From 1 August 2025, the way property transactions are handled in Queensland will undergo a major shift, and buyers need to be ready. The long-anticipated Property Law Act 2023 (Qld) (the Act) and Property Law Regulation 2024 (Qld) will come into effect, replacing legislation that’s guided property dealings for almost 50 years.

If you plan to buy property in Brisbane after this date, there are some significant changes you should be aware of. The new law aims to simplify the process, improve transparency, and bring Queensland into line with other states. But it also places greater responsibility on buyers,  including the need to understand your rights and review contracts and disclosure documents more carefully than ever before.

What’s Included in This Post

Planning to buy property in Brisbane after 1 August 2025? This guide walks you through what’s changing under the Act and how to protect yourself as a buyer. Here’s what we cover:

• Why the Property Law Act 2023 matters to Brisbane buyers
  
• An overview of the new seller disclosure regime
  
• Exactly what must be disclosed under the new law
  
• When seller disclosure is not required
  
• Who can give disclosure, and when it must be provided
  
• Why this matters for buyers, and the risks to watch out for
  
• Other key legal changes affecting property purchases
  
• How contracts will change from 1 August 2025
  
• What Brisbane buyers should do now to prepare
  
• Will the new law delay settlements?
  
• A full breakdown of what’s included in the Form 2 – Seller Disclosure Statement
  
• Quick FAQs about the Property Law Act and disclosure in Queensland
  

Why the Property Law Act 2023 Matters to Brisbane Buyers

The new Act replaces the Property Law Act 1974, which no longer reflects modern property practices, particularly in today’s digital and fast-paced environment.

The most significant shift for buyers is the introduction of a mandatory seller disclosure regime, which represents a move away from the “buyer beware” model that Queensland has historically followed.

The New Seller Disclosure Regime: What You Need to Know

Under the new regime, sellers are required by law to provide buyers with:

• A completed Form 2 – Seller Disclosure Statement, 
• Form 33 & Form 34 – Body Corporate Certificate
• Form 18 – Building Units and Group Titles Act (BUGTA) parcels (noting that this rarely applies and is more likely for South Bank and some resort properties. 

Importantly, seller disclosure and the above forms must be given before the contract is signed by the buyer. 

This applies to both:

• Contracts of sale, and
  
• Option agreements (including put and call options)
  

What Must be Disclosed?

The details that must be disclosed are set out in the Form 2 – Seller Disclosure Statement, and they are extensive. In most cases, sellers will need to order searches to compile the required information, so it’s essential that disclosure is prepared early in the sales process rather than waiting until a buyer is found.

The disclosure may include (but is not limited to):

• Title search and registered plan
  
• Survey plans or site maps
  
• Registered and unregistered encumbrances (e.g. easements or covenants)
  
• Zoning, contamination notices, or heritage listings
  
• Notices or orders (e.g. pool safety, resumption, or environmental enforcement)
  
• Recent council and water rates
  
• Body corporate information (if applicable)
  

If any of this information is missing, incorrect, or misleading, the buyer may have the right to terminate the contract at any time before settlement.

Under section 104 of the Act, the buyer may terminate the contract in two key situations:

1. The required disclosure was not provided at all; or
   
2. The disclosure was provided before the buyer signed, but the information was materially inaccurate, and the buyer was unaware of the true state of affairs, and would not have entered into the contract had they known.

These are powerful buyer protections, and they place a clear onus on the seller to ensure the disclosure is both complete and accurate from the outset.

TIP: Scroll to the end of this post to see exactly what’s included in the Form 2 – Seller Disclosure Statement.

When Disclosure Isn’t Required

The new disclosure regime under the Act doesn’t apply in every situation. There are several important exemptions buyers and sellers should be aware of.

1. Off-the-plan purchases are excluded

The seller disclosure obligations do not apply to proposed lots –  meaning off-the-plan contracts are excluded. These remain governed by separate disclosure requirements under other legislation (such as the Body Corporate and Community Management Act for strata lots).

2. Other disclosure exemptions

Section 100 of the Act sets out specific scenarios where disclosure is not required. These include, but are not limited to:

• Sales between related parties, where the buyer has waived disclosure in writing
  
• Sales involving a government body
  
• Boundary realignments where the transaction doesn’t involve a full title transfer
  
• Contracts arising from the exercise of an option between the same parties (since disclosure was already required at the option stage)
  
• Transactions over $10 million (including GST), where the buyer has waived disclosure obligations
  

Who Can Give Disclosure?

The seller disclosure can be given by the seller themselves or by someone authorised to act on their behalf, such as a lawyer or real estate agent. While the Act does not require that authority to be in writing, we strongly recommend that it is. At Brisbane Property Lawyers, we can provide a simple template that gives agents written authority to sign the disclosure on the seller’s behalf.

Timing of the Disclosure

The seller disclosure must be true and correct at the time it is given. There is no ongoing obligation to provide updates or further disclosures after signing, unlike in some other states, where updates are required.

