Since 1 August 2025, anyone selling property in Queensland must give the buyer a seller disclosure statement and certain prescribed certificates before the buyer signs the contract. The rules come from the Property Law Act 2023 and apply to houses, units, vacant land and commercial property.
This guide explains what the statement covers, when it must be given, who is exempt, and what happens if it is missing or wrong.
What Is a Seller Disclosure Statement?
The seller disclosure statement is an approved form (Form 2). It sets out prescribed information about the property, mostly legal, planning and compliance matters. It is attached to, or given with, the prescribed certificates, such as a current title search and the registered plan.
It is not a building report. The seller does not have to list general defects such as a leaking roof or termite damage, so buyers should still arrange their own building and pest inspections.
When Must the Statement Be Given?
The seller, or their agent, must give the buyer the statement and certificates before the buyer signs the contract. They can be handed over in person, sent by post or provided electronically, and the seller should keep proof that the buyer received them.
For an auction, the documents must be given or made available to bidders before the fall of the hammer.
What Does a Seller Disclosure Statement Cover?
The form asks the seller to disclose matters such as:
- Title details and registered encumbrances, such as easements and covenants
- Unregistered and statutory encumbrances, including any residential tenancy
- Zoning and planning information, and any notice about proposed road or transport works or resumption of the land
- Environmental and heritage matters, such as entries on the contaminated land registers or heritage listing
- Whether there is a regulated pool and whether a pool safety certificate is in place
- Owner-builder work done in the last six years, and any notices or orders affecting the property
- Council rates and water charges
- For units and townhouses in a community titles scheme, a body corporate certificate
Who Is Exempt?
Disclosure is not required in a small number of situations, including where:
- the buyer is the State, a government body, a constructing authority or a listed corporation
- the buyer and seller are related parties
- the sale price is over $10 million and the buyer waives disclosure
- a local council is selling the land to recover unpaid rates
What Happens If the Statement Is Missing or Wrong?
If the seller does not give the statement and prescribed certificates before the buyer signs, the buyer can terminate the contract at any time before settlement. This applies even if the omission was unintentional.
If the documents were given but are inaccurate or incomplete, the buyer can terminate before settlement if the issue is material, they were not aware of it when they signed, and they would not have signed had they known. These rights cannot be removed by a special condition in the contract.
Where another law sets its own consequence for the same failure, such as the pool safety rules, that consequence applies instead.
Tips for Sellers
- Start preparing the statement before your property is listed, so it is ready when a buyer wants to sign
- Gather your title search, registered plan, rates notice, pool safety certificate and, for units, the body corporate certificate
- Check the statement is still accurate on the day the buyer signs, especially if anything changes during the campaign
- Have a conveyancer or solicitor prepare or review it, as errors can give a buyer a way out of the contract
Tips for Buyers
- Read the statement and certificates before you sign, not after
- Compare them with the contract and ask about anything unexpected, such as easements or zoning
- Still arrange building and pest inspections, as the statement does not cover the condition of the property
- Talk to your conveyancer straight away if you think something was missing or wrong
How CJC Law Can Help
Our team prepares seller disclosure statements for Queensland sellers and reviews them for buyers before they sign. Contact us for a fixed-fee quote.
