2025 Property Law Reforms in Queensland: What Sellers and Buyers Need to Know
From 1 August 2025, the Property Law Act 2023 (Qld) will officially replace the decades-old 1974 Act, bringing major reform to how property transactions are managed in Queensland. The headline change is the introduction of a mandatory seller disclosure regime, meaning sellers will now carry clear legal obligations to disclose prescribed information to buyers before a contract is signed.
If you’re buying, selling, or advising on property in Queensland, these changes matter.
What Is the New Seller Disclosure Regime?
Under Section 99 of the Property Law Act 2023, a seller must provide a Seller Disclosure Statement (Form 2) and Prescribed Certificates before the buyer signs the contract.
This includes details such as:
Title searches
Plan of survey
Notices from local councils or state authorities (e.g. resumption, tree orders, contamination)
Zoning, unregistered encumbrances, pool safety
If applicable: body corporate records, community management statements, and rates or tenancy details
Sellers cannot contract out of this obligation unless an exception applies.
What Is Form 2?
Form 2 is the official Seller Disclosure Statement, which includes 16 categories of required information and statutory warnings. These cover:
Property address and title details
Whether the property is in a body corporate or BUGTA scheme
Environmental issues (e.g. contamination, heritage listing)
Unregistered encumbrances (e.g. oral agreements, infrastructure rights)
Local council and state authority notices
Rent increase dates if recently tenanted
It must be accurate at the time it is provided and signed by the seller or their authorised agent.
What Are Prescribed Certificates?
Prescribed certificates are separate documents required under the Property Law Regulation 2024 and include:
Title search
Survey plan
Notices under building, planning, environmental or heritage laws
Pool compliance or safety certificates
Body corporate certificates and CMS (if applicable)
If any are not provided before the contract is signed, the buyer has a right to terminate, even if the omission is not material.
How Must Disclosure Be Delivered?
Disclosure can be given:
In person
By post
By email (if the buyer consents)
By document containing a working link to the disclosure materials
Sellers are advised to retain evidence of delivery, as they bear the onus of proving disclosure was properly given under Section 101.
What If the Seller Fails to Disclose?
Under Section 104, a buyer can terminate the contract at any time before settlement if:
Disclosure documents were not given at all (no materiality test); or
The documents were inaccurate or incomplete and relate to a material matter the buyer didn’t know about.
The seller must then refund all payments, including the deposit, within 14 days.
Key Practical Tips for Sellers and Agents
Do not delay searches. Some certificates (e.g. body corporate) may take several days to issue.
Ensure consistency between the disclosure documents and the contract of sale.
Agents cannot give legal advice. They must rely on seller instructions and refer legal questions back to the lawyer.
If in doubt—disclose. Silence may be more legally risky than oversharing.