This makes it even more critical to get it right the first time. If you’re unsure about how to prepare, sign, or deliver the disclosure statement correctly, we can provide clear legal advice and practical support.

Why This Matters for Buyers

The new disclosure rules are a step in the right direction as they improve transparency and aim to protect buyers. But they don’t remove all risk. As a buyer, you still need to take an active role in reviewing the information provided.

Here’s what you should do:

• Read and understand the disclosure statement – Don’t just glance over it. Take the time to read it carefully and flag any points that seem unclear.
  
• Review all attachments thoroughly – Don’t assume that search results or supporting documents are error-free. Even minor discrepancies can have serious consequences.
  
• Get legal advice before signing – While disclosure helps, it’s not a substitute for tailored legal guidance. A property lawyer can explain the fine print, identify red flags, and protect your rights.

At the end of the day, the disclosure statement is only as helpful as your understanding of it — and that’s where the right legal support makes all the difference.

Other Key Changes Buyers Should Be Aware Of

While the new seller disclosure regime is the headline reform, the Act also introduces several other important updates that may affect your property purchase:

Modernised co-ownership rules

Part 5, Co-ownership of property includes more explicit provisions around joint tenancies, severance, and co-ownership arrangements. This is particularly relevant for buyers purchasing with a partner, family member, or friend. These updates aim to reduce confusion and help co-owners better understand their rights and obligations.

Simplified easements and leases

Division 2 of the Act and Part 9 modernise the legal language to clarify easements, leases, and other property interests. These changes make it easier to interpret contract terms and understand your rights related to access, shared boundaries, or leasing arrangements, whether you’re buying a freehold home or a property with shared infrastructure.

Formal recognition of electronic contracts and notices

Digital practices that became common during COVID are now officially part of Queensland law. The Act (Division 1) confirms the validity of electronic contracts, digital signatures, and the delivery of notices via email. As a buyer, it’s more important than ever to understand how your contract is executed and how critical documents are served – especially if issues arise close to settlement.

Contracts Will Change from 1 August 2025

From 1 August 2025, the REIQ property contract – used in most Queensland residential property sales – will be updated to reflect the new legal requirements under the Act.

Key changes will include:

• New clauses dealing with mandatory seller disclosure
  
• Updated standard terms and conditions to align with the Act
  
• Enhanced provisions for digital signing and electronic communication, including how notices must be delivered
  

If you use an outdated contract template after this date, you risk creating a non-compliant agreement, which could lead to disputes or even termination.

To avoid costly errors, both buyers and sellers should ensure their contracts are up to date and accurately reflect the current legal framework. Our team at Brisbane Property Lawyers can review your draft agreement or assist with preparing a compliant contract from the outset.

What Should Brisbane Buyers Do Now?

With the new laws coming into effect, buyers need to be more informed and proactive than ever. Here’s how to stay protected and make confident decisions:

1. Understand the basics

You don’t need to memorise the legislation, but you should have a clear idea of what a disclosure statement includes and why it matters. Make sure you know where to access the documents and what to look out for.

2. Engage a property lawyer early

A legal review is more important than ever under the new rules. Even a fully compliant disclosure can still reveal hidden risks, such as flood overlays, environmental notices, or zoning restrictions, that could impact your plans or resale value.

3. Don’t rely on disclosure alone

Disclosure is helpful, but it does not guarantee that everything is risk-free. You should still:

• Confirm inclusions and exclusions match what was discussed
  
• Read all attachments and search results carefully
  
• Organise building and pest inspections as usual
  
• Ask questions and seek clarification before you sign
  

At Brisbane Property Lawyers, we’re here to help you navigate this new landscape with confidence –  reviewing your contract, explaining your rights, and making sure nothing gets missed.

TIP: Scroll to the bottom for our quick FAQs on the Property Law Act and seller disclosure.

Will the New Law Delay Settlements?

Possibly, and especially in the early stages.

With new disclosure obligations and updated contracts coming into play, some delays are likely while the industry adjusts. Buyers should be prepared for:

• More back-and-forth between sellers, agents, and legal teams
  
• Delays in preparing or correcting seller disclosure packs
  
• A greater need for contract reviews, amendments, or clarification

These changes don’t mean settlements will grind to a halt, but there’s definitely more room for things to go wrong if documents are missed or misunderstood.

Working with an experienced property lawyer from the start can help you stay ahead of the changes, avoid costly mistakes, and keep your settlement timeline on track.

Buying in Brisbane After 1 August 2025

The Property Law Act 2023 (Qld) introduces significant changes designed to protect buyers, but with that protection comes more legal complexity and paperwork. You’ll need to be informed, ask the right questions, and avoid relying on assumptions.

That’s where we come in.

At Brisbane Property Lawyers, we’re across the new rules and ready to help you understand your contract, your disclosure, and your next move.

