Buying or selling property can already feel complicated. Add in decades-old laws, and it’s no wonder many Queenslanders find the process stressful.
To address this, Queensland property law has undergone its biggest reform in nearly 50 years. The Property Law Act 2023 (the Act), which came into effect on 1 August 2025, replaces the Property Law Act 1974 and introduces a new legal framework for real estate transactions.
These changes modernise conveyancing, create greater transparency, and impose new responsibilities on both sellers and buyers. Whether you are looking to purchase property in Queensland or preparing to sell, understanding these reforms is essential to protecting your rights and ensuring a smooth transaction.
A New Era of Seller Disclosure
A key reform under the new law is the requirement for sellers to disclose certain information to potential buyers. Previously, under the old system of caveat emptor, buyers carried the main responsibility for investigating a property before buying. Since the implementation of the Act, sellers must provide buyers with detailed property information upfront, ensuring transparency and reducing disputes.
Before a contract is signed, sellers are required to provide:
- A completed Form 2 Seller Disclosure Statement
- All prescribed certificates relevant to the property
All property contracts signed on or after 1 August 2025 are subject to this requirement, regardless of the listing date.
The disclosure must include information about:
- Registered and unregistered encumbrances
- Statutory restrictions and heritage listings
- Building notices and compliance issues
- Pool safety certificates or non-compliance notices
- Community title scheme documents
- Environmental protection notices
Documents can be provided in person, by post, email (with consent), or electronically.
Prescribed Certificates Sellers Must Provide
Alongside the disclosure statement, sellers must supply specific certificates. The type of property determines the documents required, but generally they include:
For most properties:
- Title searches and registered survey plans
- Pool safety certificates (if applicable)
- Environmental notices
- Building and construction commission notices
- Heritage documentation
For community title schemes:
- Community management statements
- Body corporate certificates (using new BCCM Form 33)
- Other body corporate documents
In special circumstances:
- Neighbourhood dispute orders under dividing fences legislation
- Transport infrastructure proposals
- Notices of government resumption intentions
Sellers must ensure the information is accurate and current. Outdated or incomplete certificates could expose them to legal risks and allow buyers to terminate contracts.
Greater Buyer Protection
The new disclosure regime significantly strengthens buyer protection. Buyers can now terminate a contract before settlement if:
- The seller fails to provide disclosure documents before signing
- The documents are inaccurate, incomplete, or misleading
- Material facts are withheld that would have influenced the decision to purchase
These rights give buyers confidence that they are making informed decisions and reduce disputes after contracts are signed.
Modernising Conveyancing Practices
The Act introduces a suite of new approved forms for use by lawyers, agents, and property professionals. Beyond Form 2, additional forms now cover:
- Instalment contract default notices
- Mortgagor notification requirements
- Receiver appointment documentation
- Lease breach notices
- Re-entry and lease renewal refusals
To support the new regime, the Real Estate Institute of Queensland (REIQ) has released updated residential and commercial contracts. Instead of multiple versions, there are now just two standard contracts – one for standard properties and one for community title schemes.
Leasing Law Reforms
The legislation also brings important changes to leasing arrangements.
Assignment of lease liability:
- Original tenants and guarantors are now released from liability once an assignee transfers the lease again.
- This is a major shift from the old common law rule where original tenants remained liable indefinitely.
Landlord re-entry procedures:
- Landlords must follow new statutory notice procedures before re-entering premises or refusing a lease renewal.
- Failure to comply could allow tenants or other affected parties to challenge the landlord’s actions in court.
Easements:
- Obligations under registered easements (such as land use or maintenance) now bind successors unless expressly stated otherwise.
- This significantly extends the effect of easements compared to previous law.
Auction Sales and Options
In auctions, the rules change because a buyer is legally bound as soon as the sale is confirmed. Now, before an auction, sellers must give all disclosure documents to every registered bidder.
For option agreements, disclosure must be provided when the option is signed. If the same buyer later exercises the option, no additional disclosure is needed.
Deeds and Commercial Transactions
The Act also impacts commercial transactions:
- For deeds made after 1 August 2025, the time to take legal action is halved—from 12 years to six.
- Partial debt assignments are now permitted, provided debtors are properly notified.
These changes remove some of the traditional advantages of deeds and bring Queensland law into line with modern commercial practices.
Exceptions to Disclosure
While disclosure is now the default, some exceptions apply.
Disclosure may be waived where:
- Contracts are between related parties, and the waiver is in writing
- Government entities are involved
- Specific transaction types fall under exemption categories
However, these exceptions are tightly defined. Sellers should always obtain legal advice before assuming they are exempt. Incorrect assumptions could result in serious compliance issues.
Embracing Digital Practices
The Act recognises that technology is playing a bigger role in property transactions. Disclosure documents can now be provided electronically, provided the buyer consents.
Approved forms are also available digitally, streamlining processes while maintaining legal validity and accessibility.
Professional Responsibility and Risk
The reforms significantly increase compliance obligations for lawyers, conveyancers, and agents. Non-compliance may result in:
- Buyers terminating contracts
- Compensation claims
- Professional liability exposure
- Disciplinary action from regulators
Practitioners must ensure:
- All required certificates are obtained
- Disclosure statements are accurate
- Clients are fully advised on risks and obligations
Implementation and Ongoing Obligations
Ongoing compliance will require:
- Continuous professional development
- Updated internal procedures for firms and agencies
- Regular client education
- Close monitoring of further legislative updates and court interpretations
This is not a temporary reform but a permanent transformation of how property transactions are conducted in Queensland.
Market Impact and Outlook
The Property Law Act 2023 represents Queensland’s commitment to modern, consumer-focused property laws. By prioritising transparency and fairness, the changes are expected to:
- Improve buyer confidence
- Reduce disputes and litigation
- Streamline conveyancing
- Enhance market efficiency
While the transition may initially challenge sellers, buyers, and professionals, the long-term effect is likely to be a stronger and more reliable property market.
We’ve Got You Covered
Our Residential Conveyancing Lawyers are fully up to date with the new requirements under the Property Law Act 2023. We can assist with:
- Preparing seller disclosure statements
- Obtaining prescribed certificates
- Reviewing contracts and compliance
- Managing transactions from start to finish
Whether you are buying or selling property in Queensland, we ensure that your interests are protected and every step complies with the latest legal requirements. Get in touch with one of our Cannonvale Lawyers or Bowen Lawyers today.
