What Must Queensland Property Sellers Disclose in 2026?

The Queensland seller disclosure scheme is state property law. It applies to relevant Queensland sales under the Property Law Act 2023, including houses, townhouses, units, commercial property, and vacant land.

It is not an Australia-wide conveyancing rule. New South Wales, Victoria, South Australia, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory have their own sale regimes. Australian Taxation Office records are separate federal tax records.

The scheme commenced on 1 August 2025. The Queensland Government scheme page, current Property Law Act 2023 reprint dated 2 May 2026, Form 2, and the Property Law Regulation 2024 were checked on 25 July 2026.

What Must Queensland Property Sellers Disclose in 2026?

Section 99 of the Property Law Act 2023 requires the seller to give the buyer:

1. the approved disclosure statement for the lot
2. each prescribed certificate applicable to the lot

The disclosure statement must contain the prescribed information, be true when given, and be signed by the seller. It may be electronic and electronically signed.

The Queensland Government scheme page turns that rule into six practical steps: engage a solicitor where necessary, identify the required information, collect current title and property documents, complete Form 2, obtain the applicable certificates, and preserve proof that disclosure was given.

What Is in Seller Disclosure Statement Form 2?

The approved Seller Disclosure Statement Form 2 is organised around six record groups.

1. Seller and property identity

• seller name
• property address
• lot-on-plan description
• whether the lot is in a community titles or Building Units and Group Titles Act scheme

2. Title, encumbrances, and occupancy

• title search
• registered survey plan
• registered encumbrances shown on title
• unregistered encumbrances that continue after settlement
• statutory encumbrances
• residential tenancy or rooming accommodation information where required

For a tenanted property, Form 2 also warns that Queensland rent generally cannot be increased earlier than 12 months after the last increase for the premises and tells the buyer to obtain evidence of that date before settlement. The tenancy evidence belongs in the sale file, not only the property manager’s inbox.

The related Queensland minimum housing standards guide explains the separate state tenancy record trail. Those records may inform the sale handover, but they do not replace Form 2.

3. Land use, planning, and environment

Form 2 asks about matters including:

• zoning
• transport infrastructure proposals notified to the seller
• notices of intention to resume land
• contaminated land or environmental management register status
• relevant tree applications or orders
• heritage listing

4. Buildings and structures

The form asks whether there is a pool on the lot or, for an applicable scheme, on common property. It also deals with notices under statutes identified by the scheme, including building, planning, and Queensland Building and Construction Commission legislation.

Where a pool certificate is relevant, connect the sale packet to the inspection and certificate history. Proppi’s Queensland pool safety record guide explains the separate rental-side evidence chain.

5. Rates and services

Form 2 records the most recent rates and water-services amounts or prescribed estimates. These figures inform the buyer, but the Queensland Government guide notes that rates and water-services information is not a material matter for the scheme’s termination test.

6. Body corporate information

For a community titles scheme, the packet may include:

• the current community management statement
• the body corporate certificate
• insurance information
• the assets and improvements information supplied with that certificate
• an explanatory statement where the prescribed reason for not obtaining a certificate applies

The Queensland Government’s body corporate property guidance was last updated 18 May 2026. It explains that a buyer may also examine body corporate records, contracts, financial information, and meeting minutes. Those extra due-diligence searches are not the same thing as the seller’s minimum statutory packet.

Which Prescribed Certificates May Be Required?

The Queensland Government says applicable prescribed certificates may include:

• a title search and registered survey plan
• notices under environmental, building, planning, or construction legislation
• a relevant tree application or order
• a pool safety certificate
• a community management statement and body corporate certificate for a community titles lot
• a body corporate certificate for a Building Units and Group Titles Act lot

The list is property-specific. A detached house without a pool, a tenanted unit, contaminated land, and a vacant commercial lot do not produce the same packet.

Use a certificate matrix with three columns:

The not-applicable decision should be reviewable. A blank checklist does not show whether someone checked.

What Does the Queensland Scheme Not Disclose?

The statutory packet is not a complete due-diligence report.

The Queensland Government guide says the scheme does not require disclosure of:

• flooding or other natural-hazard history
• structural soundness or pest infestation
• current or historical property use
• current or past building or development approvals
• planning-law limits on use
• services connected or available to the property
• asbestos in buildings or improvements

That boundary is important for selling agents and buyers. A completed Form 2 does not prove the building is structurally sound, hazard-free, approved for every past use, or free of asbestos.

