What You Must Know From 1 August 2025
From 1 August 2025, Queensland’s property law landscape will change significantly with the introduction of a new mandatory seller disclosure regime under the Property Law Act 2023 (Qld).
These changes will affect most contracts for the sale of land, and failure to comply may give buyers the right to terminate. Sellers, agents, and lawyers must understand the new requirements and prepare accordingly.
What is changing
Under the current regime, sellers are generally not required to provide a standard disclosure statement when selling property in Queensland. While certain disclosures are still required under other laws, such as for body corporate or contaminated land, the system has lacked consistency in the way disclosure was previously provided.
From 1 August 2025, sellers must provide a prescribed disclosure statement and prescribed certificates to buyers before the buyer signs the contract.
When it applies
The disclosure obligations will apply to most contracts for the sale of freehold land, including:
- Vacant lots (if title has been created)
- Established houses
- Units including residential, commercial or industrial (including strata and community title)
There are limited exceptions, such as for sales between related parties or where the buyer is a publicly listed company.
What must be disclosed
The new regulations will prescribe a standard disclosure statement and list of required certificates. While final details are expected shortly, the disclosure will likely include:
- Title search
- Plan of survey or lot plan
- Registered encumbrances (including easements and covenants)
- Planning and zoning information
- Environmental or contamination notices
- Body corporate information, if applicable
- Access and utility information
- Any other material matters affecting the property
The disclosure statement must be signed by the seller and must be accurate and complete as at the contract date.
When it must be given
The disclosure statement and certificates must be given to the buyer before the buyer signs the contract. A failure to do so, or providing inaccurate information, may give the buyer a statutory right to terminate before settlement.
It will not be sufficient to provide the disclosure after the contract is signed or to rely on a clause that attempts to limit the buyer’s rights.
Consequences of defective disclosure
If the disclosure statement is:
- Not provided
- Incomplete or inaccurate in a material respect
- Out of date
Then the buyer may be entitled to terminate the contract at any time before settlement. This right is in addition to any cooling off period.
What sellers and agents need to do now
From 1 August 2025:
- Agents will need to ensure sellers have completed and signed the disclosure statement before presenting contracts to buyers
- Sellers must ensure the information provided is accurate, up to date, and consistent with the property’s title and planning status
- Lawyers acting for buyers will need to carefully review the disclosure before advising clients to proceed
Practical tip
If you are preparing to sell property after 1 August 2025, you should start compiling the necessary searches early and engage your solicitor to assist with preparing a compliant disclosure pack. Relying on outdated templates or overlooking the new requirements could lead to delays or failed contracts.
Disclaimer: This content is intended as general commentary and may not be applicable to your specific situation. It does not replace independent legal advice.
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