Property Seller Disclosure Scheme (Qld)

In August 2025, Queensland replaced its Property Law Act 1974 with the Property Law Act 2023. This represents the biggest overhaul of Queensland’s property law system in 50 years, with the biggest change being the introduction of a new property seller disclosure scheme. This page outlines the new laws.

Mandatory property seller disclosure

Under the new scheme, a seller of property must provide the buyer with the following documents:

• a seller disclosure statement (Form 2); and
• prescribed certificates such as Body Corporate Certificate and Pool Safety Certificate.

Under section 100, there are exceptions to this requirement where the parties are related, where the buyer waives the requirement, and where the buyer is a government, a corporation, or a statutory body.

What must be disclosed?

A seller must disclose the following information in relation to the property:

Unregistered encumbrances

Unregistered encumbrances are encumbrances that are not registered on the title that will continue to affect the property after the sale. Examples of unregistered encumbrances are:

• easements that have not been registered
• leases
• licences for other parties to use the land
• unregistered mortgages or charges
• equitable interests such as an option to purchase
• restrictive covenants or agreements
• court orders affecting the way the land can be dealt with.

Statutory encumbrances

Statutory encumbrances that are likely to apply to property in Queensland include:

• the right of electricity companies to access, install or maintain infrastructure
• the right of water companies to access, install or maintain water and sewerage pipelines
• the right of telecommunication carriers to inspect, maintain and upgrade equipment
• the right of gas suppliers to access the property for installation and maintenance
• statutory charges for unpaid rates and utilities
• mining leases and exploration permits
• petroleum exploration rights and geothermal exploration permits
• compulsory acquisition processes.

Tenancies

Tenancies such as residential tenancies and rooming accommodation agreements must be disclosed if they have been on foot during the previous 12 months.

Land use, planning and environment

The seller must disclose anything that may affect how the buyer may use the land that arises out of:

• in the local planning and zoning scheme
• the development approvals attaching to the land and the infrastructure agreements with local government or council
• environmental restrictions and obligations
• resumptions and government proposals affecting the land’s use.

Buildings and structures

The seller must also disclose anything that could affect the safety, compliance or legal use of any structures on the land. This includes pool safety compliance, building compliance and enforcement, any owner-builder work that has been done, and any other relevant structural matters.

What does not have to be disclosed?

A seller is not required to disclose everything when they complete a Form 2. They do not have to disclose:

• flooding or natural hazards
• building condition or defects
• utility service details
• historical planning or building approvals
• general neighbourhood or lifestyle factors
• title matters that do not affect ownership or use of the property.

However, if a seller makes a statement about a property that is misleading or deceptive, they can still be liable under consumer law, even where the Form 2 requirements were met.

What has changed?

Under the 1974 Act, there was no general requirement for sellers to give a disclosure statement prior to a sale. It was a ‘buyer beware’ scheme, under which buyers were required to do their own due diligence.

There was no statutory right for a buyer to terminate a contract for lack of disclosure.

In contrast, under the 2023 Act, mandatory seller disclosure must be given using prescribed forms prior to the buyer signing the contract.

A buyer can terminate an agreement if disclosure is not given prior to signing, if it is materially inaccurate or misleading, or if material information is omitted.

Reasons for the new property seller disclosure scheme

The 1974 Act was drafted for a very different property market, and before conveyancing was done electronically. It did not deal well with modern settlement processes.

The old Act was based on the principle of ‘buyer beware’, which meant that serious issues often only emerged after contracts had been signed, which led to mistrust between parties and last-minute terminations.

There was no single consistent disclosure requirement under the old Act; instead, buyers relied on their own due diligence and scattered requirements under different legislation.      

A review of the property law system conducted between 2013 and 2017 found that many buyers assumed that key information would be disclosed, did not know how to find certain information themselves, and were disadvantaged in time-pressured negotiations.  

The reform of the Queensland property law system aimed to bring the state’s laws into line with other jurisdictions and to modernize and streamline the property system.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.