When Is Form 33 vs. Form 34 Required in Queensland Sales?

Introduction

If you are selling property in a Queensland community title scheme, one of the most important compliance steps is providing the correct body corporate certificate. From 1 August 2025, under the Property Law Act 2023, this certificate becomes part of the mandatory Form 2 Seller Disclosure package.

But not all schemes use the same certificate. The two most common documents are Form 33 and Form 34, and using the wrong one can render your disclosure invalid. In some cases, the buyer may terminate the contract right up until settlement.

This guide explains the differences between Form 33 and Form 34, when each is required, and how platforms like SearchX help ensure you never attach the wrong certificate.

Why Compliance Matters More Now

Under the new disclosure regime, body corporate certificates must be:

• Accurate

• Complete

• Up to date

• Delivered before the buyer signs

If the wrong form is attached, or if the certificate is outdated, the entire disclosure becomes defective. Buyers can cancel, putting the sale, commission and timeline at risk.

What Is Form 33?

Form 33: Body Corporate Certificate applies to most community title schemes in Queensland.

Common examples include:

• Apartment buildings

• Townhouse complexes

• Large multi-lot schemes

Form 33 provides buyers with essential financial and administrative details, including:

• Current levies

• Outstanding amounts

• Sinking and administrative fund balances

• Insurance policies

• Relevant notices or orders

• Body corporate debts

Form 33 is mandatory for most scheme sales and must be included in the Form 2 disclosure pack.

What Is Form 34?

Form 34: Body Corporate Certificate for Two-Lot Schemes is designed specifically for:

• Two-lot community title schemes

• Small duplex-style arrangements

These schemes do not operate like traditional corporate bodies. Often, there is:

• No professional manager

• No formal committee

• Shared insurance responsibilities

• Simplified financial structures

Form 34 reflects this simplicity while still providing buyers with key information such as:

• Contributions payable

• Insurance arrangements

• Shared obligations

• Outstanding debts or disputes between the two owners

If you use Form 33 instead of Form 34 for a two-lot scheme, disclosure is defective.

Comparing Form 33 and Form 34

How to Know Which Applies

Ask yourself:

1. How many lots are in the community title scheme?

   • More than two? Use Form 33

   • Exactly two? Use Form 34

2. Does your scheme fall under a different legislation (e.g. BUGTA or CTSMA)?

   • You may require Form 18 instead.

3. Not sure? SearchX automatically identifies the correct form based on property data.

How to Order and Attach Body Corporate Certificates

Step 1: Request the Correct Form

You can request:

• Form 33 or 34 from your body corporate manager,

• or through SearchX, which retrieves the correct certificate automatically.

Step 2: Verify the Details

Check:

• Levy balances

• Insurance schedule

• Outstanding amounts

• Naming consistency with the title search

Step 3: Attach to Your Form 2 Disclosure Pack

The certificate must accompany:

• The Community Management Statement (CMS), and

• All other prescribed certificates

Delivery must occur before the buyer signs.

Timing and Legal Risks

• Body corporate certificates must be current on the date of disclosure.

• If your Form 33 or Form 34 is outdated, incorrect or missing, disclosure is defective.

• The buyer can terminate at any time before settlement.

This is why correct form selection and timing are critical.

How SearchX Automates Document Collection

Manually tracking certificate types, expiry dates and attachments is risky. SearchX removes that risk by:

• Automatically detecting whether a property requires Form 33 or Form 34

• Ordering the correct certificate

• Alerting you if a document is missing

• Packaging everything into a compliant Form 2 disclosure pack

• Providing legal review through SearchX Legal

This ensures sellers, agents and lawyers never attach the wrong body corporate certificate again.

Conclusion

Choosing between Form 33 and Form 34 is not optional, it is essential for compliant property sales in Queensland. A single mistake can compromise your contract.

Whether your property sits in a large community title scheme or a simple two-lot arrangement, always confirm which body corporate certificate applies.

Platforms like SearchX make the process simple by identifying, collecting and verifying the correct documents automatically, ensuring your disclosure is compliant long before a buyer signs.

Frequently Asked Questions

Is Form 33 mandatory for all apartments in Queensland?

No, Form 33 is not mandatory for all apartments in Queensland. It applies only to apartments in community titles schemes governed by the BCCM Act's standard, accommodation, commercial, or small schemes modules; specified two-lot schemes require Form 34 instead.

What happens if I provide Form 33 instead of Form 34?

Providing Form 33 instead of Form 34 for a specified two-lot scheme makes the seller disclosure defective under the Property Law Act 2023. Buyers can terminate the contract at any time before settlement.

Do I still need a body corporate certificate if the seller cannot obtain one

No, if the seller cannot obtain a body corporate certificate, include an explanatory statement in Form 2 instead. However, this carries termination risks, so seek legal advice promptly.

When do I use Form 33 instead of Form 34 for Queensland property sales?

Use Form 33 for community titles schemes under the BCCM Act's standard, accommodation, commercial, or small schemes modules (e.g., apartments, townhouses). Form 34 applies only to specified two-lot schemes under the Specified Two-lot Schemes Module.

Who prepares and provides Form 33 or Form 34?

The body corporate (manager, committee, or for Form 34, lot owners) must issue it to the seller upon request and fee payment.