The property-market rules in Queensland have changed significantly. As of 1 August 2025, a new statutory disclosure regime takes effect, transforming what sellers must reveal when they sell real estate.
Why the change, and what it replaces
Historically, Queensland relied on a patchwork of common law, statutory obligations and contractual warranties when real estate was sold. Sellers had limited explicit disclosure requirements, often giving rise to uncertainty or disputes if issues emerged later.
The new disclosure regime – part of the Property Law Act 2023 (Qld) assisted by the Property Law Regulation 2024 – marks a major shift and was recommended following review of Queensland’s property laws. The aim is to make disclosure more transparent and consistent, ensuring buyers receive key information up front and reducing post-contract disputes.
The reform aims to bring Queensland closer into line with other jurisdictions where upfront seller disclosure is standard practice.
What the new regime requires from sellers
Under the new rules, sellers (or their authorised agents) must provide, before a buyer signs a contract:
- A completed and signed seller disclosure statement (the approved Form 2); and
- All prescribed certificates and documents relevant to the property – for example title searches, survey plans, and other compliance or statutory certificates depending on the property’s status (e.g. if part of a community titles scheme).
The disclosure statement must contain prescribed information (as per the Regulation) and be accurate at the time provided.
Specifically, sellers are expected to disclose:
- Title and lot details (lot/plan, address, legal description) including registered and unregistered encumbrances, such as easements, leases, unregistered mortgages or other interests.
- Zoning and land-use designations, planning-related information, and any statutory restrictions or notices (e.g. heritage listings, tree orders, environmental or contamination notices, potential resumption for infrastructure/transport projects).
- Existing residential tenancy or rooming-house agreements.
- Relevant body corporate certificates, community management statements and copies of bylaws.
- Recent rates and water assessments, any notices under building or planning legislation, owner-builder work notices, and other relevant statutory certification.
It is important to note what the regime does not require. There remains no blanket requirement to disclose building structural soundness, flood history, historical building approvals, or building and pest defects. Buyers are still encouraged to carry out their own inspections or investigations for those matters.
When the regime applies and possible exceptions
The requirement to provide seller disclosure applies to most sales of freehold land in Queensland for contracts entered into on or after 1 August 2025.
However, there are several exceptions. For example, disclosure may not be required if:
- The sale is between related parties, and the buyer waives the requirement in writing.
- The buyer is a government or statutory authority.
- The sale is part of a boundary realignment or transfer between co-owners.
- The transaction arises from exercise of an option agreement (under conditions set out in the Act).
- The sale is of very high value (specifically over $10 million, GST-inclusive), and the buyer gives a written waiver.
Also, the regime currently does not apply to off-the-plan sales (lots that are still proposed and not yet registered).
Because these exemptions can be nuanced, sellers are advised to seek independent legal advice to determine whether a particular sale is subject to the disclosure regime.
Consequences of non-compliance
Under the new rules, if the seller fails to provide the required disclosure statement and certificates, or provides information that is materially incomplete or inaccurate, the buyer may have the right to terminate the contract at any time before settlement.
This applies whether the sale is by private treaty or by auction. In the case of an auction, disclosure must be provided to all potential bidders before the “hammer falls”.
Importantly, the regime does not allow for contracting out – that is, sellers and buyers cannot agree to waive these disclosure requirements (except in the limited exceptions provided for by the Act).
Given these stakes, sellers need to take care. Incomplete or poorly prepared disclosure can lead to costly legal disputes, deposit refunds, delays and collapse of sales.
What this means for buyers, sellers and agents
For Buyers: The new regime is a major win for transparency. Instead of relying solely on private inspections, due diligence or contract warranties, buyers will get standardised information about the title status, encumbrances, planning, zoning, body corporate status and other relevant statutory matters before signing. This should make it easier to compare properties and avoid surprises, however buyers will still need to make sure they verify the information disclosed is accurate.
For Sellers: There is a higher burden, and preparation must begin early in the process. Sellers need to gather up-to-date title searches, survey plans, body corporate certificates, and flag any statutory notices or restrictions. Mistakes or omissions can carry serious consequences, and it will be prudent for sellers to engage a solicitor early in the sale process.
For agents and solicitors: The new regime may challenge and change workflows. Contracts for sale will need to be preceded by disclosure, and more lead-time may be required. In many cases, it may shift greater responsibility onto sellers and their solicitor to ensure compliance, particularly where body corporate or multiple certificates are involved.
What the regime doesn’t cover and what remains at the buyer’s risk
While the new disclosure regime is comprehensive, it does not cover everything a buyer might want to know. For example:
- There’s no general obligation to disclose the structural condition of buildings, such as defects, building and pest issues, or non-compliant renovations.
- Historical matters (such as non-registered building approvals, past renovations, or legacy defects) may remain outside the mandatory disclosures.
- Risks arising from flood history, bushfire risk, soil contamination or other environmental hazards may not automatically be disclosed, unless they are captured by a relevant statutory notice or certificate.
Because of this, buyers should continue to conduct independent inspections where relevant, just as they always have.
The arrival of the seller disclosure regime in Queensland represents one of the most significant reforms to property law in decades. For buyers, it’s a move forward in transparency and information parity. For sellers and agents, it adds obligations, but also clarity, by moving towards replacing a tangled array of obligations with a standardised disclosure process.
If you are planning to sell or buy a property in Queensland, it’s essential to familiarise yourself with the disclosure regime.
The above is general information only, and it is important that advice be sought about your specific circumstances. If you require advice or assistance with navigating Queensland’s property laws, contact the experienced team at Miller Sockhill Lawyers on 07 5444 4750.