- 25 Jun 2025
- 5 min read
- By the REIQ
Seller disclosure in Queensland: General information for sellers
From 1 August 2025, a seller must give to a buyer, before a contract of sale is signed by a buyer:
- a Seller Disclosure Statement (Form 2) for the property; and
- each prescribed certificate applicable to the property.
The Form 2 must be completed with prescribed information that is true at the time the statement is given to a buyer. The Form 2 must be signed by a seller and can be signed electronically.
The Form 2 can be viewed here: Queensland Publications Portal
Who prepares the disclosure statement?
The seller can decide who they want to prepare the Form 2 on their behalf. The seller may:
- prepare the Form 2 themselves;
- authorise and instruct their sales agent to prepare the Form 2 (if the sales agency offers this service);
- instruct their solicitor to prepare the Form 2 on their behalf; and
- engage a third-party provider to prepare the Form 2 on their behalf.
A sales agent cannot provide legal advice to a seller about what matters are required to be disclosed or how disclosure is to be made. If the seller is going to authorise and instruct a sales agent to prepare the Form 2 on their behalf, the sales agent will request detailed instructions from the seller about the property at the time of their appointment or shortly after being appointed.
What information is required to be disclosed?
Most of the information to be disclosed in the Form 2 will be within the seller’s knowledge or possession. Some searches may be required to complete parts of the Form 2, if the seller is not sure about how to answer a question or does not have a copy of the relevant document that needs to be disclosed.
If the seller is going to authorise and instruct a sales agent to prepare the Form 2 on their behalf, the sales agent will require the seller to provide a completed REIQ Disclosure Instructions and Search Authority.
The Disclosure Instructions sets out a list of questions about the property that requires a ‘yes’, ‘no’ or ‘unknown’ answer. It may be necessary for the seller to instruct and authorise the agent to undertake searches in order to obtain any information and/or documents not within the seller’s knowledge or possession.
The following Table sets out general information and examples of the prescribed information under the Property Law Regulation 2024. This table should be used for general information purposes only and does not constitute legal advice. If you have a question about what matters are required to be disclosed and how disclosure should be made about a specific matter, then legal advice should be sought.
Seller and property details |
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Seller name and property details |
The seller is required to disclose their name, property address, lot-on-plan description and whether the property is a lot in a community titles scheme or Building Units and Group Titles Act 1980 scheme. Read more about different types of schemes here: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/legislation-and-bccm/bugt-specified-acts
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Title Search
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This document shows the title information of the property including all encumbrances registered on title. A copy of the title search must be given to the buyer.
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Survey Plan
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The survey plan shows the boundaries of the lot and any easements that may impact the lot. A copy of the survey plan must be given to the buyer.
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Unregistered Encumbrances |
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Unregistered Leases |
The seller must provide details of any unregistered leases that will remain after settlement, including: •the start and end day of the term of the lease; and •the amount of rent and bond payable under the lease; and •whether the lease has an option to renew. For a residential property, this may include a residential tenancy or rooming accommodation agreement. For a commercial property, this may include a short form or long form lease that is not registered on title.
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Unregistered Agreements
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The seller is required to disclose the following types of unregistered agreements (written or oral), if they will continue to affect the property after settlement:
If any of the above agreements exist in writing, a copy of the agreement must be given to a buyer. If the agreement is oral, the seller is required to disclose the names of the parties, term of the agreement and any amounts payable by the owner of the property.
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Statutory Encumbrances
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A ‘statutory encumbrance’ means:
e.g an easement for a local government facility, including, for example, sewerage pipes, under section 144 of the Local Government Act 2009 a power to enter land for a telecommunication facility under schedule 3 of the Telecommunications Act 1997 (Cwth) If there are statutory encumbrances that affect the property, the seller must provide a description of the encumbrance and a copy of the plan showing the location of relevant infrastructure (if available).
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Residential Tenancy or rooming accommodation agreement
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If the property was subject to a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 during the 12 months before the contract of sale was signed by the buyer, the seller must confirm this and provide the date of the last rent increase for the premises or rooms. This information may be required by the buyer after settlement, should they wish to let the property in the future.
