Queensland Seller Disclosure: What Property Sellers Need to Know
Updated: Sep 18
The new rules every Brisbane property seller should understand
Selling a property is no longer simply a matter of putting up the sign, finding a buyer and signing a contract.
Since 1 August 2025, Queensland has had a new mandatory seller disclosure scheme under the Property Law Act 2023 (Qld).
For most Queensland property sales, sellers must provide prescribed information and documents to the buyer before the buyer signs the contract.
For sellers, this means one thing:
Disclosure needs to be organised before you have a contract on the table.
Getting it right can help your sale proceed smoothly. Getting it wrong can create unnecessary legal and settlement risk.
What is Queensland's Seller Disclosure Scheme?
The new scheme replaced Queensland's previous approach with a more structured system requiring sellers to provide buyers with key information about the property upfront.
The scheme applies broadly to the sale of:
Houses
Units and apartments
Townhouses
Commercial property
Industrial property
Rural property
Vacant land
There are exceptions, but they are limited.
The important change for sellers is the timing.
The disclosure statement and prescribed documents generally need to be provided before the buyer signs the contract.
What does a seller need to disclose?
The central document is the Form 2 Seller Disclosure Statement.
It contains prescribed information about the property and must be accompanied by relevant prescribed certificates and documents.
Depending on the property, these can include information relating to:
Property and title
Seller details
Property address
Lot and plan details
Title information
Registered interests and encumbrances
Survey plan
Planning and regulatory matters
The disclosure requirements can include relevant notices and matters under legislation relating to:
Planning
Building
Environmental protection
Queensland Building and Construction Commission requirements
Certain tree matters
Other prescribed legislation
Body corporate properties
For apartments and other community-title properties, additional documentation may be required, including relevant body corporate certificates and community management information.
Pools
Where applicable, a pool safety certificate or relevant notice may need to be provided.
The exact disclosure requirements depend on the property, so sellers should obtain advice about their individual circumstances.
When does disclosure need to happen?
This is one of the most important parts of the new scheme.
Before the buyer signs the contract.
Not after.
Not when the buyer asks.
Not at settlement.
The seller, or an authorised agent, must provide the required disclosure statement and prescribed certificates to the buyer before the contract is signed. Sellers should also retain evidence that disclosure was provided.
For auctions, different procedures apply, but the disclosure information must still be provided or made available to prospective buyers before the fall of the hammer.
What happens if disclosure is missing or incorrect?
This is where sellers need to pay attention.
If the required disclosure documents aren't provided, or there is an inaccurate or incomplete disclosure concerning a material matter, the buyer may have a right to terminate the contract before settlement, subject to the requirements in the legislation.
For an inaccurate or incomplete disclosure, the legislation requires, among other things, that:
The issue is material.
The buyer was unaware of the correct position when signing.
The buyer would not have signed the contract had they known the correct position.
The buyer's termination right can be exercised before settlement where those statutory requirements are met.
Why does this matter?
Because a disclosure issue discovered after a contract has been signed can potentially turn a straightforward sale into a legal problem.
That is exactly what sellers want to avoid.
What isn't necessarily covered by the Form 2?
An important point for sellers and buyers:
Seller disclosure is not a substitute for the buyer's own due diligence.
The prescribed disclosure statement does not cover every possible issue with a property.
For example, the Queensland Government's Form 2 specifically warns that the statement does not include information about matters such as:
Flooding or natural hazard history
Structural soundness
Pest infestation
Current or historical use
Certain building or development approvals
Some planning limitations
Services connected to the property
Asbestos within buildings or improvements
Buyers are encouraged to make their own enquiries about these matters before signing.
For sellers, this reinforces the importance of working with the appropriate legal professionals rather than assuming the Form 2 answers every possible question about the property.
Who is responsible for seller disclosure?
Ultimately, the seller has the legal obligations under the scheme.
However, an authorised real estate agent can provide the disclosure documents to the buyer on the seller's behalf.
This is where having your disclosure organised early becomes important.
At Octave Realty, we work with sellers and their legal representatives or if preferred, our legal partners to make sure the required information is identified and prepared as part of the sales process.
Are there exemptions?
Yes.
The legislation contains specific exceptions to the seller disclosure scheme.
Examples can include certain sales involving:
The State or government bodies
Certain statutory or constructing authorities
Related parties
Listed corporations
Local councils in specified circumstances
Transactions above $10 million where the buyer waives disclosure
The full list of exceptions is contained in the legislation, and whether an exemption applies depends on the circumstances of the particular transaction.
Don't assume your sale is exempt.
If you're unsure, obtain independent legal advice before proceeding.
What should sellers do before listing?
The best time to think about seller disclosure is before your property hits the market.
We recommend sellers start preparing early.
Pre-sale checklist
☐ Confirm your legal ownership details
☐ Obtain an up-to-date title search
☐ Obtain the relevant survey plan
☐ Identify whether the property is part of a body corporate/community titles scheme
☐ Obtain relevant body corporate documentation where required
☐ Check whether a pool safety certificate is required
☐ Identify relevant planning, building or environmental notices
☐ Gather relevant property documentation
☐ Have the Form 2 prepared appropriately
☐ Ensure prescribed certificates are current
☐ Provide disclosure before the buyer signs
☐ Keep evidence that disclosure was provided
Your solicitor or conveyancer can advise you about the documents and requirements applicable to your property.
What does this mean for apartment and townhouse sellers?
Seller disclosure is particularly relevant to Brisbane apartment and townhouse owners.
If your property is part of a community titles scheme, additional information may be required, including relevant body corporate documentation.
That means sellers should allow time to obtain the required information rather than waiting until they have an unconditional buyer ready to sign.
Preparation matters.
Does seller disclosure make selling more difficult?
Not necessarily.
It simply means that disclosure becomes an important part of the front end of the sales process.
In fact, getting the paperwork organised early can make the transaction more efficient.
Instead of scrambling for documents after you've negotiated a price, you can have the relevant disclosure information ready before a buyer signs.
That means:
Less scrambling.Fewer surprises.A clearer process.
Why seller disclosure matters to your sale
A property transaction involves significant money, legal obligations and deadlines.
The last thing you want after negotiating a successful sale is to discover that an important disclosure document wasn't provided correctly.
That's why we believe seller preparation should begin before the first offer arrives.
At Octave Realty, we don't just think about how to market your property.
We think about the entire transaction.
From preparing the property and positioning it in the market, through to contract and settlement, our approach is designed to keep the process clear, organised and commercially focused.
Selling in Queensland?
Start with the paperwork before you start the marketing.
If you're considering selling your Brisbane property, Octave Realty can help you understand what needs to be prepared before your property goes to market and coordinate with your solicitor or conveyancer where appropriate.
Prepare properly. Market strategically. Sell with clarity.
We also offer in-house conveyencing through our legal partners.
Octave Realty
Property with clarity.
Disclaimer: This article provides general information only and does not constitute legal, financial, tax or conveyancing advice. Seller disclosure requirements vary according to the property and transaction. Sellers should obtain independent legal advice regarding their obligations under the Property Law Act 2023 (Qld). Information current at the time of publication and subject to legislative change.
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