The upcoming changes to Queensland’s property laws, particularly the new disclosure requirements, have been a topic of conversation in the real estate industry for quite some time. With the start date of 1 August 2025 just around the corner, commercial property sellers and agents need to ask themselves an important question: are you confident that you are ready?
These changes introduce new rules about what sellers must tell buyers before signing a contract. If you are in commercial real estate, this guide will help you understand what is required and how to prepare.
What Is the New Law About?
From 1 August 2025, sellers must provide buyers with specific information about the property before the contract is signed. This is part of the new Property Law Act 2023 (Qld).
The idea behind this law is to make the property sale process more transparent and to help buyers make informed decisions. It also helps avoid disputes caused by missing or inaccurate information after contracts are signed.
However, for sellers and agents, this will require much more care and diligence when preparing contracts. The documents provided must be accurate, up to date, and fully compliant with the new requirements. Even small oversights could give a buyer grounds to walk away from the deal, making thorough preparation more important than ever.
What Documents Must Sellers Provide?
If you are selling commercial property, you will need to give the buyer:
- A Seller Disclosure Statement: This is a government-approved form (Form 2) that sets out important details about the property.
- Supporting Documents: These might include a title search, zoning and planning certificates, rates notices, water bills, and body corporate documents if applicable.
These documents must be accurate and up to date. Most importantly, they must be given to the buyer before they sign the contract.
What Information Needs to Be Disclosed?
Here are some of the key details that may need to be included in the disclosure:
- Property description including lot and plan details, address, and seller information
- Whether the property is part of a body corporate or community titles scheme
- Any easements, leases, or other legal interests affecting the property
- Planning and zoning information including any heritage or environmental listings
- Details about buildings and structures including pool safety compliance or building notices
- Current rates and water bills
- Body corporate certificates and community management statements if relevant
Are There Any Exceptions?
While most commercial property sales will need to follow the new disclosure laws, there are some limited exceptions. These apply in specific situations where the level of buyer risk is considered lower or where disclosure may not be practical.
Some transactions that do not require seller disclosure include:
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Sales to government bodies or publicly listed companies
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Transactions where the buyer is a related party
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Sales over $10 million, provided the buyer agrees in writing to waive the disclosure requirement
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Transfers made under a court order or as part of a family law agreement
Even if your transaction may fall into one of these categories, it is still a good idea to seek legal advice to confirm whether an exemption applies and how to proceed.
What Happens If You Do Not Comply?
The consequences for failing to comply can be serious. If you do not give the required disclosure documents before the buyer signs, or if the documents are incorrect or incomplete in a material way, the buyer can terminate the contract before settlement.
This means deals can fall through at the last minute, costing time, money, and potentially leading to legal disputes.
How Can You Prepare?
The best way to stay ahead of these changes is to start preparing early. Here are some practical steps:
- Begin collecting necessary documents as soon as you decide to list the property
- Work with a solicitor or experienced agent who understands the new requirements
- Make sure all parties involved in the transaction understand their responsibilities
These new rules are designed to make buying and selling property fairer and more straightforward. With the right preparation, they do not need to be a hurdle.
Need Legal Support?
If you are preparing to sell commercial property in Queensland, our experienced team is here to help. We can prepare your seller disclosure statement and supporting documents, draft or review your contract, and make sure everything complies with the new legal requirements. With the right legal support, you can approach your sale with confidence and reduce the risk of costly setbacks.
Contact Ardor Legal today to get the right legal advice and protect your transaction from costly delays or disputes. Book a discovery call or call us on 1800BIZLAW to discuss your legal needs.