• Fixed-fee conveyancing
• Fast contract reviews
• Local, plain-English advice

Get a free initial consultation by calling us on (07) 3266 3843 or contact us online

---

What’s Included in the Seller Disclosure Statement

To comply with the Property Law Act 2023 (Qld), sellers must provide buyers with a completed Form 2 – Seller Disclosure Statement, along with certain supporting documents. The disclosure is designed to provide buyers with a clear understanding of the property’s title, use, planning constraints, structures, and services before they sign the contract.

The required information is detailed and often relies on thorough searches and third-party documents. For this reason, we recommend that sellers begin preparing their disclosures well in advance – ideally, before listing or negotiating with a buyer.

Here’s a summary of what must be included, depending on the property type and circumstances:

Part 1 – Seller and Property Details

• Seller name(s)
• Property address
• Lot on plan description
• Whether the property is part of a Community Titles Scheme or BUGTA scheme

Part 2 – Title, Encumbrances, Tenancy

• Title search showing registered interests under the Land Title Act 1994
• Plan of survey
• Registered encumbrances (as shown on title search)
• Unregistered encumbrances, including:
  • Unregistered lease (with details: term, rent, bond, option to renew)
  • Other unregistered written agreements (with copy of agreement and plans)
  • Unregistered oral agreements (details required)
• Statutory encumbrances (e.g. easements, notices, etc.)
• Residential tenancy or rooming accommodation agreement in the last 12 months
  • Date of last rent increase (required if tenancy exists)

Part 3 – Land Use, Planning, Environment

• Zoning under applicable planning legislation
• Whether affected by:
  • A transport infrastructure proposal
  • A resumption notice
• Environmental information:
  • Listed on the Environmental Management Register or Contaminated Land Register
  • Notices under Environmental Protection Act:
    • s408(2): contamination/clean-up
    • s369C(2): environmental enforcement
    • s347(2): environmental program
• Tree order/application under Neighbourhood Disputes Act
• Heritage status:
  • Under the Queensland Heritage Act or World Heritage listing
• Flooding: buyer directed to make their own enquiries
• Vegetation, koala habitats and development restrictions: buyer directed to check with State government

Part 4 – Buildings and Structures

• Whether there is a swimming pool (including shared pool)
• Pool compliance certificate or notice of no certificate
• Owner-builder work in past 6 years (disclose and provide QBCC notice)
• Any outstanding notices or orders from local, state or federal authorities
• Advisory note about asbestos (no affirmative disclosure required)

Part 5 – Rates and Services

• Rates:
  • Most recent notice showing amount and date range, or
  • Indicate if exempt or no separate assessment
• Water services:
  • Most recent water notice, or estimated amount if no separate notice is issued

Part 6 – Community Titles/BUGTA (if applicable)

If the property is part of a Community Titles Scheme or BUGTA scheme:

• Community Management Statement (copy required)
• Body Corporate Certificate (or explanatory statement if not attached)
• Statutory warranties under the relevant Act (BCCM Act or BUGTA)

Part 7 – Signatures

• Signature of each seller (with name and date)
• Signature of each buyer acknowledging receipt of the disclosure statement before entering into contract

Prescribed certificates to be provided with seller disclosure

There are a number of prescribed certificates that must be given to the Buyer in addition to the Form 2 Seller Disclosure where they apply:

• Title search
• Copy of the registered plan
• Owner Builder Notice under s47 where applicable
• Contaminated land notices – This includes where the property is on the Contaminated Land Register or Environmental Management Register, or other environmental action has occurred.
• Show cause and enforcement notices that have been issued, such as show cause notices for unapproved works.
• Notices or orders requiring works to be done – this includes matters such as a Council notice to remedy noxious weeds.
• Resumption notices
• Pool safety certificate / Notice of no pool safety certificate
• Body corporate information certificate (including a copy of the community management statement) or an explanatory statement as to why an information certificate is not available – note a body corporate has 5 business days to return your request for a body corporate certificate. 

---

Quick FAQs: The Property Law Act 2023 and Brisbane Buyers

1. Do I still need a property lawyer if the seller provides a disclosure statement?
Yes. While disclosure is now mandatory, it doesn’t replace the need for legal advice. A property lawyer can help you interpret the documents, flag any red flags (like encumbrances or planning issues), and ensure your rights are protected before you sign.

2. What happens if the seller forgets to give me the disclosure statement?
If the seller fails to give you the required disclosure before you sign, you may have the right to terminate the contract at any time before settlement under section 104 of the new Act. This is a powerful protection, but it relies on the buyer understanding their rights.

3. Can my agent give me the seller disclosure statement?
Yes. The disclosure can be given by the seller or an authorised person, such as an agent or lawyer. While written authority isn’t legally required, it’s strongly recommended – and something our team can help you set up properly if you’re an agent.

4. Does the new disclosure regime apply to off-the-plan purchases?
No. The seller disclosure regime does not apply to proposed lots – such as off-the-plan apartments or land yet to be subdivided. These contracts have their own disclosure obligations under different legislation, and you should still seek legal advice before signing.