PLA Seller Disclosure: Ready or not, the new seller’s disclosure regime in Queensland is imminent
Sellers of land in Queensland should be aware that from 1 August 2025, the new seller’s disclosure regime begins. The new regime represents a fundamental change in the way property is bought and sold in Queensland under the Property Law Act 1974 (PLA).
Subject to limited exceptions, compliance by sellers with the new regime is mandatory and applies to the sale of land in Queensland regardless of when the property was listed for sale.
WHAT IS THE REGIME?
Broadly speaking, under the new PLA seller disclosure regime, sellers must give prospective buyers a completed and signed disclosure statement (in the approved Form 2 Seller disclosure statement) together with certain certificates relevant to the property as prescribed by law.
Certain additional information and forms must be given to buyers if the land forms part of a community title (body corporate) scheme.
WHY MUST SELLERS COMPLY WITH THE NEW REGIME?
If the seller does not give the disclosure statement to the buyer before the buyer signs the contract, the buyer can terminate the sale contract at any time up to settlement.
If the seller gives the buyer inaccurate or incomplete information, the buyer may have a right to terminate the sale contract at any time up to settlement.
WHAT MUST BE INCLUDED IN THE DISCLOSURE?
The Form 2 Seller disclosure statement sets out information that must be disclosed including:
- Registered encumbrances;
- Unregistered encumbrances;
- Statutory encumbrances;
- Zoning;
- Transport proposals and resumptions;
- Contamination;
- Unlicensed building work under owner builder permit;
- Notices and orders; and
- Rates and charges.
The certificates that must be given with the above statement include:
- The title search and registered plan;
- Notices issued under certain building and planning legislation (e.g. Queensland Building and Construction Commission Act 1991 or Building Act 1975);
- Notices given to complete work or spend money on the property;
- Pool compliance certificate;
- A notice, order, proposal or correspondence about transport infrastructure, resumption, or local transport infrastructure;
- Documents relating to heritage registers; and
- Material relating to community title schemes.
WHAT TO DO NEXT?
There will be a time lag between placing an order for some of the information (searches) you must include in the disclosure statement and the delivery of that information from relevant government departments.
Sellers will also need to gather other necessary information and documents (from their own records) that must be included in the disclosure statement.
If you are planning to sell a property (residential or commercial) on or after 1 August 2025, you should consider making an early start on having a compliant Form 2 Seller Disclosure Statement prepared for the sale of your property.
HOW CAN WE HELP?
We have significant experience in property and development contracts and are well placed to assist sellers in ensuring their contract and disclosure documentation complies with statutory requirements for PLA seller disclosure.
If you need our assistance to ensure you comply with the new regime or wish to discuss the new regime further, please contact our Property team.
The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
