Exemptions
Certain transactions are exempt from the new regime, including:
- Sales of unregistered land or off-the-plan lots;
- Sales under court order, mortgagee in possession, or pursuant to a deceased estate;
- Transfers between related parties (in limited circumstances);
- High-value sales ($10M+) where the buyer provides written waiver;
- Certain government and statutory authority