Queensland Property Law Amendment Changes Every Real Estate Agent Must Understand
A vendor calls to ask why their settlement has stalled. Their buyer’s solicitor has just issued a notice of termination — not because of anything wrong with the property itself, but because a single prescribed certificate was missing from the disclosure package signed two months earlier. Under the old framework, that conversation never happened. Under Queensland’s new property law landscape, it is now a live risk on every file your agency touches.
The regulatory changes reshaping Queensland property practice did not arrive as a single dramatic event. They arrived in layers — a landmark new Act replacing 50-year-old legislation, a federal compliance framework being extended to the real estate sector for the first time, and updated leasing obligations that apply retrospectively to existing leases. Together, they represent the most significant cumulative shift in agent obligations since the Property Occupations Act 2014 replaced PAMDA.
This article unpacks the changes that directly affect your daily practice, what they require you to do differently, and where the professional risk sits if you don’t.
The Property Law Act 2023: Queensland’s Biggest Property Law Overhaul in Decades
On 25 October 2023, the Queensland Government passed the Property Law Act 2023 — replacing the Property Law Act 1974. The Act commenced on 1 August 2025, following proclamation given by the Queensland Government on 20 September 2024. If you have not yet adjusted your workflows to reflect this, you are already behind.
The new seller disclosure scheme in the Property Law Act 2023 marks one of the most significant shifts to Queensland’s property law landscape in decades. This move aligns Queensland’s property regulations with existing rules in New South Wales and Victoria. For agents who have worked interstate, much of this will feel familiar. For those who have only ever practised in Queensland, it represents a fundamental change in how the sales process must be structured.
The Act is supported by the Property Law Regulation 2024 (Qld). Significant reforms are also being introduced through the Body Corporate and Community Management (Body Corporate Certificates) and Other Legislation Amendment Regulation (Qld). Understanding both is necessary for any agent managing community title properties.
The Seller Disclosure Regime: Pre-Contract, Mandatory, Non-Negotiable
Queensland’s seller disclosure scheme is a mandatory disclosure regime introduced by the Property Law Act 2023. It applies to sales of existing residential property, commercial property, and vacant land. The seller disclosure regime cannot be contracted out of (s 98 of the Act). No special condition, no buyer acknowledgement, and no clever drafting removes this obligation.
Form 2 (Version 1) is effective from 1 August 2025, and references the seller disclosure obligations in section 99 of the Property Law Act 2023. The key change is timing: disclosure must happen before the buyer signs the contract. This is the point where agent workflows must change. The days of getting a contract signed first and gathering searches later are over.
New mandatory seller disclosure requirements apply to contracts and options entered into from 1 August 2025, unless an exception applies. The seller must give the buyer ‘disclosure documents’ — being a seller disclosure statement in the prescribed form and prescribed certificates listed in the Property Law Regulation 2024 — before the buyer signs the contract or option.
Sellers have several options for preparing the disclosure statement, but real estate agents must follow strict procedures, cannot provide legal advice, and should not interpret search results. Agents can charge for preparing the Form 2, but the cost must be listed in the PO Form 6 Appointment of Property Agent.
What the Form 2 Must Cover
Form 2 includes key information about the property’s legal title, encumbrances, zoning, environmental notices, pool safety status, rates, and more. In addition to the seller disclosure statement, the seller must provide certain documents prescribed by regulation. The prescribed certificates include a body corporate certificate and copy of the community management statement if the property is included in a community title scheme, and notices under other legislation, including the Queensland Building and Construction Commission Act 1991, Building Act 1975, Planning Act 2016, and Environmental Protection Act 1994.
Properties within community titles schemes must include the standard Form 2 disclosure statement along with additional documents such as the community management statement and a body corporate certificate (Form 33 or 34). Similarly, properties within BUGTA schemes require a Form 2 disclosure statement plus body corporate certificates in Form 18 format.
While the new Seller Disclosure Statement is more thorough and wide-ranging than previous disclosure requirements, it is not comprehensive. For example, flooding history is not included, and buyers should still conduct their due diligence to ensure they are satisfied with the property in all regards. Agents should not assume that a completed Form 2 indemnifies their vendor against all post-sale claims — it does not.
Auctions Require Specific Timing
The scheme applies to auctions, but the delivery method is different because a contract is taken to be signed by the buyer at the completion of the auction — meaning the seller must comply before the auction is completed. Different processes apply depending on when the successful bidder registers: if the buyer registers before the start of the auction, disclosure documents must be given before the auction starts; if the buyer registers after the auction starts, the seller must have the disclosure documents available from the start to completion of the auction, with specific rules for in-person versus electronic auctions.
For agents running auction campaigns, this shifts pre-auction administration materially. Every registered bidder must have access to valid disclosure documentation before the hammer falls. Build this into your auction preparation checklist without exception.
