From 1 August 2025, all residential property sales in Queensland must include a completed Seller Disclosure Statement (Form 2) before a buyer signs the contract. This change, introduced under the Property Law Act 2023, aims to make property transactions more transparent and consistent across the state.
Whether you’re selling your home, an investment property, or a unit in a body corporate, you’ll need to understand what this new disclosure involves, when it’s required, and what happens if something is missed. Getting it wrong could give the buyer a legal right to terminate the contract, so preparation is key.
What Is a Seller Disclosure Statement in QLD?
A Seller Disclosure Statement is a legal document that outlines key details about a property being sold. It’s now mandatory in Queensland for most residential sales, including houses, townhouses, and units, under contracts signed from 1 August 2025.
The statement must be completed using the approved Form 2, which includes six parts covering things like property title details, encumbrances, zoning, environmental issues, and building approvals. Sellers must also attach relevant certificates, such as council searches or body corporate records.
The goal is to give buyers clear, standardised information up front, helping them make informed decisions and reducing the risk of disputes after settlement. Sellers who don’t comply risk the buyer pulling out of the contract under section 104 of the new laws.
Who Must Complete a Seller Disclosure Statement?
The disclosure requirement applies to most residential property sales in Queensland from 1 August 2025. This includes:
- Freehold houses
- Townhouses
- Apartments and units in a body corporate
- Vacant residential land
The statement must be completed before the buyer signs the contract. This also applies to auction sales, sellers must give the disclosure to registered bidders before the auction starts.
Exemptions
Some property types are excluded, including:
- Sales between related parties
- Properties sold for $10 million or more
- Government-owned land
- Certain court-ordered sales
- Commercial and industrial properties
If you’re unsure whether your sale qualifies for an exemption, it’s best to seek legal advice early. Mistakes can lead to contract termination and financial loss.
What Must Be Disclosed?
The Seller Disclosure Statement (Form 2) includes six key parts, each covering different aspects of the property. Sellers must provide accurate, up-to-date information and attach supporting documents where required.
What’s Included:
- Seller and Property Details
Names of sellers and legal property description. - Title and Encumbrances
Details about easements, mortgages, covenants, or leases that affect the title. - Planning and Zoning
Local government zoning, future planning changes, and land use restrictions. - Environmental Matters
Any contamination, flooding risks, or environmental notices issued. - Building and Infrastructure
Compliance with building approvals, unapproved structures, or infrastructure access. - Rates and Utilities
Current rates, body corporate fees (if applicable), and utility arrangements.
Supporting certificates, such as title searches, council records, and body corporate statements, must also be attached. The list of required documents is set out in the Property Law Regulation 2024.
Failing to disclose a “material matter” accurately can give the buyer the right to terminate the contract, even after signing.
When Must the Seller Disclosure Statement Be Provided?
The Seller Disclosure Statement must be given to the buyer before they sign the contract. This applies to both private treaty sales and auctions.
For auctions, the disclosure must be made available to all registered bidders before the auction starts. If it isn’t, and the buyer signs a contract, they may have the right to terminate.
Accepted Delivery Methods
Under the new laws, the statement can be delivered:
- In person
- By email (if agreed)
- By post
- Through another legally accepted method
The timing is critical. If the buyer receives the statement after signing, or if the disclosure is incomplete or inaccurate, they may cancel the contract under section 104 of the Property Law Act 2023.
Sellers should prepare early to avoid delays and ensure all required certificates are ready before listing the property or setting an auction date.
Costs Involved in Selling a House QLD (Including Disclosure Requirements)
Selling a house in Queensland involves more than just agent fees. From 1 August 2025, the new seller disclosure requirements will also bring additional costs that sellers need to factor in early.
Common Costs Include:
- Legal fees: To draft, review, and verify the Seller Disclosure Statement and attachments
- Searches and certificates: Title searches, zoning reports, flood maps, and body corporate certificates (if applicable)
- Real estate agent commission: Typically 2–3% of the sale price
- Marketing and staging: Optional, but often recommended for better sale outcomes
- Conveyancing fees: For preparing and lodging contract documentation
Depending on the property type and location, the disclosure-related costs (legal and search fees) can range from $500 to $1,500.
Preparing a complete and accurate disclosure from the start can prevent disputes and help avoid costly contract terminations down the track. Legal support is strongly recommended to ensure nothing is missed.
Step-by-Step: How to Prepare a Seller Disclosure Statement
Getting your Seller Disclosure Statement right from the beginning helps protect your sale and avoid delays. Here’s a simple step-by-step process:
1. Gather Key Property Information
Collect details about the property, including title information, easements, zoning, and any past building approvals.
2. Order Required Certificates
Request the necessary supporting documents. This may include:
- Title search
- Council planning certificate
- Body corporate records (for units/townhouses)
- Infrastructure and environmental reports
3. Complete Form 2
Fill out each section of the official Seller Disclosure Statement (Form 2), ensuring it’s accurate and up to date.
4. Review With a Lawyer
Have a property lawyer check the form and attachments to confirm nothing important has been missed.
5. Provide to Buyer Before Signing
Deliver the complete disclosure pack to the buyer or their agent before any contract is signed. For auctions, ensure all registered bidders have access in advance.
Being proactive with this process can give buyers more confidence and help your sale progress smoothly.
Common Pitfalls and How to Avoid Them
Mistakes in the disclosure process can delay your sale or give the buyer legal grounds to cancel the contract. Here are the most common issues and how to avoid them:
1. Late Disclosure
If the buyer receives the statement after signing, they may have the right to terminate.
Avoid it: Always prepare the disclosure early and provide it before any contract is signed.
2. Missing Certificates
Leaving out required documents like body corporate records or council searches makes the disclosure incomplete.
Avoid it: Check the full list of required certificates and order them in advance.
3. Incorrect or Outdated Information
Wrong zoning details or missed easements can be considered “material matters.”
Avoid it: Have a lawyer verify all entries and ensure documents are up to date.
4. Assuming Exemptions Apply
Not all sellers qualify for exemptions, and guessing could risk the sale.
Avoid it: Confirm eligibility with a property lawyer before proceeding.
Staying on top of the disclosure requirements reduces your risk and ensures a smoother, more secure sale process.
How Astraea Law Can Help
At Astraea Law, we support sellers across Queensland with efficient, accurate legal guidance during property transactions. With the new disclosure rules starting 1 August 2025, it’s more important than ever to get the legal details right.
We can help you:
- Prepare and review your Seller Disclosure Statement (Form 2)
- Identify and organise all required certificates and documents
- Avoid common errors that can lead to buyer termination rights
- Ensure compliance with the Property Law Act 2023 and Property Law Regulation 2024
Our goal is to simplify the process, reduce your legal risk, and ensure your sale moves forward without avoidable delays. Whether you’re selling a house, townhouse, or unit, we’ll guide you every step of the way.
Get Support Before You Sell
The new seller disclosure laws in Queensland take effect from 1 August 2025. If you’re planning to sell a property, now is the time to get organised.
Mistakes with your disclosure statement can delay the process or result in a cancelled contract. Astraea Law offers clear, practical legal support to help you meet your obligations and avoid unnecessary risk.
Contact us today to review your Seller Disclosure Statement and make sure your sale is set up for success.
