Shasta Turnbull – Principal
Big changes are coming to Queensland property transactions. From 1 August 2025, sellers of residential land will be required to comply with the new mandatory seller disclosure regime under the Property Law Act 2023 (Qld) and associated regulations.
If you’re selling, acting as an agent, or preparing to buy, now is the time to understand what’s required and how Legali can make it easier.
What Seller and Property Information Must Be Disclosed?
Under Queensland’s evolving seller disclosure framework, sellers are required to provide comprehensive information to prospective buyers to promote transparency and informed decision-making. The disclosure obligations extend beyond basic property details and aim to alert buyers to any legal, planning, or environmental issues that may affect the property.
Below is an overview of the key information that must be disclosed:
- Title and Plan Information: Including details of the legal ownership and cadastral mapping of the property.
- Encumbrances: Both registered (such as easements or mortgages) and unregistered interests that may impact the buyer’s use or enjoyment of the land.
- Tenancy Arrangements: If the property is subject to a current residential tenancy agreement, this must be disclosed.
- Zoning Details: Information about the property’s zoning designation under local planning schemes, which may affect future development or use.
- Transport Infrastructure Proposals: Any formal notices issued by government authorities (Commonwealth, State, or local) regarding proposed transport infrastructure that would affect the property or alter its boundaries.
- Environmental Registers: Whether the property is listed on the Environmental Management Register or Contaminated Land Register, and whether any notices have been served under the Environmental Protection Act 1994 (Qld).
- Tree Disputes: Any existing orders or applications under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) that may affect the land.
- Heritage Listings: Whether the property is protected under the Queensland Heritage Act 1992 (Qld) or included on the World Heritage List under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
- Swimming Pool Compliance: Disclosure of whether the property has a pool, and if so, whether there is a valid pool safety certificate or a notice stating that no certificate is held.
- Owner-Builder Works: If building work was carried out under an owner-builder permit within the past six years, a specific notice under section 47 of the Queensland Building and Construction Commission Act 1991 (Qld) must be provided.
- Unresolved Notices: Details of any outstanding show cause or enforcement notices issued under the Building Act 1975 (Qld) or the Planning Act 2016 (Qld).
- Rates and Water Charges: A summary of any current local government rates and water charges applicable to the property.
These disclosure requirements are designed to ensure buyers are fully informed of any potential risks or obligations associated with the property before entering into a contract. For sellers, timely and accurate disclosure not only fulfils legal obligations but also helps build trust and reduce the risk of post-settlement disputes.
Flooding
One significant omission from the mandatory disclosure list is flooding information. Despite Queensland’s well-documented flood history and the financial and safety risks associated with flood-prone properties, there is currently no requirement for sellers to disclose whether a property has previously experienced flooding or is located within a designated flood zone.
This exclusion has been the subject of ongoing public and industry debate. Critics argue that buyers should not be expected to independently source flood data—often from multiple, inconsistent sources—and that this information should be a core part of the seller’s legal obligations. As climate risks increase, it is likely this issue will remain a contentious topic in property law reform discussions.
When Seller Disclosure Isn’t Required: Understanding the Key Exemptions
While Queensland’s statutory seller disclosure scheme is designed to provide greater transparency in residential property transactions, there are specific categories of sales that are exempt from these disclosure requirements. Understanding these exemptions is essential for both buyers and sellers navigating the property market.
The following types of sales are excluded from the scheme:
- Transactions between related parties, where the buyer has formally waived the disclosure obligations;
- Transfers between co-owners or neighbouring landholders that relate to boundary realignments;
- Sales ordered by a court, including those arising from legal proceedings;
- Transfers resulting from death, such as those made to a personal representative or beneficiary under a will or intestacy;
- Option agreements, where the seller has already provided the required disclosure at the time the option was granted, and the same buyer proceeds with the purchase (note: if a nominee is appointed under the option, fresh disclosure must be made to the nominee prior to exercise);
- High-value transactions, where the purchase price exceeds $10 million (inclusive of GST), and the buyer waives the disclosure requirement;
- Sales by local government, such as Brisbane City Council, in the course of recovering overdue rates or charges—provided the buyer is notified that the standard disclosure documents are not required;
- Sales by the State to existing tenants, where the buyer has rented the property for a minimum of three years and has received written notice that disclosure is not required; and
- Sales to certain institutional buyers, including publicly listed companies (and their subsidiaries), the State of Queensland, statutory bodies, and constructing authorities under the Acquisition of Land Act 1967 (Qld).
These exclusions recognise circumstances where the buyer is either already well-informed, legally represented, or otherwise not in need of the standard consumer protections afforded under the scheme.
What Happens If You Don’t Disclose Properly?
If a seller fails to provide disclosure before contract execution, or provides inaccurate or incomplete disclosure, the buyer may be entitled to terminate the contract at any time before settlement.
In other words: non-compliance can put the entire sale at risk, even if the contract is otherwise unconditional.
How Legali Can Help You Stay Ahead?
At Legali, we’re already helping sellers and agents prepare for these changes. Here’s how we can assist:
- Prepare your full disclosure bundle
We handle the title, plan, environmental and council checks, and prepare the required documents in a compliant format.
- Tailored disclosure for complex properties
Selling a proposed lot, off-the-plan development, or property with unusual encumbrances? We’ve got you covered.
- Ongoing support for agents
We work hand-in-hand with sales agents to ensure disclosures are issued on time and updated where needed.
- Review and advice
If you’ve been given a disclosure bundle or you’re a buyer with concerns — we can review and advise on risks and red flags.
Let Legali Take Care of It
From 1 August 2025, seller disclosure in Queensland will no longer be a “nice to have” it will be mandatory.
Let Legali help you stay compliant, protect your transaction, and give you confidence from day one.
Contact our property team today for assistance with disclosure preparation or contract compliance under the new regime.
