Mandatory Seller Disclosure Under the New Property Law Act 2023: What Queensland Property Sellers and Buyers Need to Know




 

If you're planning to sell or buy property in Queensland, a major legal change could significantly affect your transaction. From 1 August 2025, the Property Law Act 2023 (Qld) introduces a mandatory Seller Disclosure Regime that applies to almost all freehold property sales across the state, including the Gold Coast.

At QC Law Solicitors, we provide fixed-fee conveyancing and property law services to Sellers, Buyers, and Developers throughout Queensland. Whether you're selling a home or purchasing a commercial site, this legal update is essential reading.

What Is the New Seller Disclosure Regime?

The new laws require Sellers to give Buyers a Disclosure Statement and Prescribed Certificates before the contract is signed. This disclosure must be accurate, complete, and provided at the Seller’s cost. If it’s not, the Buyer may be able to terminate the contract, even right up until settlement.

This applies to most freehold land in Queensland, including:

  • Residential houses and land
  • Commercial properties
  • Strata and community title schemes
  • Rural land
  • Vacant land

What Must Sellers Disclose?

The Disclosure Statement must include:

  • The Seller’s name, address, and legal lot details
  • Any unregistered encumbrances (e.g. easements, leases, unregistered mortgages)
  • Proposed transport infrastructure or resumption notices
  • Local government zoning, heritage listing or environmental overlays
  • Any unlicensed owner-builder work done in the past 6 years
  • Whether the land appears on the Contaminated Land Register or Environmental Management Register
  • Tree or fence disputes under the Neighbourhood Disputes Act
  • Details of any residential tenancy agreement entered within the last 12 months
  • Estimated rates and water charges

Prescribed Certificates include:

  • A current title search and registered plan
  • Any notices or orders under planning, environmental, or building laws
  • Pool safety certificate (if applicable)
  • Community management statement and body corporate certificate (if a strata lot)
  • Certificates relating to heritage, disputes, and environmental matters

What’s Not Included in the Disclosure?

There are several important areas not covered under the disclosure regime, such as:

  • Flooding or overland flow history
  • Building and pest issues
  • Past or current use of the property
  • Connected utilities (e.g. NBN, electricity)
  • Asbestos presence
  • Existing building approvals

Buyers must still undertake independent searches and inspections to assess the property properly. QC Law Solicitors can guide you through these steps.

When Is Disclosure Not Required?

While the new regime is broad, there are specific exceptions and we have listed some of them. Disclosure is not required where:

  • The contract is for an off-the-plan sale.
  • The Buyer is a government entity or statutory authority
  • The sale is between related parties.
  • The Buyer provides written notice waiving disclosure where the purchase price exceeds $10 million (inc. GST)
  • The transaction is made under a court order, such as in family law or bankruptcy matters

These exemptions are limited and must be interpreted carefully. When in doubt, legal advice is essential.

What If the Disclosure Is Defective?

If the Seller fails to comply with the disclosure obligations, the Buyer may be entitled to terminate the contract. Common grounds include:

Non-Compliance

Buyer's Right to Terminate

No disclosure provided before signing

Anytime before settlement

Missing prescribed certificates

Anytime before settlement

Disclosure is materially inaccurate or misleading, and Buyer was unaware

  

There is no right to “fix” the disclosure after signing, so it is crucial that all documentation is correct from the outset.

Buyers: Why You Need a Solicitor Across the New Disclosure Law

If you’re buying property in Queensland, it’s more important than ever to have a solicitor who understands the new law. At QC Law, we:

  • Ensure all required documents are received before contract signing
  • Prepare or review the Disclosure Statement and Prescribed Certificates
  • Advise you on missing or misleading information
  • Conduct independent due diligence, such as building approvals, flooding history, and easements
  • Help you enforce your rights if the Seller fails to comply

Whether you're buying your first home, investing in commercial property, or purchasing via SMSF, our experienced solicitors have you covered.

Real Estate Agents: What You Should Know

These changes affect how and when contracts can be issued. Agents should:

  • Advise Sellers to engage a solicitor before listing the property, we recommend once you have the Form 6 signed.
  • Ensure all disclosure documents are obtained, Seller has signed and it has been given to the Buyer before a contract is presented
  • Refer clients to a trusted legal team like QC Law Solicitors to avoid contract risk and make the process simple!

QC Law Solicitors – Your Gold Coast Property Law Experts

Located on the Gold Coast and servicing all of Queensland as well as Interstate, including conveyancing transactions in New South Wales, Victoria, Western Australia, South Australia, QC Law Solicitors offers:

  • Fixed-fee conveyancing
  • Residential, commercial, rural and strata transactions
  • SMSF and off-the-plan purchases
  • Contract reviews and pre-purchase advice
  • Guidance for developers, agents, and investors
  • Tailored legal advice under the Property Law Act 2023

Planning to Buy or Sell Property in Queensland?

With mandatory disclosure laws now in place, it’s critical to get your legal documents right from the start. Let QC Law take care of your property transaction with confidence, compliance and fixed fees.