In 2023, the Queensland Government passed new legislation, the Property Law Act 2023 (the Act) and Property Law Regulation 2023 (the Regulations)

A key change is the implementation of the seller statutory disclosure scheme which applies to the sale of freehold land in Queensland.

This change commences on 1 August 2025.

What does this mean?

Before a contract for the sale of a lot is signed by a buyer, a seller must give the buyer:

1. a seller disclosure statement for the lot; and
2. each document or certificate prescribed by regulation.

The current drafting of the seller disclosure statement can be found here.

What information does the seller disclosure statement require?

The seller disclosure statement will disclose to a buyer the important legal and other information about the property being offered for sale. Apart from very basic details, some examples of the information to be disclosed by the seller include:

• title search and plan image;
• if the property is included in a community titles scheme, a copy of the community management statement; and
• if the property is included in a community titles scheme, a Form 33 body corporate certificate (which replaces the old BCCM Act s206 disclosure statement);
• any residential tenancy or rooming accommodation agreements;
• land use including zoning and transport proposals for transport infrastructure or notice/s of intention to resume;
• whether the property is recorded on either the Contaminated or Environmental Management Register;
• whether the property is affected by an application or order under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld)
• local government zoning details, Queensland or Commonwealth heritage details;
• any relevant notices in respect of the buildings and structures (such as show cause notices or enforcement notices) including whether there are any pools; and
• rates and water information.

A copy of that BCCM Form 33 referred to above can be downloaded from the Queensland Government publications portal here.

In addition to the information which would ordinarily be provided, the BCCM Form 33 requires the additional disclosure of, or provision of the following:

• amounts payable or owed to the body corporate;
• the body corporate’s sinking fund balance;
• information as to engagement of a caretaking service contractor or authorisation for a person to conduct a letting agent business;
• the application of a building management statement;
• any arrangement to supply electricity in the scheme through an embedded electricity network; and
• most recent statement of accounts.
• most recent statement of accounts for the lot prepared by the body corporate;
• explanation of any other amounts payable by the proposed buyer;
• details of any improvements to the common property that the seller is responsible for maintaining;
• body corporate’s register of assets; and
• body corporate’s insurance policy.

The BCCM Form 33 will need to be signed and given by a person with the authority to do so on behalf of the body corporate.

What does this mean for you?

So what does this mean for you:

• when selling a lot in a complex you manage; or
• when selling a management rights business with a manager’s unit.

As a result of the changes, we anticipate that lawyers will need to be involved in the sale process much earlier than we would usually be, possibly as soon as you are, or when the agent selling your business is, engaged. The sooner, the better!

The lawyers will need time to not only prepare the contract documents but also the seller disclosure statement along with obtaining the necessary certificates, searches, documents and the BCCM Form 33 from the Body Corporate.

Please reach out to us to discuss how we can better assist you ahead of any sale process.

Written by Julie Hidalgo

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