New Seller Disclosure Laws

Published by Parker Law QLD

New Seller Disclosure Laws – What You Need to Know Before Selling Property in Queensland (Effective 1 August 2025)

From 1 August 2025, new seller disclosure laws will take effect across Queensland under the Property Law Act 2023 (Qld). This represents a major shift in how residential property transactions are handled, replacing the traditional buyer beware model with a more transparent seller disclosure approach, similar to the systems in New South Wales and Victoria.

These changes are designed to protect buyers by requiring sellers to provide key property information before a contract is signed. Here’s what sellers and agents need to know.

Key Takeaways for Sellers

1. New Contracts

A new version of REIQ contract is to be used from 1 August 2025.  It must be used from 1 August 2025 as it coincides with the new disclosure requirements.

2. Mandatory Disclosure Requirements

Sellers must provide a set of prescribed documents and certificates before the buyer signs the contract. Some of the information in the form includes:

  • Seller and property details.

  • Title search and plan.

  • Information on encumbrances (registered and unregistered).

  • Tenancy details (if applicable).

  • Zoning information.

  • Notices from government entities about proposed transport infrastructure.

  • Environmental registers and notices.

  • Tree disputes or orders.

  • Heritage listings (State or World Heritage).

  • Pool safety certificates (or notices of non-compliance).

  • Owner-builder notices (for works within the past 6 years).

  • Unresolved show cause or enforcement notices.

  • Details of rates and water charges.

Prescribed certificates may include:

  • Copy of any owner builder notice.

  • Copy of any outstanding show cause notice or enforcement notice.

  • Copy of notice or order from a competent authority requiring work to be done or money to be spent in relation to the property – for example requisition notice.

·         Copy of EPA notice – if on contamination land or environmental register.

  • Certain documents relating to a tree under Neighbourhood Disputes legislation.

  • Certain documents relating to the location of transport infrastructure on the land.

  • Notice of intention to resume.

  • Pool safety certificate or the prescribed Form 38 Notice there is no certificate.

For community title properties (or under BUGTA), sellers must also provide:

  • The latest Community Management Statement (if there is one).

  • A current Body Corporate Certificate or Explanatory statement on why a certificate cannot be provided.

3. Standardised Disclosure Form

Sellers are required to complete a standard disclosure form to ensure consistency and reduce the risk of disputes.  You can view the official form here:
👉 Download Seller Disclosure Statement (PDF)

4. Disclosure Must Be Provided Before Contract Signing

All disclosure documents and the signed statement must be provided before the buyer signs the contract. This ensures the buyer has adequate time to consider the information and make an informed decision.

5. Penalties for Non-Compliance

If the seller fails to meet the disclosure requirements, the consequences may include Termination of the contract by the buyer, particularly if they can show that the missing or incorrect information that is material.

6. Termination Rights Last Until Settlement

Even if disclosure is provided, buyers may terminate the contract at any point before settlement if Prescribed Certificates relating to the property being sold were not given to the buyer before the contract was signed or the disclosure statement(s) were incomplete or incorrect, that is materially prejudicial to the buyer.

 

How This Affects Sellers

These changes mean sellers should:

  • Start preparing early—gather documents and consult your solicitor or agent well in advance

  • Budget for additional costs associated with certificates and legal preparation

  • Expect longer contract preparation and review times

  • Understand the long-term benefit—a more transparent sales process may lead to fewer disputes and faster settlements

Important Note for Buyers

While the new regime improves access to property information, certain items are not covered by the seller’s disclosure:

  • Flooding or natural hazard history → Check Flood Maps

  • Structural issues or pest infestations → Building and pest inspections remain essential

  • Building approvals or certifications

  • Planning restrictions on property use

  • Utility service connections

  • Presence of asbestos

  • Environmental constraints (e.g., vegetation clearing, koala habitat)

  • Comprehensive review of body corporate records

Buyers should still undertake independent due diligence and seek legal advice before signing any contract.

Conclusion: Be Prepared for the Change

The new seller disclosure regime aims to create a fairer and more transparent property market in Queensland. At Parker Law QLD, we are here to help sellers navigate these changes confidently and ensure full legal compliance.

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