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Queensland Seller Disclosure Statement: What Sellers Must Provide

From 1 August 2025, Queensland introduced a mandatory seller disclosure scheme under the Property Law Act 2023 (Qld). If you’re selling a house, unit, townhouse, vacant land or even a commercial property, you must give a buyer the approved Form 2 – Seller Disclosure Statement plus prescribed certificates before the buyer signs the contract. If you miss something material, or disclose late, the buyer may be able to terminate up to settlement

This guide explains what QLD seller disclosure is, when it applies, exactly what to include, common mistakes, and how agents and solicitors can prepare it. 

Key Takeaways

  • Mandatory from 1 Aug 2025: QLD seller disclosure is required before a buyer signs (and before the fall of the hammer at auction).
  • What to give: The approved Form 2 – Seller Disclosure Statement plus prescribed certificates (title/plan, relevant planning-environment-building/QBCC notices, pool safety; CMS + body corporate certificate for community titles).
  • Who/what it covers: Houses, units/townhouses, commercial and vacant land; disclosure can be prepared/served by the seller, solicitor, or authorised agent.
  • Buyer rights: Buyers may terminate up to settlement if disclosure was missing, late, or inaccurate/incomplete about a material matter they didn’t know and wouldn’t have signed if they had.
  • Practicalities: Allow 1–2 weeks (longer for body corporate/council items), keep proof of delivery, and note some items (e.g., flooding history, structural soundness) aren’t specifically required, misleading conduct still isn’t allowed.
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What is Queensland Seller Disclosure?

Queensland seller disclosure is a set of mandatory pre-contract documents a seller must give a buyer under the Property Law Act 2023. It standardises what must be disclosed and when, bringing Queensland into line with other states that already have disclosure schemes. 

Why it matters:

  • It improves transparency and reduces nasty surprises.
  • It clarifies buyer termination rights if disclosure is missing or wrong.
  • It modernises Queensland property law and updates processes that sellers, buyers, agents and conveyancers use every day.

When Does it Apply and Who Does it Cover?

The scheme applies to sales of:

  • Residential property (houses, townhouses, units)
  • Commercial property
  • Vacant land 

Sales channel: It applies to private treaty and auctions. For auctions, disclosure documents must be given or made available before the fall of the hammer. 

Who can prepare/give it? The seller can prepare/give disclosure themselves, or authorise their real estate agent or solicitor to do it. In Queensland, agents may prepare and exchange the Form 2 if expressly authorised, but must not give legal advice.

If you’re selling by auction, make sure you understand the campaign flow and bidder expectations, our  Selling Property at Auction – Pros/Cons & Tips guide is a great primer. Selling by private treaty? Start here: What Is Private Treaty – Pros & Cons

Exactly What Must be Disclosed (and What’s Not Required)

Before any buyer signs, you must complete the approved Form 2 – Seller Disclosure Statement and attach the prescribed certificates relevant to your property.

Form 2: Overview and Timing

  • What: The Form 2 collects the specific information the law requires about your property (see Parts 1–4 below).
  • When: It must be given before the buyer signs.
  • Where to find: Use the Queensland Government’s approved form and guide. 

Prescribed information to include (Form 2, Parts 1–4)

Part 1: Seller & property details

  • Seller name, property address, lot/plan.

Part 2: Title, encumbrances & tenancies

  • Title searches
  • Encumbrances (registered and unregistered, e.g., informal leases/easements) and statutory encumbrances
  • Residential tenancy or rooming accommodation agreements (if required). 

Part 3: Land use, planning & environment

  • Zoning
  • Proposed transport infrastructure notices (if you’ve been given one)
  • Any notice of intention to resume (compulsory acquisition)
  • Whether land is on the Contaminated Land Register or Environmental Management Register
  • Neighbourhood Disputes (Dividing Fences and Trees) applications or ordersHeritage listing (if applicable).

Part 4: Buildings & structures

  • Whether there is a swimming pool on the lot (or, for community titles/BUGTA schemes, on common property)
  • Notices under the QBCC Act, Building Act 1975, and Planning Act 2016. 

Prescribed certificates you may need to attach

Depending on the property, you will need some or all of:

  • Title search and survey plan
  • Notices under the Environmental Protection Act 1994, QBCC Act, Building Act, Planning Act
  • Any Neighbourhood Disputes tree application or order
  • Pool safety certificate (if applicable)Community titles scheme: Community Management Statement (CMS) and a body corporate certificate
  • BUGTA scheme: body corporate certificate.

What you don’t need to include

The scheme does not require disclosure of things like:

  • Structural soundness of the building
  • Flooding history
  • Previous building or development approvals

(Other consumer laws still prohibit misleading or deceptive conduct, get advice if in doubt.)

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How to Prepare Your Queensland Seller Disclosure Pack (Step-By-Step)

A smooth transaction starts with early preparation. Here’s a practical, repeatable workflow for sellers and agencies.

Step 1: Start early & set up your team

  • Appoint a solicitor and/or authorise your agent to prepare/give disclosure.
  • Gather IDs, property details, prior contracts, tenancy documents (if any). 

Step 2: Order searches & certificates

  • Title search and survey plan
  • Statutory notices under Environmental Protection, QBCC, Building Act, Planning Act
  • Pool safety certificate (if applicable)CMS & body corporate certificate (for community titles)
  • Any Neighbourhood Disputes tree orders.

While you order searches, set a budget so costs don’t surprise you. Use our Costs of Selling a Property – Calculator and check typical Conveyancing Costs – Fees by State.

Step 3: Complete Form 2 accurately

  • Work through Parts 1–4 of the form, checking dates and lot/plan details.
  • Double-check any material matters a buyer wouldn’t reasonably know. If uncertain, get legal advice, agents must not give legal advice.

Step 4: Give the documents correctly (and keep proof)

  • Provide the Form 2 + certificates before the buyer signs, in person, post or electronically.
  • Keep proof of delivery (e.g., read receipt, signed acknowledgement). 

Step 5: Auctions

  • Ensure the full disclosure pack is available before the fall of the hammer.
  • Keep a record of availability and access provided to bidders.

Who Should Prepare It: Agent vs Solicitor?

In Queensland, real estate agents can prepare and exchange the disclosure if they have express written authority (e.g., included in your PO Form 6 and sales schedule). Many sellers still engage a solicitor to oversee accuracy and risk. Agents must keep their role administrative only, no legal advice or interpreting complex search results.

Agency workflow suggestion

  1. Intake & Authority: Include Form 2 authority in your listing paperwork.
  2. Searches: Use standardised search authority templates.
  3. Draft: Populate Form 2 strictly from seller instructions and search results.QA: Internal check → send to seller/solicitor for confirmation.
  4. Issue & Record: Serve disclosure and file proof of service.
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Final word

Queensland seller disclosure is now a routine but critical step in every sale. Build it into your listing timeline, get your certificates early, and keep proof of delivery. With a clean, complete Form 2 pack ready before you negotiate, you’ll avoid delays, protect your sale, and give buyers the confidence to sign.

FAQs

Is seller disclosure mandatory in QLD?

Yes. From 1 August 2025, sellers must give buyers a completed Form 2 Seller Disclosure Statement and prescribed certificates before the buyer signs the contract.

Do I need to disclose flooding history or structural issues in Queensland?

No, these are not specifically required in Form 2. However, other laws still prohibit misleading conduct, so get legal advice if you’re unsure.

Can a buyer terminate if disclosure is wrong or late?

Potentially, yes. If you didn’t disclose, or your disclosure was inaccurate/incomplete about a material matter the buyer didn’t know and wouldn’t have signed if they had, they can terminate up to settlement.

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