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Land use, planning and environment |
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Zoning |
The zoning of the property is required to be disclosed. This may include the zoning under the current local government planning scheme and also, if the property is in a Priority Development Area (PDA). Read more about PDA’s here: https://www.edq.qld.gov.au/our-work/priority-development-areas-pda
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Transport Infrastructure Proposal
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The seller is required to disclose if the property is affected by a notice issued by a Commonwealth, State or local government entity to the seller about a transport infrastructure proposal to: • locate transport infrastructure on the lot; or • alter the dimensions of the lot. Transport infrastructure includes (but is not limited to) roads, highways, transport corridors, train infrastructure and airport infrastructure. The seller must provide a copy of the notice, order, proposal or correspondence. Read about Queensland’s Infrastructure Pipeline here: https://www.statedevelopment.qld.gov.au/infrastructure/projects-and-programs/queensland-government-infrastructure-pipeline
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Notice of Intention to Resume
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The seller must disclose if they have received a Notice of Intention to Resume, which is a formal notice issued by an entity to a property owner and is the first step in the formal process of compulsory land acquisition (also known as resumption) under the Acquisition of Land Act 1967. The seller must provide a copy of the notice, order, proposal or correspondence to the buyer. Read more about resumptions here: https://www.qld.gov.au/law/your-rights/legal-and-property-rights/government-land-acquisition-and-resumption
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Contamination and Environmental Protection
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The seller must disclose if a property is recorded on the Environmental Management Register or Contaminated Land Register. Land in Queensland is listed on the Contaminated Land Register (CLR) when it's determined to be contaminated and requires remediation to prevent serious environmental harm or public health risks. This typically follows a scientific investigation revealing contamination and the need for remediation. Land in Queensland is listed on the Environmental Management Register (EMR) when it's been used for a notifiable activity or if it's contaminated by a hazardous contaminant. See more information here: https://www.qld.gov.au/environment/management/environmental/contaminated-land/registers/search-registers
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Contamination and Environmental Protection: notices
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Additionally, the seller is required to disclose whether one of the following notices are, or have been, given to the buyer:
If the seller is required to give any of the above notices to the buyer, a copy of the notice must be provided. The seller may have separate obligations for disclosure and if one of the above apply, then a seller should legal advice about the relevant disclosure required.
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Tree Orders and Applications
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The seller must disclosure if the property is affected by an application to QCAT or order made by QCAT in relation to a tree on the land. The seller must provide a copy of the order or application to the buyer.
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Heritage Listing
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The seller is required to disclose whether the property is affected by the Queensland Heritage Act 1992 or is included in the World Heritage List under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).
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Buildings and structures |
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Pools
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The seller is required to disclose if there is a pool on the property and provide either the pool compliance certificate or give notice that there is no pool safety certificate.
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Unlicensed Building Work
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The seller is required to disclose if building work was carried out on the property under a QBCC owner builder permit in the last 6 years. If they have, the seller is required to give the buyer a copy of the notice given under section 47 of the Queensland Building and Construction Commission Act 1991. Read about owner builder work and responsibilities here: https://www.qbcc.qld.gov.au/your-property/owner-build/responsibilities-owner-builder
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Show Cause Notice or Enforcement Notices
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If the seller has been given a notice mentioned in section 246AG, 247 or 248 of the Building Act 1975 or section 167 or 168 of the Planning Act 2016, and the notice remains in effect immediately before the buyer signs the contract of sale, the seller is required to provide the buyer with a copy of the notice.
A show cause notice is issued when a local council suspects a breach of relevant legislation, and it provides the recipient with a chance to respond to the allegations. An enforcement notice is issued when a local council decides that a specific action must be taken to rectify a non-compliant situation.
Section 246AG of the Building Act 1975: Specifically deals with show cause notices related to pool safety certificates. Section 247 of the Building Act 1975: Allows local councils to issue show cause notices for various reasons, including building work done without approval, dangerous or dilapidated buildings, or those unfit for use. Section 248 of the Building Act 1975: Authorises the issuance of enforcement notices, requiring the rectification of issues like dangerous buildings or breaches of other building regulations. Section 167 of the Planning Act 2016: Allows local councils to issue show cause notices for various reasons, including if an enforcement authority believes a development offence has been committed. Section 168 of the Planning Act 2016: Authorises the issuance of enforcement notices, requiring the particular action from the recipient such as refraining from carrying out a development offence or restoring premises to the condition they were in before development.
The seller may have separate obligations for disclosure and if one of the above apply, then a seller should legal advice about the relevant disclosure required.
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Other notices and orders |
The seller is required to disclose if they have received a notice or order from the Commonwealth, State or local government, a court or tribunal or other competent authority, that requires the seller to do work or spend money in relation to the property. If applicable, the seller is required to provide a copy of the notice or order.
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Rates and services |
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Rates
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If rates are payable for the property, the seller is required to disclose the total amount payable for all rates and charges (without any discounts) as stated in the most recent rates notice. If rates are not payable for the property, the seller is required to state that the property is a rates exempt lot or the property is not a rates exempt lot but no separate assessment of rates is issued by a local government for the lot.
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Water Service Charges |
If a water services notice is issued for the property, the seller is required to disclose that amount payable as charges for water services under the most recent notice. If no water services notice is issued for the property, the seller is required to disclose an estimate of the amount payable for water services for the most recent stated period. The amount required to be disclosed is for water service charges only, and does not include water consumption. It also only relates to water service fees charged by a registered water service provider.
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Community Titles Scheme and Building Unit Group Title Act (BUGTA) Scheme
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If the property is a lot in a community titles scheme, the seller is required to provide the buyer with:
If the property is a lot in a BUGTA scheme, the seller is required to provide the buyer with either a body corporate certificate under section 40AA(1) of the Building Units and Group Titles Act 1980 or an explanatory statement of the lot if section 7 of the Property Law Regulation 2024 applies.
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Termination rights
Significant consequences may arise if a seller fails to comply with the disclosure obligations under section 99 of the Property Law Act 2023 (PLA).
