From 1 August 2025, most property sales in Queensland will require the seller to provide a completed Form 2 Disclosure Statement and prescribed certificates before the buyer signs a contract. However, a limited set of exemptions exists. These apply to specific transactions where disclosure is not legally required due to the nature of the sale or the parties involved.
Below are the key exemptions sellers should be aware of.
1. Sales Between Related Parties
If the buyer and seller are related—by family, company structure, or trust arrangement—the disclosure requirement may be waived. This is only valid if the buyer provides written notice confirming the waiver before the contract is signed.
This exemption recognises that related parties often have prior knowledge of the property and may not require the same level of formal documentation. Without the signed waiver, however, disclosure is still required.
2. Sales to Government Entities
When the buyer is a government body or public authority, the transaction is exempt from the disclosure regime. This includes state departments, local councils, and agencies acting on behalf of the government.
These entities typically conduct their own due diligence and are not reliant on seller-provided disclosures.
3. Properties Sold for Over $10 Million
If the contract price exceeds $10 million (including GST), the seller is exempt from providing disclosure, but only if the buyer gives written notice waiving the requirement. The waiver must be obtained before signing the contract.
This exemption applies regardless of whether the property is residential or commercial and is based on the assumption that high-value buyers conduct extensive independent checks.
4. Boundary Realignments Between Adjoining Owners
Transactions involving minor adjustments to boundaries between neighbouring properties are exempt. These are not considered full property transfers and typically involve very limited land changes.
Because both parties already own adjoining lots and are aware of the land involved, disclosure is not required for these specific adjustments.
5. Other Specific Scenarios Defined by Law
Additional exemptions exist under the Property Law Act 2023 and supporting regulations. These may include:
Court-ordered transfers (e.g. under divorce or family law proceedings)
Transfers under a will or estate distribution
Certain transactions where consideration is nominal or symbolic
These situations are narrow in scope and often fall outside standard sale processes.
Key Requirements for Exemptions to Apply
To rely on any of these exemptions:
The buyer must provide written consent to waive disclosure (where applicable)
The waiver must be given before signing the contract
The transaction must meet the criteria exactly as defined in the legislation
Assumptions or verbal agreements are not sufficient. If the exemption is applied incorrectly, the buyer could later challenge the contract or terminate it prior to settlement.
Why It Matters
The majority of property sales in Queensland will need to comply with the new seller disclosure rules. These exemptions apply only in limited, clearly defined cases. Sellers and agents must understand where they apply, and when in doubt, seek legal confirmation.
Failing to provide a disclosure when required could result in the contract being voided, loss of deposit, and possible legal action.
From 1 August 2025, most property sales in Queensland will require the seller to provide a completed Form 2 Disclosure Statement and prescribed certificates before the buyer signs a contract. However, a limited set of exemptions exists. These apply to specific transactions where disclosure is not legally required due to the nature of the sale or the parties involved.
Below are the key exemptions sellers should be aware of.
1. Sales Between Related Parties
If the buyer and seller are related—by family, company structure, or trust arrangement—the disclosure requirement may be waived. This is only valid if the buyer provides written notice confirming the waiver before the contract is signed.
This exemption recognises that related parties often have prior knowledge of the property and may not require the same level of formal documentation. Without the signed waiver, however, disclosure is still required.
2. Sales to Government Entities
When the buyer is a government body or public authority, the transaction is exempt from the disclosure regime. This includes state departments, local councils, and agencies acting on behalf of the government.
These entities typically conduct their own due diligence and are not reliant on seller-provided disclosures.
3. Properties Sold for Over $10 Million
If the contract price exceeds $10 million (including GST), the seller is exempt from providing disclosure, but only if the buyer gives written notice waiving the requirement. The waiver must be obtained before signing the contract.
This exemption applies regardless of whether the property is residential or commercial and is based on the assumption that high-value buyers conduct extensive independent checks.
4. Boundary Realignments Between Adjoining Owners
Transactions involving minor adjustments to boundaries between neighbouring properties are exempt. These are not considered full property transfers and typically involve very limited land changes.
Because both parties already own adjoining lots and are aware of the land involved, disclosure is not required for these specific adjustments.
5. Other Specific Scenarios Defined by Law
Additional exemptions exist under the Property Law Act 2023 and supporting regulations. These may include:
Court-ordered transfers (e.g. under divorce or family law proceedings)
Transfers under a will or estate distribution
Certain transactions where consideration is nominal or symbolic
These situations are narrow in scope and often fall outside standard sale processes.
Key Requirements for Exemptions to Apply
To rely on any of these exemptions:
The buyer must provide written consent to waive disclosure (where applicable)
The waiver must be given before signing the contract
The transaction must meet the criteria exactly as defined in the legislation
Assumptions or verbal agreements are not sufficient. If the exemption is applied incorrectly, the buyer could later challenge the contract or terminate it prior to settlement.
Why It Matters
The majority of property sales in Queensland will need to comply with the new seller disclosure rules. These exemptions apply only in limited, clearly defined cases. Sellers and agents must understand where they apply, and when in doubt, seek legal confirmation.
Failing to provide a disclosure when required could result in the contract being voided, loss of deposit, and possible legal action.
