New Seller Disclosure Requirements Commencing 1 August 2025 (Qld)
Effective from 1 August 2025, Queensland will implement a new statutory seller disclosure regime that will fundamentally reform the process of residential property transactions across the state. Pursuant to the Property Law Act 2023 (Qld), sellers will be legally required to provide a Seller’s Disclosure Statement to prospective buyers before the buyer executes the contract of sale.
What is the Seller’s Disclosure Statement?
The Seller’s Disclosure Statement is a formal, legally prescribed document that sets out material facts and key information about the property for sale. The regime is intended to enhance transparency, providing purchasers with a comprehensive and accurate understanding of the property’s legal and physical characteristics prior to contract formation.
This obligation marks a shift in Queensland’s property law by relieving buyers from the burden of conducting exhaustive due diligence and placing the onus on vendors to disclose relevant matters upfront. The Statement must be signed by the seller and accompanied by all prescribed certificates and documents, in accordance with the legislation and regulations.
The following matters must be included:
Environmental Registers: Sellers must disclose if the property is recorded on the Environmental Management Register or Contaminated Land Register, including any notices issued under the Environmental Protection Act 1994 (Qld).
Heritage Listings: It must be disclosed whether the property is listed on the Queensland Heritage Register or recognised under the World Heritage List pursuant to the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Encumbrances: Details of all registered and unregistered encumbrances, such as easements, covenants, or mortgages—must be included, as these may impact the buyer’s intended use or enjoyment of the property.
Title and Plan Details: Information regarding the property’s legal ownership and cadastral mapping must be provided.
Zoning Information: The zoning designation of the property under applicable local planning schemes must be disclosed, as it may influence permitted land uses and future development.
Transport Infrastructure Proposals: Any formal notices from government authorities concerning proposed transport infrastructure that may affect the property or alter its boundaries must be declared.
Tree Disputes: Disclosure is required for any existing orders or pending applications under the Neighbourhood Disputes Act 2011 (Qld) that affect the property.
Swimming Pool Compliance: If a swimming pool is present, sellers must state whether a current pool safety certificate exists or whether a notice has been issued indicating the absence of certification.
Unresolved Notices: Any outstanding show cause or enforcement notices issued under the Building Act 1975 (Qld) or the Planning Act 2016 (Qld) must be identified.
Tenancy Arrangements: Where the property is subject to an existing residential tenancy agreement, this arrangement must be disclosed to the buyer.
Owner-Builder Works: If construction was carried out under an owner-builder permit within the past six years, a statutory notice under section 47 of the Queensland Building and Construction Commission Act 1991 (Qld) is required.
Rates and Water Charges: A current summary of local government rates and water charges applicable to the property must be included.
Consequences of Failing to Disclose
If a seller fails to provide a valid and complete Seller’s Disclosure Statement before the contract is signed, the buyer may have the right to terminate the contract at any time prior to settlement.
In such cases, the buyer is entitled to a full refund of any deposit and monies paid under the contract and may also seek compensation for losses resulting from the failure to disclose.
The Seller Disclosure Regime will not apply to the following:
Contracts that give effect to a court order or a financial agreement made under the Family Law Act 1975 (Cth).
Transfers of land between parties without consideration (i.e. gifts).
Transactions involving the State, Commonwealth, or a local government authority; a statutory body; a listed corporation; or a subsidiary of a listed corporation.
Contracts for the sale of a lot pursuant to the Acquisition of Land Act 1967 (Qld).
Sales involving related parties.
Contracts for the transfer or sale of leasehold land.
Transfers involving a water allocation.
Sales of units in buildings held under company title.
Off-the-plan contracts
Supporting You Through Queensland’s New Disclosure Regime
With the introduction of Queensland’s new seller disclosure requirements, both sellers and agents face greater compliance obligations. Our experienced property law team is ready to assist you at every stage, ensuring your disclosure documents are accurate, comprehensive, and fully compliant with the newly introduced legislative requirements.
From drafting the Seller’s Disclosure Statement to coordinating essential certificates and property searches, we work proactively to minimise legal risk and streamline your transaction.
Don’t let an oversight jeopardies your sale. Contact our team today for practical guidance and tailored support to help you meet your disclosure obligations with confidence.
