Arnold Development Consultants advises all Queensland businesses in either the delivery and development of property or the sale of property of the significant legislative changes commencing today the 1st of August 2025, with the implementation of the Property Law Act 2023 (Qld) and the Property Law Regulation 2024 (Qld). These reforms introduce a mandatory seller disclosure regime that directly impacts all businesses engaged in the transfer of property in Queensland, including but not limited to those businesses involved in the development of property, the buying and selling of property, the pre-registration sale of property, or the consultancy & advice to the delivery and sale of property. Failure to comply with the new Act and regulations may result in buyers exercising their right to terminate contracts before settlement due to inadequate disclosure and legal action against sellers and associated professionals.
This is a massive shift in responsibility in Queensland with respect to the transfer of property, from a regime of “Buyer Beware” to “Seller to Disclose All”.
Seller Disclosure as of the 1st of August 2025 must include (but not limited to) the following:
- Relates to the sale of existing commercial, residential and industrial land in Queensland (ALL LAND);
- Relates to the pre-registration sale (Ie. Selling off the Plan/Disclosure) of all proposed commercial, residential, and industrial land in Queensland (ALL PROPOSED LAND);
- A Disclosure Statement (Form 2) must be prepared by the Seller which discloses ALL material issues relating to the subject land being transferred.
- Material issues relating to a property may include items like (this list in not exhaustive): Registered interests (See the Certificate of Title); Unregistered interests such as encroachments shown on an Identification Survey, heritage listing, CMS, Body Corporate Minutes; CTS, BMS, Unregistered Covenants (eg. Building Covenants), EPA disclosure, Local Authority land use notices (eg. Show Cause Notices or Enforcement Action), etc.
- property’s title and plan, encumbrances (like easements or mortgages), tenancy arrangements if applicable, and zoning information.
Arnolds’ have a service to assist with Seller Disclosure. If you are a Developer selling off the plan or a Commercial Lawyer preparing contracts for seller disclosure, feel free to reach out to Arnolds today for an obligation free quotation. If you would like to learn more about the changes to sales disclosure and the potential impact upon your business, after the 1st of August 2025 implementation of the Property Law Act 2023 (Qld) and the Property Law Regulation 2024 (Qld), then please feel free to reach out to Arnold Development Consultants.
For further detailed information about the Property Law Act 2023 and the Property Law Regulation 2024, please refer to official Queensland legislation links below:
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