From 1 August 2025, most property sales in Queensland will require the seller to provide a completed Form 2 Disclosure Statement and prescribed certificates before the buyer signs a contract. However, a limited set of exemptions exists. These apply to specific transactions where disclosure is not legally required due to the nature of the sale or the parties involved.
Below are the key exemptions sellers should be aware of.
1. Sales Between Related Parties
If the buyer and seller are related—by family, company structure, or trust arrangement—the disclosure requirement may be waived. This is only valid if the buyer provides written notice confirming the waiver before the contract is signed.
This exemption recognises that related parties often have prior knowledge of the property and may not require the same level of formal documentation. Without the signed waiver, however, disclosure is still required.
2. Sales to Government Entities
When the buyer is a government body or public authority, the transaction is exempt from the disclosure regime. This includes state departments, local councils, and agencies acting on behalf of the government.
These entities typically conduct their own due diligence and are not reliant on seller-provided disclosures.
3. Properties Sold for Over $10 Million
If the contract price exceeds $10 million (including GST), the seller is exempt from providing disclosure, but only if the buyer gives written notice waiving the requirement. The waiver must be obtained before signing the contract.
This exemption applies regardless of whether the property is residential or commercial and is based on the assumption that high-value buyers conduct extensive independent checks.
4. Boundary Realignments Between Adjoining Owners
Transactions involving minor adjustments to boundaries between neighbouring properties are exempt. These are not considered full property transfers and typically involve very limited land changes.
Because both parties already own adjoining lots and are aware of the land involved, disclosure is not required for these specific adjustments.
5. Other Specific Scenarios Defined by Law
Additional exemptions exist under the Property Law Act 2023 and supporting regulations. These may include:
Court-ordered transfers (e.g. under divorce or family law proceedings)
Transfers under a will or estate distribution
Certain transactions where consideration is nominal or symbolic
These situations are narrow in scope and often fall outside standard sale processes.
Key Requirements for Exemptions to Apply
To rely on any of these exemptions:
The buyer must provide written consent to waive disclosure (where applicable)
The waiver must be given before signing the contract
The transaction must meet the criteria exactly as defined in the legislation
Assumptions or verbal agreements are not sufficient. If the exemption is applied incorrectly, the buyer could later challenge the contract or terminate it prior to settlement.
Why It Matters
The majority of property sales in Queensland will need to comply with the new seller disclosure rules. These exemptions apply only in limited, clearly defined cases. Sellers and agents must understand where they apply, and when in doubt, seek legal confirmation.
Failing to provide a disclosure when required could result in the contract being voided, loss of deposit, and possible legal action.
From 1 August 2025, most property sales in Queensland will require the seller to provide a completed Form 2 Disclosure Statement and prescribed certificates before the buyer signs a contract. However, a limited set of exemptions exists. These apply to specific transactions where disclosure is not legally required due to the nature of the sale or the parties involved.
Below are the key exemptions sellers should be aware of.
1. Sales Between Related Parties
If the buyer and seller are related—by family, company structure, or trust arrangement—the disclosure requirement may be waived. This is only valid if the buyer provides written notice confirming the waiver before the contract is signed.
This exemption recognises that related parties often have prior knowledge of the property and may not require the same level of formal documentation. Without the signed waiver, however, disclosure is still required.
2. Sales to Government Entities
When the buyer is a government body or public authority, the transaction is exempt from the disclosure regime. This includes state departments, local councils, and agencies acting on behalf of the government.
These entities typically conduct their own due diligence and are not reliant on seller-provided disclosures.
3. Properties Sold for Over $10 Million
If the contract price exceeds $10 million (including GST), the seller is exempt from providing disclosure, but only if the buyer gives written notice waiving the requirement. The waiver must be obtained before signing the contract.
This exemption applies regardless of whether the property is residential or commercial and is based on the assumption that high-value buyers conduct extensive independent checks.
4. Boundary Realignments Between Adjoining Owners
Transactions involving minor adjustments to boundaries between neighbouring properties are exempt. These are not considered full property transfers and typically involve very limited land changes.
Because both parties already own adjoining lots and are aware of the land involved, disclosure is not required for these specific adjustments.
5. Other Specific Scenarios Defined by Law
Additional exemptions exist under the Property Law Act 2023 and supporting regulations. These may include:
Court-ordered transfers (e.g. under divorce or family law proceedings)
Transfers under a will or estate distribution
Certain transactions where consideration is nominal or symbolic
These situations are narrow in scope and often fall outside standard sale processes.
Key Requirements for Exemptions to Apply
To rely on any of these exemptions:
The buyer must provide written consent to waive disclosure (where applicable)
The waiver must be given before signing the contract
The transaction must meet the criteria exactly as defined in the legislation
Assumptions or verbal agreements are not sufficient. If the exemption is applied incorrectly, the buyer could later challenge the contract or terminate it prior to settlement.
Why It Matters
The majority of property sales in Queensland will need to comply with the new seller disclosure rules. These exemptions apply only in limited, clearly defined cases. Sellers and agents must understand where they apply, and when in doubt, seek legal confirmation.
Failing to provide a disclosure when required could result in the contract being voided, loss of deposit, and possible legal action.