Seller disclosure scheme

About the scheme

The scheme requires that sellers give buyers key information about a property before a contract of sale is signed. The buyer may be able to terminate the contract if the seller does not comply with the scheme.

Our Guide to the seller disclosure scheme outlines key information to help sellers, buyers and their agents understand their rights and obligations.

Download the guide

Steps to comply with the scheme

Preparing early will help you comply and ensure a smooth transaction.

1. Engage a solicitor early if necessary.
2. Learn what to include in the disclosure statement.
3. Collect up-to-date title and property documents.
4. Complete the seller disclosure statement (form 2).
5. Obtain all required certificates.
6. Ensure disclosure is given properly and recorded.

What you must include in the disclosure statement

The following is an incomplete summary of what to include in the disclosure statement. Find more details in sections 4.1–4.6 of the guide.

Part 1: Seller and property details

• Seller’s name, property address, and lot/plan details

Part 2: Title details, encumbrances and residential tenancy or rooming accommodation agreement

• Title searches
• Encumbrances, unregistered encumbrances (e.g. informal leases or easements) and statutory encumbrances
• Residential tenancy or rooming accommodation agreements (if required)

Part 3: Land use, planning and environment

• Zoning of the lot
• Proposed transport infrastructure notices you have been given
• Any notice of intention to resume the property or part of the property
• If land is listed on the contaminated land or environmental management registers
• Tree applications or orders under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
• Whether the lot is affected by heritage listing

Part 4: Buildings and structures

• Whether there is a pool on the lot
• If the lot is included in either a community titles scheme under the Body Corporate and Community Management Act 1997 (BCCM Act) or a scheme under the Building Units and Group Titles Act 1980 (BUGTA), whether there is a pool on the common property
• Notices required under the following Acts (see section 5 of the guide)
  • Queensland Building and Construction Commission Act 1991
  • Building Act 1975
  • Planning Act 2016

What you don’t need to include

There are some details you are not required to include in the disclosure statement, such as:

• structural soundness of the building
• flooding history
• previous building or development approvals.

For the full list, see section 3.3 of the guide.

Prescribed certificates

The prescribed certificates you must give to the buyer may include:

• Title search and survey plan
• Notices required under the following Acts
  • Environmental Protection Act 1994
  • Queensland Building and Construction Commission Act 1991
  • Building Act 1995
  • Planning Act 2016
• A tree application or order  under the Neighbourhood Disputes Act
• Pool safety certificate (if applicable)
• For lots in a community titles scheme, a community management statement and a body corporate certificate
• For lots in a BUGTA scheme, a body corporate certificate.

See section 5 of the guide for more details about prescribed certificates.

Giving disclosure documents to buyers

You (or your agents, if authorised) must give the completed disclosure statement and prescribed certificates to the buyer before the buyer signs the contract. You can do this:

• in person
• by post
• by email or other electronic communication.

You must prove that you gave the buyer the disclosure statement. You should keep proof of delivery (e.g. read receipt, signed acknowledgement).

See section 3.5 of the guide for more details about how you can give the disclosure statement.

Sales by auction

Different rules apply for sales by auction, but you must still give or make available the disclosure statement and prescribed certificates to the buyer before the fall of the hammer.

See section 3.6 of the guide to learn more about giving the disclosure statement for a sale by auction.

Failing to comply

Even if it was unintentional, the buyer may have a right to terminate the contract at any time up to settlement if you:

• don’t give the disclosure documents at all
• provide inaccurate or incomplete information.

In cases of inaccurate or incomplete disclosure, the buyer must show:

• the issue was material (see section 6.1 of the guide)
• they were unaware of it at the time of signing
• they would not have signed the contract had they known the truth.

If the failure or inaccuracy is also a failure to comply with another Act, the consequence in the other Act will apply instead.

See section 6 of the guide for more details about the buyer’s termination rights.

Exceptions

In some cases, you will be exempt from complying with the scheme. Some example exceptions are where the:

• buyer is the State, a government body, constructing authority, or a listed corporation
• buyer and seller are related parties
• sale price is over $10 million, and the buyer waives disclosure
• seller is a local council recovering unpaid rates.

See section 2 of the guide for the full list of exceptions.