New Seller Disclosure Scheme in Queensland 2025 Update

What Queensland Property Sellers Need to Know About the New Seller Disclosure Regime

Queensland’s property laws will see the Property Law Act 2023 (Qld) come into effect on 1 August 2025, with sellers facing new obligations and risks when selling their properties.

What is the new Seller Disclosure Regime in Qld?

One of the changes introduced by the new Act is the Seller Disclosure Regime. From August, sellers must provide a Seller Disclosure Statement to buyers before a contract is signed. This document requires sellers to disclose detailed and relevant information about the property, shifting Queensland’s property sales practices closer to those in other Australian states.

Why the Change?

The Property Law Act 2023 replaces the outdated 1974 Act and reflects years of consultations, legal reviews, and comparisons with other jurisdictions. For the first time, sellers must be transparent about a broad range of issues that could affect buyers, enhancing fairness and reducing surprises post-sale.

What Must Sellers Disclose?

Starting 1 August 2025, sellers need to include in the Seller Disclosure Statement:

• Details of all encumbrances (registered or unregistered)

• The zoning classification of the property

• Any existing residential tenancy agreements

• Recent rates and water assessments

• Potential issues such as:

  • Possible resumption for transport projects

  • Contamination risks

  • Tree preservation orders

  • Heritage listings

  • Owner-builder work

  • Local government notices

• Copies of the title search, registered plan, and other relevant certificates

• For properties in community title schemes, a community management statement and body corporate certificate

There is currently no legal requirement to disclose a property’s flood history.

Read about property insurance with our guide here. 

The Seller Disclosure Statement must be signed by the seller or their agent before it’s handed over to the buyer. Courts are likely to interpret this as a strict rule, with potential contract termination consequences for non-compliance.

Are There Any Exceptions?

Exceptions include:

• Contracts between related parties

• Transactions where the buyer is a government body

• Boundary realignments or co-owner transfers

• Sales of properties priced over $10 million

• Certain option agreements (with conditions)

Notably, the new rules currently do not apply to off-the-plan sales, only registered lots.

What Happens if Sellers Don’t Comply?

Failing to provide a complete and accurate Seller Disclosure Statement before contract signing can give the buyer grounds to terminate the contract. This applies if the statement is missing, incomplete, or contains inaccuracies.

• If termination is due to missing or incomplete documents, the buyer does not need to prove they were affected.

• If termination is based on inaccuracies, the buyer must show that the issue was material and that they would not have signed the contract had they known the truth.

What Does This Mean for Sellers?

This new regime increases sellers’ responsibilities significantly:

• Higher upfront costs: Sellers will need to pay for multiple searches and certificates before contract signing, which can add $200–$300 or more per property.

• Potential delays: Searches must be current, so sellers can’t prepare these documents too early. Waiting for search results and body corporate certificates especially with the expected surge in requests could slow down sales.

• Increased legal risk: Mistakes or omissions can lead to contract termination, even if the buyer’s decision was only marginally influenced.

• Shift in roles: Real estate agents might step back from preparing contracts, with solicitors taking a bigger role to manage the legal complexities.