Under section 104 of the PLA, the buyer may terminate a contract any time before settlement of the contract, by giving written notice to the seller terminating the contract, if one of the following applies:
- the seller fails to give the buyer a Form 2 for, or prescribed certificate applicable to, the property before the contract of sale is signed by the buyer; or
- the seller gives the buyer a Form 2 and the prescribed certificates, before the contract of sale is signed by the buyer and all of the following apply:
- the Form 2 or certificate is inaccurate or incomplete in relation to a material matter affecting the property at the time it is given to the buyer;
- at the time the contract is signed by the buyer, the buyer is not aware of the correct state of affairs concerning the matter; and
- if the buyer had been aware of the correct state of affairs concerning the matter, the buyer would not have signed the contract.
Note: a material matter does not include the information relating to rates and water services for the property (section 10 of the Property Law Regulation 2024)
If a seller’s failure to give the Form 2 or prescribed certificate, or the giving of the inaccurate or incomplete Form 2 or certificate is also a failure to comply with another Act, section 104(2) of the PLA does not apply and the remedy under the other Act applies.
Exceptions
The seller of a property is not required to comply with the disclosure requirements if one of the following exceptions apply.
1. Related Party: If the buyer and seller are related, or if there is more than one, all of the buyers and all of the sellers, are related.
Requirements: Before the buyer signs the contract, the buyer must give the seller, or if there is more than one, any of the sellers, a notice waiving compliance with the seller’s disclosure requirements.
The buyer and seller are related if:
Seller |
Buyer |
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Individual
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Listed Corporation |
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Non-listed Corporation |
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Who is a relative?
(a) a parent, step-parent or grandparent of the seller; or
(b) a sibling, half-sibling or step-sibling of the seller; or
(c) an uncle, aunt, nephew, niece or cousin of the seller; or
(d) a child, step-child or grandchild of the seller; or
(e) a spouse of the seller; or
(f) if the seller has a spouse—a person who is a relative, of the type mentioned in any of paragraphs (a) to (d), of the seller’s spouse; or
(g) if the seller is an Aboriginal person or Torres Strait Islander—a person who is a relative, of the type mentioned in any of paragraphs (a) to (f), of the seller under Aboriginal tradition or Island custom.
2. Type of buyer: the buyer of the property is:
• the State, the Commonwealth or another State; or
• a local government of Queensland or another State; or
• a constructing authority under the Acquisition of Land Act 1967; or
• a statutory body; or
• a listed corporation; or
• a subsidiary of a listed corporation.
3. Seller is a Local Government: If the seller of the property is the Brisbane City Council or another local government, and the contract gives effect to the exercise of a power under the City of Brisbane Act 2010 or the Local Government Act 2009 to sell land to recover overdue rates or charges
Requirements: Before the contract of sale is signed by the buyer, the seller must give the buyer, or if there is more than one, any of the buyers, a notice stating that—
• the buyer needs to make their own enquiries about matters affecting the property; and
• the seller is not required to comply with the disclosure requirements.
4. Seller is the State: If the seller of the property is the State, and the buyer was a tenant of the lot for at least three years immediately before entering into the contract.
Requirements: Before the contract of sale is signed by the buyer, the seller must give the buyer, or if there is more than one, any of the buyers, a notice stating that—
• the buyer needs to make their own enquiries about matters affecting the property; and
• the seller is not required to comply with the disclosure requirements.
5. Co-ownership: If the seller and the buyer are co-owners of the property and the contract provides for the acquisition by one or more co-owners of the whole or part of the interest of another co-owner.
6. Boundary Adjustment: If the seller and the buyer are owners of adjoining land and the contract provides for the adjustment of a common boundary.
7. Orders or Agreement: If the contract gives effect to—
• a court order; or
• an enforcement warrant under the Supreme Court of Queensland Act 1991; or
• a financial agreement or a part VIIIAB financial agreement under the Family Law Act 1975 (Cwlth).
8. Transmission: If the contract gives effect to—
• the transmission of an interest in the lot, because of the death of an owner of the lot, to the owner’s personal representative; or
• the transfer or transmission of an interest in the lot, because of the death of an owner of the lot, to a person under the owner’s will, the rules of intestacy or a court order under part 4 of the Succession Act 1981.
9. Acquisition: If the contract is for the sale of a lot under section 41 of the Acquisition of Land Act 1967.
10. Call and Put Options: If all of the following apply—
• the contract of sale arises from the exercise of an option for the sale of the lot;
• the buyer under the contract of sale and the option for the sale of the lot are the same;
• the seller complied with the disclosure requirements in relation to the option for the sale of the lot.
11. Price Threshold: If the sale price under the contract is more than $10 million including GST.
Requirements: Before the contract of sale is signed by the buyer, the buyer gives the seller, or if there is more than one, any of the sellers, a notice waiving compliance of the seller’s disclosure requirements.
DISCLAIMER: This article is provided for information purposes only and does not constitute legal advice and should not be used as such. Formal and independent legal advice should be sought in particular matters. REIQ cannot and does not warrant and nor does it represent in any way that the information contained herein is current and/or will remain current beyond the time and date of release.
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