Picture this. You have signed a contract on your Ashgrove Queenslander, the buyer's finance has come through, building and pest is done, and you are three weeks from settlement. Then the buyer's conveyancer writes to your conveyancer pointing out that the body corporate certificate was missing from your disclosure pack. The buyer terminates the contract. They get their deposit back. You start again from scratch.

That scenario was not possible before August 2025. It is now. And it is happening.

Queensland's new seller disclosure regime under the Property Law Act 2023 is the biggest shift in state property law in half a century. The old "buyer beware" approach — where buyers were largely responsible for uncovering issues themselves — is gone. Sellers now carry a positive obligation to disclose, and the penalties for getting it wrong are real.

What you have to provide (and when)

Before a prospective buyer signs the contract of sale, you must hand them two things.

A completed Form 2 Seller Disclosure Statement. This is a standardised government form. It is not optional and it is not something your agent can improvise. The form requires you to answer specific questions about the property — title details, encumbrances, easements, notices you have received, environmental issues, building works, and anything else prescribed by regulation. Your answers must be accurate as at the date you sign the form.

Prescribed certificates. These are official documents that must be attached to the Form 2. The exact certificates depend on the property type, but for a standard Brisbane house they typically include a council rates certificate, a water and sewerage certificate, and — if the property is in a community titles scheme — a body corporate information certificate and records. For properties where building work was done under an owner-builder permit in the last six years, there are additional notices required under the QBCC Act.

Both the Form 2 and all prescribed certificates must be in the buyer's hands before they sign. Not at the same time. Not the day after. Before.

Why sellers are getting caught out

The regime has been in effect since 1 August 2025, and patterns are already emerging around where things go wrong. Some of these are administrative. Others are more serious.

Late starts. The most common problem is simply leaving it too late. Council certificates can take two to three weeks to arrive. Body corporate certificates can take longer — we have seen turnarounds stretch to four or five weeks during busy periods. If your property goes on the market and a buyer wants to sign on day three but your certificates have not arrived yet, you have a problem. The buyer cannot sign without the disclosure, and they may not wait.

Our advice is always the same: engage your conveyancer and order certificates before the property is listed. Not after. The cost of ordering early is zero. The cost of delaying a sale because you were not ready can be significant.

Unapproved building works. This is Brisbane's Achilles heel. Extensions, enclosed patios, carports, sheds, deck alterations, pool fencing modifications — the list of works that homeowners have completed over the years without council approval is long. If you know about unapproved work (or should reasonably know), you are required to disclose it. Failing to do so is a termination risk.

We had a seller in Camp Hill who had built a large deck and outdoor entertaining area about ten years ago without getting the necessary building approval. They did not disclose it on the Form 2, either because they forgot or because they assumed it did not matter. The buyer's conveyancer picked it up through a council search. The buyer terminated the contract and the seller had to go back to market — this time with the unapproved work sitting in the disclosure for every future buyer to see.

The lesson is straightforward: if in doubt, disclose. Your conveyancer can help you work through what needs to be included and how to present it.

Incomplete body corporate records. For units and townhouses, the body corporate information certificate is a prescribed document. Getting it right means dealing with the body corporate manager, and not all managers move at the same speed. Missing or incomplete body corporate records are one of the most frequent causes of disclosure-related delays in Brisbane strata transactions.

Environmental issues. Properties near former industrial sites, petrol stations, or waterways may appear on the Environmental Management Register or Contaminated Land Register. These are searchable and your buyer's conveyancer will check them. If you know the property has an environmental listing and you do not disclose it, you are exposed.

The termination risk is real

The legislation is clear on this point. If the disclosure documents are not provided correctly, or if they contain an error or omission relating to a "material matter" that the buyer was not aware of and would not have entered into the contract had they known, the buyer can terminate at any time before settlement.

"Material matter" is defined broadly. The legislation explicitly excludes council and water rates from the definition, but otherwise leaves it open to interpretation. Courts are expected to take a buyer-friendly approach given the consumer protection intent of the regime, which means sellers should err on the side of disclosing more, not less.

Termination means the buyer gets a full refund of all money paid, including any interest. The seller goes back to square one — back on the market, with the time and momentum of the original campaign lost.

What this means for your timeline

The practical impact on sellers is that you need to start the conveyancing process earlier than you used to. Under the old regime, many sellers engaged a conveyancer after the contract was signed. That approach no longer works.

A realistic timeline for preparing your disclosure pack looks something like this:

Six to eight weeks before listing: Engage your conveyancer. Discuss the property, identify any potential disclosure issues (unapproved works, environmental matters, disputes with neighbours, body corporate issues), and order the prescribed certificates.

Two to four weeks before listing: Certificates arrive. Your conveyancer reviews them, prepares the Form 2 with your input, and assembles the complete disclosure pack. You review and sign the Form 2.

At listing: The disclosure pack is ready to hand to any prospective buyer immediately. No delays. No scrambling. Your agent can present a contract for signing as soon as a buyer is ready.

This front-loading does take more effort, but it also means the sale process is smoother once it starts. A buyer who receives a complete, accurate disclosure pack upfront has less reason to delay and fewer grounds to terminate later.

A note for agents

Real estate agents in Queensland can prepare and exchange disclosure documents on behalf of the seller. That said, the disclosure pack benefits from a conveyancer's eye — particularly for properties with any complexity around title, body corporate, building approvals or environmental issues.

The agents we work with have largely moved to a model where the conveyancer prepares the disclosure pack and the agent coordinates its delivery to buyers. It is a practical split that plays to each party's strengths and reduces the risk of something being missed.

Frequently asked questions

When did the seller disclosure regime start?

It commenced on 1 August 2025 under the Property Law Act 2023. It applies to contracts signed on or after that date.

Does it apply to all property sales?

It applies to the sale of most freehold land in Queensland — residential, commercial and vacant land. There are limited exemptions for specific transaction types. Your conveyancer can confirm whether an exemption applies to your situation.

What if I make a genuine mistake on the Form 2?

A genuine error relating to a material matter can still give the buyer termination rights. The test is whether the error relates to something the buyer would have wanted to know before committing. The safest approach is to be thorough and seek advice on anything you are unsure about before completing the form.

How much does the disclosure pack cost?

Budget $200 to $600 depending on property type and the certificates required. Body corporate certificates for strata properties are typically the most expensive component.

Can I update the disclosure after the contract is signed?

The legislation allows for supplementary disclosures in certain circumstances, but the safest approach is to get it right the first time. A supplementary disclosure can itself raise questions that give the buyer grounds to rethink.

PROPRT Conveyancing prepares complete seller disclosure packs for Brisbane property sellers. [Get your disclosure prepared →]