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November 1, 2025
Understanding the New Seller’s Disclosure Obligations Under the Property Law Act 2023

Big changes are coming for Queensland property sellers — and for the agents who represent them.

Starting 1 August 2025, the Property Law Act 2023 will introduce a completely new set of seller disclosure obligations, replacing the current fragmented framework.

In theory, the update aims to create clearer, more consistent standards for both sellers and buyers — improving transparency and reducing disputes during property transactions.

This article outlines what’s changing, what you need to disclose, and how to prepare before the new regime takes effect

Why the New Legislation Matters

Currently, Queensland’s disclosure requirements are spread across multiple laws and regulations, often creating confusion and inconsistency.

The new Property Law Act 2023 replaces this patchwork with a single, standardised approach.

Every seller will now have a defined list of disclosure obligations to meet before a property can be sold.

When done correctly, this new system should help buyers make better-informed decisions and ensure smoother, dispute-free settlements.

The new framework becomes mandatory from 1 August 2025, giving real estate professionals and sellers time to understand and adapt.

The Most Important Thing You Need to Know

On paper, the new disclosure regime might look simple — it’s just a form.

But here’s the key point:

It doesn’t matter how honest you were or how hard you tried — if you get it wrong, the consequences are the same.

If something is incorrect or missing, the buyer may have rights to terminate the contract or claim compensation, regardless of your intent.

This means accuracy and attention to detail are critical

Key Changes to Disclosure Obligations

The new rules focus on transparency and consistency. Under the previous system, disclosure varied by property type and rarely achieved uniform results.

Don’t be fooled — the new Form 2 Seller Disclosure Statement doesn’t include every disclosure under every law. There are still additional requirements outside the form that sellers must comply with.

Here’s what’s changing:

Standardised Format – Sellers must use the prescribed form for all required disclosures.
Expanded Disclosure Categories – Buyers will now receive a more comprehensive view of key property details.
Strict Penalties for Non-Compliance – Incorrect or incomplete disclosures can make a contract voidable or trigger legal action.

The New Seller’s Disclosure Obligations

Below is a summary of the main obligations that will apply under the Property Law Act 2023.
Some are familiar — others are completely new for Queensland sellers.

1. Title Details

Sellers must provide accurate and current title information, including:

  • A current title search and registered survey plan from the Land Titles Registry; and

  • Disclosure of any unregistered or statutory encumbrances, easements, or covenants affecting the property.

The new form lists specific types of unregistered encumbrances — a major change from the previous “free text” style disclosure.

2. Zoning and Planning Information

The form requires sellers to disclose:

  • The zoning and planning classification of the property; and

  • Any restrictions on development or use.

This helps buyers understand the lawful and potential use of the property (e.g., residential, commercial, mixed us

3. Government Notices, Registers and Approvals

Sellers must include details of relevant government notices or registers, including:

  • Outstanding building or development applications;

  • Transport or resumption proposals;

  • Contaminated or environmental protection register notices;

  • Tree orders or applications; and

  • Heritage listings affecting the property.

    4. Physical Defects or Significant Risks

    You must disclose any major physical issues or risks, such as:

    • Swimming pool compliance matters;

    • Unlicensed or owner-builder work within the last six years;

    • Any enforcement or rectification notices issued under the Building Act or related legislation.

      5. Rates, Utilities and Services

      You’ll also need to disclose:

      • Current rates and water charges applicable to the property; and

      • Details of utilities or essential services connected or available. 

6. Body Corporate Information

If the property forms part of a body corporate, sellers must include:

  • The latest Community Management Statement (CMS);

  • A copy of the body corporate certificate or an explanation if it’s unavailable; and

  • Details specific to Building Units or Group Titles Act schemes.Where to Find the New Form

    The Queensland Government has introduced a prescribed seller’s disclosure form to standardise the process.
    This form must be used for all sales once the new regime takes effect.

    Where to Find the New Form

    The Queensland Government has introduced a prescribed seller’s disclosure form to standardise the process.
    This form must be used for all sales once the new regime takes effect.

How to Prepare for the New Requirements

Preparation is key. Real estate agents and sellers should start now to ensure full compliance by August 2025.

Engage Early: Begin gathering the property’s documents and historical records as soon as possible.
Consult a Lawyer: Agents must not complete the disclosure forms — this is a legal responsibility. Always refer sellers to a qualified property lawyer.
Educate Sellers: Help clients understand their obligations and the risks of incorrect disclosure

Practical Takeaways for Agents and Sellers

The upcoming changes offer an opportunity to improve trust and professionalism in Queensland’s real estate market.

By helping sellers comply, agents can reduce legal risks and deliver smoother, more transparent transactions.

Here’s how to stay ready:

  • Familiarise yourself with the new Property Law Act 2023 and its prescribed forms.

  • Never complete a disclosure statement for your client — always refer them to a solicitor.

  • Incorporate disclosure-related questions into your pre-listing process.

  • Attend professional training sessions to stay informed.

If you’re unsure where to start, Venus Law Corporation can guide you through the changes and help ensure you’re fully compliant before the 1 August 2025 deadline.

Proactive preparation today means fewer risks tomorrow.

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