Seller Disclosure Laws in Queensland

Buying a home is one of the biggest and most personal investments many Queenslanders will make.

To help buyers make informed choices, the Queensland Government has introduced seller disclosure forms. These forms are designed to support both buyers and sellers by making key property information available from the start. In simple terms, sellers are now required to share specific details about the property before it goes on the market. This gives buyers a clearer picture of what they’re purchasing. Think of it like a roadworthy certificate, but for your house.


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What has changed?

If you're selling a property in Queensland, you now need to give the buyer a seller disclosure form before they sign the contract. This form is officially called the Form 2 Seller Disclosure Statement, and it must be provided along with any required certificates.

The key change is timing. Buyers must receive these documents before they commit to the purchase. This helps them make a well-informed decision about the property.

These rules apply to most types of property, including land, houses, apartments and duplexes. They cover both residential and commercial sales. However, if you're buying off-the-plan real estate, these disclosure requirements do not apply.

There are some exceptions to the rules. A solicitor can help you understand if any of these apply to your situation.

What does seller disclosure include?

The Form 2 Seller Disclosure Statement sets out prescribed information to be provided. Some of the items are explained below, but sellers should speak to their solicitor to understand the complete list.

This part of the disclosure includes basic information about the seller and the property. It covers:

  • The name of the seller or sellers
  • The property address
  • The lot and plan description
  • Whether the property is part of a community titles scheme under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980

This part of the disclosure helps buyers understand who owns the property, what rights or restrictions may apply, and whether the property has been rented recently.

Title and survey information
Sellers must provide a title search and a copy of the registered plan of survey. These documents confirm ownership and show the legal boundaries of the property.

Encumbrances
Encumbrances are legal rights or restrictions that may affect how the property can be used. These can be:

  • Registered encumbrances, which appear on the title search. Examples include easements, leases, mortgages and statutory covenants.
  • Unregistered encumbrances, which are not listed on the title but still affect the property after settlement. These might include unregistered leases or informal agreements. Sellers must provide details such as start and end dates and any payments involved.

Statutory encumbrances
These are rights created by law. They can include:

  • Charges over the land due to unpaid money owed to government
  • Rights to keep infrastructure on the property
  • Rights to access the land to repair or maintain infrastructure

Examples include sewerage pipes under the Local Government Act 2009 or access for telecommunications under the Telecommunications Act 1997.

Tenancy and rooming accommodation agreements
If the property has been rented in the past 12 months under a residential tenancy or rooming accommodation agreement, this must be disclosed. This is important for buyers planning to rent out the property, as rent increases are limited to once every 12 months under the Residential Tenancies and Rooming Accommodation Act 2008.

A solicitor can help you understand how these details may affect your purchase or sale

This section of the disclosure provides important information about how the land can be used, and whether there are any environmental or planning issues that could affect the property. It includes:

  • Zoning: The seller must disclose how the property is zoned. Zoning affects what the land can be used for, such as residential, commercial or industrial purposes.
  • Transport infrastructure proposals: If the seller has received a notice from a government body about a proposed transport project that may affect the property, this must be disclosed. A solicitor can help explain what qualifies as a transport infrastructure proposal.
  • Notice of intention to resume: If the property is subject to a notice of intention to resume (which is the first formal step in compulsory land acquisition by a government authority), this must be disclosed.
  • Environmental notices and registers: The seller must disclose if the property is listed on the Environmental Management Register or the Contaminated Land Register under the Environmental Protection Act 1994. Other environmental notices under this Act must also be disclosed.
  • Tree applications or orders: If the property is affected by a tree application or order under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, this must be included.
  • Heritage listings: The seller must disclose if the property is affected by the Queensland Heritage Act 1992 or is listed on the World Heritage List under the Environment Protection and Biodiversity Conservation Act 1999.

This section outlines what sellers must disclose about buildings, pools and any official notices that may affect the property.

Sellers are required to provide:

  • Details about any pool on the property, including whether a pool compliance certificate has been issued
  • Information about building work done under an owner builder permit in the past six years. If this applies, a specific notice under the Queensland Building and Construction Commission Act 1991 must be given
  • Whether there is an unsatisfied show cause notice or enforcement notice under the Building Act 1975 or the Planning Act 2016
  • Whether the seller has received a notice or order from a government authority, court or tribunal requiring work to be done or money to be spent on the property

It is important to understand that the Form 2 Seller Disclosure Statement does not guarantee:

  • The structural soundness of any buildings or improvements
  • That the buildings have the required approvals
  • That the property is free from pest infestations
  • Whether asbestos is present in any buildings or improvements

Because of this, buyers should consider arranging a building and pest inspection. It may also be worth speaking with other experts, such as an engineer. A solicitor can help with searches to check whether the buildings and improvements have the right approvals.

Sellers must disclose the most recent rates and water charges for the property. This includes:

  • The amount payable for council rates, as shown on the latest rates notice
  • The amount payable for water services, based on the most recent water notice

If there is no separate water notice for the property, the seller must provide an estimate of the total water charges.

