From 1 August 2025, a new seller disclosure regime under the Property Law Act 2023 will take effect across Queensland. The new law introduces a mandatory disclosure process for all property transactions, including commercial sales.
This update is designed to increase transparency, reduce post-sale disputes, and align Queensland with other Australian states. For commercial property owners in Mackay and throughout Queensland, understanding these changes is crucial.
What Is the Seller Disclosure Statement?
Sellers of commercial property must now provide:
These documents must be provided before the contract is signed. If they’re missing or incorrect, the buyer can terminate the contract at any time before settlement and receive a full deposit refund.
What Must Be Disclosed?
The Seller Disclosure Statement includes:
Property Details – Lot, plan, legal description, body corporate info (if applicable)
Title & Encumbrances – Title search, easements, leases, and legal obligations
Land Use & Environment – Zoning, infrastructure proposals, contamination notices
Building Compliance – Pool safety (if relevant), unapproved work, owner-builder notices
Utilities & Rates – Most recent council and water bills, metering info
Body Corporate Documents – Certificates and community management statements (if required)
What’s Not Included But Still Matters
While the disclosure form is extensive, it doesn’t include all risk factors. Buyers and sellers should be aware of:
Flood and bushfire risk
Asbestos or hazardous materials
Structural, pest, or building defects
Pending development approvals or illegal works
Comprehensive due diligence remains essential in commercial property transactions.
What Happens If You Don’t Comply?
If the disclosure is:
…the buyer may cancel the contract any time before settlement and receive their deposit back in full.
across Queensland for commercial property sellers.
How Gardian Commercial Can Assist
At Gardian, our Commercial Division has taken proactive steps to understand and prepare for the upcoming legislative changes.
We are fully trained on the new seller disclosure requirements and are equipped to guide and support our commercial clients throughout the process. Our team will work closely with your solicitor to ensure you understand what’s required, what needs to be ordered, and how to meet your obligations under the new laws.
From connecting you with the right professionals to keeping your transaction timeline on track, we help make the selling process clearer and more efficient.
Selling Commercial Property in Queensland?
Understanding your legal obligations under the new seller disclosure regime is key to a smooth and successful transaction.
Gardian Commercial is here to assist. Based in Mackay and servicing clients across Queensland, we are ready to help sellers navigate these changes with confidence—offering guidance, experience, and local expertise every step of the way.
