NEW DISCLOSURE REQUIREMENTS COMMENCE 1 AUGUST 2025
In 2023, the Queensland Government introduced significant changes to property law with the passing of the Property Law Act 2023 and Property Law Regulation 2023. One of the most important reforms is the new statutory seller disclosure scheme, which applies to the sale of all freehold land in Queensland from 1 August 2025.
What does this mean?
Before a buyer signs a contract to purchase a lot, the seller must provide:
- A Seller Disclosure Statement for the property; and
- All documents or certificates prescribed by regulation.
The form of the Seller Disclosure Statement has been through various iterations. The most current version available here seller-disclosure-statement-form-2.pdf
What Must Be Disclosed?
The Seller Disclosure Statement outlines key legal and practical details about the property. This includes (amongst other things):
- Title search and plan image;
- If the property is part of a community titles scheme:
- The Community Management Statement; and
- A Form 33 Body Corporate Certificate (replacing the old BCCM s206 disclosure statement);
- Any current residential tenancy or rooming accommodation agreements;
- Land use, zoning, and transport proposals, infrastructure or resumption notices;
- Whether the property is listed on the Contaminated Land Register or Environmental Management Register;
- Any applications or orders under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld);
- Local government zoning and heritage listings (both Qld and Commonwealth registers);
- Notices related to buildings and structures (e.g. show cause or enforcement notices);
- Pool compliance certificates; and
- Current rates and water information.
You can access a copy of the most up-to-date version of the Form 33 here bccma-form-33-body-corporate-certificate-watermarked.pdf.
Additional Disclosure Required in Form 33 (if the property is in a Community Titles Scheme)
The Form 33 is more comprehensive than its predecessor and includes details that a buyer should be aware of, such as:
- Amounts payable or owed to the body corporate by the seller;
- The body corporate’s sinking fund balance;
- Details of any caretaking or letting agreements;
- A copy of the current Building Management Statement;
- Any embedded electricity network arrangements;
- The most recent statement of accounts for the lot being purchased;
- Any other amounts payable by the buyer;
- Details of seller-responsible improvements to common property; and
- The body corporate’s asset register and insurance policy.
The Form 33 must be signed by someone authorised by the body corporate.
Moving forward
If you are:
- Selling your house or commercial property;
- An onsite manager and selling a lot in a complex you manage, or
- Selling your management rights business (including the manager’s unit)
…these changes will impact your sale process.
Legal assistance will be needed much earlier than before—ideally as soon as you decide to sell or appoint a selling agent.
How We Can Help
Reach out to us early so we can help guide you through the process and ensure all required documents are in place well ahead of any sale.
Contacting us early will prevent delays when you have a buyer eager to sign a contract.