Disclosure

Disclosure requirements in QLD

Currently, there is no formal seller disclosure regime in Queensland applying to the sale and purchase of freehold land.

That means Queensland sellers do not need to provide as much property disclosure information or documents to the buyer as they do in other states.

Sellers are instead required to comply with a complex mix of common law, statutory and contractual obligations.

But there is a proposal in place for mandatory disclosure of certain information in a single document along with any prescribed certificates, including a body corporate certificate, where relevant.

The seller disclosure scheme seeks to simplify freehold land contracts and empower buyers to make informed decisions about property dealings.

At present, sellers in QLD are only required by law to do the following;

• Give a disclosure notice to a prospective buyer if the property has a pool and there is no pool safety certificate. There is also an obligation to provide a pool safety certificate or notice of no pool safety certificate to a buyer before settlement.
• Disclose all encumbrances affecting the property.
• Notify the buyer if the property is recorded on the contaminated land or environmental management register, or if there is an application or an order about a tree on the property.
• Neighbourhood disputes

If you are selling a unit or townhouse, you must also provide the buyer with information about the body corporate.

Additionally, before settlement you must:

• advise the buyer whether the property has compliant smoke alarms and an approved electricity safety switch
• obtain and give the buyer a clearance certificate from the Australian Taxation Office.