If the property is part of a community titles scheme or a BUGTA scheme, the seller must provide extra information to help buyers understand their rights and responsibilities. This includes:

  • A copy of the most recent community management statement, which outlines key details like lot entitlements, by-laws and exclusive use areas
  • A body corporate certificate for the lot under the Body Corporate and Community Management Act 1997. If this certificate is not available, the seller must provide an explanatory statement explaining why, in line with the legislation
  • If the property is part of a BUGTA scheme, the seller must provide a body corporate certificate that complies with BUGTA requirements, or an explanatory statement if the certificate cannot be provided

A solicitor can explain when an explanatory statement is allowed and what it might mean if the body corporate certificate is missing.

It is important to understand that the Form 2 does not include information about certain implied warranties under the Body Corporate and Community Management Act 1997. These relate to:

  • Hidden or obvious defects in common property or body corporate assets
  • Financial liabilities that go beyond normal operating costs
  • Any issues within the body corporate that could negatively affect you as the new owner

You should speak to a solicitor to understand what protections may be available under these warranties.

Sellers must give buyers certain official documents before the contract is signed. These certificates don’t need to be attached to the Form 2 Seller Disclosure Statement, but they must be provided in time for the buyer to review them.

The required documents may include:

  • A title search showing registered interests under the Land Title Act 1994
  • A plan of survey registered under the Land Title Act 1994
  • If building work was done under an owner builder permit in the past six years, a notice under section 47 of the Queensland Building and Construction Commission Act 1991
  • Copies of any show cause or enforcement notices under the Building Act 1975 or the Planning Act 2016
  • Any notice or order from a government authority, court or tribunal requiring work or payment related to the property
  • Certain environmental notices under the Environmental Protection Act 1994
  • Documents related to tree applications or orders under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
  • Documents about transport infrastructure proposals that may affect the property. A solicitor can help explain what this means under the legislation
  • Documents about any notice of intention to resume the property or part of it, which is the first step in compulsory acquisition by a government authority
  • If there is a pool:
    • A pool compliance certificate, or
    • A notice stating there is no pool safety certificate in effect
  • If the property is part of a community titles scheme:
    • A copy of the community management statement
    • Either a body corporate certificate or an explanatory statement explaining why the certificate is not available
  • If the property is part of a BUGTA scheme:
    • Either a body corporate certificate or an explanatory statement explaining why the certificate is not available
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How does this affect me as a seller?

As a seller, you must give the buyer all required disclosure documents before they sign the contract. These changes mean you will need to prepare some extra paperwork when selling your property. While this adds a few more steps, it can actually work in your favour. By identifying any issues early, you have the chance to fix them before the buyer commits. This helps the buyer make an informed decision and reduces the risk of the contract being cancelled later.

It is a good idea to speak with your solicitor as early as possible. Ideally, this should happen around the same time you meet with your real estate agent. That way, your disclosure documents can be prepared ahead of time, to simplify the selling process.

Guide for sellers
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What should I be aware of as a buyer?

Seller disclosure documents give you useful information about the property before you make an offer. If the documents are incomplete, you may have the right to terminate the contract. If they contain incorrect or misleading information that is considered significant, you may also be able to end the contract. Keep in mind that these documents do not cover everything. You will still need to carry out your own searches and investigations after the contract is signed.

It is strongly recommended that you seek legal advice before signing. A solicitor can help you understand what the disclosure documents mean, what might be missing, and what other information you should request. You should also talk to your solicitor about any concerns you have. This will help make sure you get the right information before signing the contract and before settlement.

Guide for buyers

What are the common myths surrounding seller disclosure?

Myth: Seller disclosure leads to delays

Preparing seller disclosure documents does involve some extra work before listing a property, but it does not need to slow things down. In fact, having accurate documents ready early can help avoid delays later. Buyers who understand the property upfront are less likely to raise concerns or back out of the contract. Sellers can prepare these documents alongside other listing tasks like cleaning, staging and photography. If you are selling an apartment, speak to your solicitor early, as body corporate certificates can take time to obtain. Getting ahead of these requirements helps the process run more smoothly.

Myth: Buyers can terminate more easily 

The new laws do not give buyers a free pass to walk away. A buyer can only terminate the contract if the disclosure documents are incomplete or contain significant errors. This means the risk of cancellation only arises if something important is missing or incorrect. Sellers can reduce this risk by working with a solicitor to make sure the documents are accurate and complete. Legal advice is recommended for both buyers and sellers to help avoid misunderstandings and ensure everyone is protected throughout the transaction.

Myth: No more buyers beware 

Seller disclosure helps buyers make more informed decisions, but it does not replace the need for careful checks. The documents do not include everything a buyer might want to know. For example, they do not cover flood history, structural soundness, pest issues, or whether the property has the right building approvals. Buyers should still arrange inspections and speak to a solicitor about additional searches after signing the contract. The disclosure rules bring together existing legal obligations in one place, but buyers still need to do their own due diligence to make sure the property is right for them.

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