Form 2 Seller Disclosure 1 August 2025

Queensland is about to undergo one of the biggest property law reforms under the Property Law Act 2023 (Qld) and associated regulations with the introduction of the long awaited Form 2 Seller Disclosure Forms coming into effect.

From the 1 August 2025 all Sellers will be required to provide a buyer with a Form 2 Seller Disclosure Statement.

The Seller needs to have this prepared when they list the property ready to provide to buyers. A failure to provide a compliant and correct disclosure gives a buyer a right to terminate the contract which is not what a Seller would want. This is why it is important not to self help and prepare your own Form 2.

Our Fees:

We will be preparing Form 2 Seller Disclosure for a fixed professional fee of $440.00 plus all searches and outlays which are dependent on the disclosure required.

To give you a better understanding the below link will take you to the prescribed Form 2 for your information:

https://www.publications.qld.gov.au/dataset/property-law-act-2023-forms/resource/7a1be178-d2d5-4744-9147-9699c04ee8d8

There are a number of other prescribed certificates and information which are required to be provided that will form part of the Disclosure as outlined below:

PRESCRIBED CERTIFICATES

Sellers must also provide the following Prescribed Certificates:

• Current title search
• Registered plan
• Owner builder notice if building works have been completed by an unlicensed person within the last 6 years
• If the Seller has been given a show cause or enforcement notice which remains in effect under the Building Act 1975 or Planning Act 2016
• If the Seller has received a notice or order by a competent authority requiring work to be done or money spent which remains in effect, a copy of the notice
• Contaminated Land Search
• If the property contains a pool, a pool safety certificate or notice of no pool safety certificate
• If the property is a lot in a community titles scheme or BUGTA scheme, a copy of the Body Corporate Certificate for the lot (in the approved form) or, an explanatory statement as to why it cannot be provided.

PRESCRIBED INFORMATION

Sellers are also required to provide the following Prescribed Information:

• Name of the Seller, address of the lot, legal description
• Details of registered encumbrances (ie. easements or covenants)
• Details of unregistered encumbrances (ie. access agreements, unregistered mortgage or tenancy agreement)
• Details of statutory encumbrances (ie. dial before you dig) which includes a description of the encumbrance and plan showing the location of the infrastructure
• Zoning information
• QCAT Neighbourhood Disputes search
• Transport and Main Roads search
• Heritage search
• If the Seller has received a notice of intention to resume the lot or any part of it by any Authority
• Most recent rates and water rates notices
• If subject to a residential tenancy agreement, a copy of the tenancy agreement and the date of the last rent increase and 12 months rental statements

There are a number of exceptions to the new regulations as outlined below:

1. Off the plan contracts;
2. leasehold land;
3. transfer of related party land by gift;
4. water allocations;
5. Government body transactions such as resumptions;
6. Court order transfers;
7. transmission transfers subject to estate transfers;
8. where the purchase price is more than $10 Million or more and the buyer is happy to sign a waiver to this effect.

You should always consult with a qualified Solicitor prior to providing a Form 2 to the Buyer to ensure compliance.