New approved forms for Property Law Act 2023

This Alert follows our previous publications on 6 February and 17 June 2024 surrounding the new Property Law Act 2023 (PLA 2023).

The Queensland Government has published a complete suite of new Approved Forms for use under the PLA 2023. Publicly available via the Government’s Publications Portal, these forms come into effect on 1 August 2025 and should only be used after this date.

Introduction of the Seller Disclosure Statement

The biggest change brought by the PLA 2023 is the introduction of the mandatory Seller’s Disclosure regime, bringing Queensland in line with the pro-disclosure approach adopted in other states and a significant shift away from the conventional ‘buyer beware’ premise. Sellers are required to provide a comprehensive set of disclosure documents before a contract of sale is signed by the buyer. It is not possible to contract out of these requirements.

Requirements for the Seller Disclosure Statement (Form 2)

The disclosure statement must be in the approved Form 2. The contents must be complete and information true at the time the statement is signed by the seller. The Form 2 can be signed by the seller, or anyone authorised to act on its behalf, such as their agent or solicitor. This authority is not required to be given in writing.

Mandatory Disclosure Information

Information which must be disclosed in the statement includes, but is not limited to:

1. the seller’s name, property address, and lot on plan description;
2. whether the lot is part of a community titles scheme (CTS) or Building Units and Group Titles Act 1980 (BUGTA) scheme;
3. details of each unregistered encumbrance;
4. zoning information;
5. whether the property is recorded on the Environmental Management Register or Contaminated Land Register and if any environmental notices have been served;
6. if there is a tree application or order;
7. notices about a transport infrastructure proposal to locate transport infrastructure on or alter the dimensions of the property;
8. whether there is a notice of intention to resume the property;
9. details of rates and water charges;
10. if building works have been carried out under an owner builder permit in the last six years; and
11. if there is an unsatisfied show cause notice or enforcement notice under the Building Act 1975 (Qld) or the Planning Act 2016 (Qld).

In addition, certain prescribed certificates (Certificates) are required to be given by the seller to the buyer prior to the buyer signing the contract.

CTS

If the property is part of a CTS, the Form 2 must be accompanied by the latest Community Management Statement for the CTS and a ‘prescribed certificate’ issued by the body corporate (Form 33).

Exceptions to giving disclosure

In some circumstances, a seller is not required to comply with seller disclosure requirements. These include where:

1. the buyer and seller are related parties and the buyer waives compliance before signing contract;
2. the buyer is the State or a government body;
3. the contract was formed from the exercise of an option and the buyer and seller are the parties to the option; and
4. the price of the property is more than $10m (incl GST) and the buyer waives compliance before signing contract.

Termination by buyer of the contract of sale

If a seller fails to provide the Seller Disclosure Statement and/or Certificates to the buyer, the buyer may terminate the contract at any time up to settlement. A buyer may also have a termination right if the Seller Disclosure Statement and Certificates are provided but:

1. they are inaccurate or incomplete on a material matter when given to the buyer; and
2. when the buyer signs the contract, they are not aware of the correct state of affairs; and
3. the buyer would not have signed the contract if it was aware of the correct state of affairs.

For further details about how the changes introduced under the PLA 2023 will likely impact you and your organisation, please contact our Real Estate team.