New Seller Disclosure Requirements
Article by Shannen Stephan
Starting from 1 August 2025, changes to legislation means the conveyancing process has changed for anyone buying or selling property in Queensland. Under the Property Law Act 2023 (Qld) (Act), most sellers are now required to provide a comprehensive Seller Disclosure Statement, which outlines key information regarding their property, to all prospective buyers prior to signing the Contract.
In short, Seller Disclosure Statements must include the following information:
- the full name of all Sellers registered on title;
- the property address;
- the lot-on-plan description of the property;
- information regarding council rates;
- information regarding water usage; and
- zoning information.
However, if any of the following matters affect the property, sellers must also include additional details:
- prescribed information relating to the Body Corporate;
- details of any unregistered encumbrances on the lot (e.g. leases and tenancy agreements);
- a QBCC pool safety compliance certificate;
- state or world heritage listings;
- environmental management or contaminated land registers;
- environmental enforcement orders;
- prescribed transitional environmental program;
- any notice to resume land;
- any notices regarding a transport infrastructure proposal;
- any notices relating to building applications; and
- applications or orders in relation to a tree.
To accompany the Seller Disclosure Statement, sellers must also provide any relevant prescribed certificates to the Buyer. Prescribed certificates may include, but are not limited to:
- a land title search;
- a copy of the registered survey plan;
- a copy of any unregistered encumbrances (for example, unregistered leases or general tenancy agreements);
- a Body Corporate certificate, including the Community Management Statement for the Scheme;
- a pool compliance certificate; and
- copies of any notices associated with the property, including building or show cause notices, notices to do works, notices of intention to resume the lot, notices of any transport infrastructure proposals or notices in relation to trees.
The Seller Disclosure Statement and all prescribed certificates must be accurate at the time they are given to buyers, which must be at any time before a buyer signs a contract. If a buyer is given inaccurate information relating to a material matter affecting the property, the buyer may have the opportunity to terminate the contract if there is reasonable belief that the buyer would not have signed the contract if they had known of the matter. This may also result in buyers making claims against sellers for damages flowing from the provision of inaccurate disclosure.
If sellers fail to provide buyers with a compliant Seller Disclosure Statement prior to buyers signing a contract, buyers may also be entitled to terminate the contract at any time before settlement at their sole discretion.
Given this, it is important for all sellers to seek the assistance of a legal professional prior to signing a contract to ensure compliant disclosure is provided. Otherwise, sellers may be at risk of losing their sale or facing claims by buyers for inaccurate disclosure.
If you are planning to sell your property, or if you would like to know more about the new Seller Disclosure requirements, please do not hesitate to contact our friendly conveyancing team!