For a broader Australian acquisition workflow, see off-market property sourcing in Australia. The New Zealand buyer disclosure system is different again and should not be used as a template for Queensland.

How Must Disclosure Be Given?

The Queensland Government guide allows delivery in person, by post, or through permitted electronic communication.

For electronic links, the buyer must be able to view and obtain a copy at the sending time and for a reasonable period afterward. For post, the guide uses a deemed receipt period of seven business days unless actual delivery can be proved. The seller has the onus of proving delivery.

Keep:

• the signed Form 2 and every certificate exactly as delivered
• buyer and seller identities used for delivery
• email, postal, or personal-delivery record
• consent to an electronic address where relevant
• link target, access test, and availability period
• read receipt or signed acknowledgement where available
• buyer signature time and contract version

Do not overwrite the delivered packet with a later refreshed title search. Preserve versions.

What Changes for a Queensland Auction?

At an auction, the contract is treated as signed by the buyer when the auction completes. The disclosure documents must still be given or made available under the statutory auction process before the fall of the hammer.

The process differs depending on whether the buyer registered before or after the auction began and whether the auction is in person or electronic. Record bidder registration time, the disclosure method, the displayed or linked packet, access availability, and the auction completion time.

Can the Buyer Terminate for Missing or Inaccurate Disclosure?

Section 104 of the Property Law Act 2023 may allow the buyer to terminate at any time before settlement when:

• the seller did not give the required disclosure statement or applicable certificate before the buyer signed; or
• an inaccuracy or omission concerns a material matter affecting the lot, the buyer was unaware of it, and the buyer would not have entered the contract if the correct position had been known.

The Queensland Government guide says termination is the scheme remedy and that amounts paid toward the purchase, including accrued interest, must be repaid within 14 days after a valid termination. It also identifies exceptions where consequences under another Act apply instead.

This is not a safe area for automated conclusions. Preserve the evidence and obtain Queensland legal advice about the facts, materiality, timing, and remedy.

When Is a Queensland Sale Exempt?

Section 100 and the Queensland Government guide identify exceptions, including some:

• related-party sales with the required waiver
• sales above $10 million including goods and services tax where the buyer waives disclosure
• sales to certain government or listed entities
• co-owner transfers
• boundary adjustments
• court-order transactions
• local government sales to recover unpaid rates or charges

The full list and notice conditions matter. Store the statutory basis, signed waiver or notice, and legal review that supports an exemption. Do not file only a note saying “not required”.

Facts, Synthesis, and Practical Implications

Facts from Queensland authorities

• The scheme applies to relevant contracts formed on or after 1 August 2025.
• Form 2 and all applicable prescribed certificates must reach the buyer before signing.
• The seller bears the onus of proving delivery.
• The statutory packet omits several matters that still require buyer due diligence.
• Missing or materially inaccurate disclosure can create a pre-settlement termination path.

Proppi synthesis

The reviewable sale record is:

lot identity → applicability matrix → signed Form 2 → prescribed certificates → delivery proof → buyer-signature time → settlement outcome

Practical implication

The packet should be one versioned record, even if its documents came from the seller, solicitor, real estate agent, property manager, Titles Queensland, local government, or body corporate. Connect the source and delivery evidence before preparing the contract for signature.

That is the document-led approach described in property memory built from source documents, the property document management topic hub, and Proppi for selling agents.

The Short Version

1. Queensland’s seller disclosure scheme has applied to relevant contracts since 1 August 2025.
2. Give signed Form 2 and every applicable prescribed certificate before the buyer signs.
3. Common records include title, survey, statutory notices, pool evidence, tenancy information, and body corporate documents.
4. Form 2 does not replace hazard, structural, pest, approval, services, or asbestos due diligence.
5. Preserve the delivered packet, proof of receipt, buyer-signature time, and contract version.
6. Treat auction delivery and statutory exceptions as separate workflows.
7. Keep Queensland state sale law separate from Australian federal tax and other jurisdictions.

Last reviewed: 25 July 2026. This article reports Queensland Government guidance and Queensland legislation checked on that date. Seller disclosure depends on the lot, contract process, certificates, exceptions, and other statutes. Confirm the current requirements with a Queensland solicitor. This is general information, not legal advice.