The Consequences of Non-Compliance Are Severe
Generally, a buyer may terminate a contract at any time before settlement if a seller fails to provide a compliant seller disclosure statement or prescribed certificate, or provides a disclosure statement that is inaccurate or incomplete in relation to a material matter affecting the property that the buyer was unaware of and would not have proceeded to sign the contract knowing. If the contract is terminated, the buyer is entitled to a full refund of all money paid, including any interest accrued on that amount.
The legislation leaves the term ‘material matter’ open for interpretation, with the exception that it excludes information relating to the property’s council and water rates. Given the consumer protection focus of the new regime, it is anticipated that courts will take a buyer-friendly approach when interpreting these provisions.
Under this regime, the mere absence of proper disclosure, or the presence of a material error, can render the contract voidable at the buyer’s discretion, even if the flaw is minor or causes no actual harm. This effectively provides the buyer with a powerful means to exit a contract without penalty if the seller’s disclosure obligations have not been meticulously fulfilled.
Queensland Property Law Amendment Changes: Leasing Obligations Under the New Act
The Property Law Act 2023 does not only affect sales. From 1 August 2025, the Act introduced changes to how some leases operate in Queensland, and many of these changes cannot be contracted out of — they apply even if the lease was signed prior to 1 August 2025. For property managers, this is the area that demands immediate attention.
From 1 August 2025, the Act’s leasing provisions apply to all relevant tenant proposals, regardless of when the lease was entered into. A more defined process — including a ‘proposal notice’ from tenants and ‘decision notice’ from landlords (section 142) — has been introduced when tenants seek landlord consent to certain actions. Property managers acting for landlords must understand this process and ensure their clients respond within the prescribed timeframes.
A new section regarding subsequent assignments alters the common law. If the tenant assigns the lease to an assignee and, after that assignment, the assignee assigns to a subsequent assignee, then the original tenant and any guarantor are released from liability to the landlord for a breach by the subsequent assignee. The original tenant remains liable after the first assignment, but is released following any subsequent assignment. The parties cannot contract out of this release, as it applies despite any agreement to the contrary.
For commercial property managers advising landlords on lease structures, this is a meaningful change to the risk profile of assignment clauses. Landlord clients taking comfort from original tenant guarantees on subsequent assignments need to be advised that this position no longer holds under the new Act.
Provisions dealing with a delay of settlement due to an adverse event — such as weather, a public health emergency, an act of terrorism, or war — now apply under the Act, and these provisions largely reflect the current ‘delay event’ provisions in the REIQ Contracts. New provisions also relate to inoperative computer systems for electronic conveyances on the date of settlement, to ensure consistency between paper-based and electronic transactions.
The REIQ has introduced new resources and delivered training events to ensure all real estate professionals in Queensland are prepared for these changes. Additionally, the REIQ Contracts have been updated prior to commencement. If you are still using pre-August 2025 contract templates, update them immediately. Using outdated REIQ forms creates compliance risk at the transaction level.
The AML/CTF Tranche 2 Reforms: A New Compliance Burden for Every Agency
Alongside the Queensland property law amendment changes, a federal reform is set to alter agent obligations at the transaction level. The Australian Parliament passed the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 (Cth) on 29 November 2024. The Bill expands the regime’s application to services provided by certain high-risk businesses and professions — ‘Tranche 2 entities’ — including real estate professionals and developers.
From 1 July 2026, AML/CTF obligations will apply to certain services typically provided by real estate professionals — such as real estate agents, buyer’s agents, and property developers. This is not a distant prospect. If you are caught under Tranche 2, you will be required to comply by 1 July 2026. This date is legislated, so understanding your obligations is essential to being adequately prepared.
Designated services captures non-financial businesses and professions such as lawyers, accountants, real estate agents, dealers in precious stones, metals and products, and trust and company service providers — including any providing a “designated service” with a geographical connection to Australia. The goal is to align Australia with international standards set by the Financial Action Task Force (FATF), close regulatory gaps, and combat financial crime more effectively.
What Agents Must Do Before 1 July 2026
From 1 July 2026, Tranche 2 entities must enrol with AUSTRAC — with mandatory registration as a reporting entity opening on 31 March 2026. Enrolment is the first and most time-critical step. Every principal running a licensed agency in Queensland needs to confirm whether their activities constitute “designated services” under the amended Act and enrol accordingly.
Beyond enrolment, the Act imposes ongoing operational obligations. Agents must establish an AML/CTF framework and onboard agency staff with clear policies and documented procedures; conduct customer due diligence (CDD) by verifying the identity of clients and assessing transaction risks; report suspicious activity to AUSTRAC; keep secure and detailed records of client identification, transactions, and due diligence activities for a minimum of seven years; and conduct ongoing client monitoring to identify and respond to any suspicious or unexpected activity.
The AML/CTF program must be documented and approved by a senior manager of the business, kept up to date to reflect significant changes to the business, and independently evaluated at least once every three years.
When the Tranche 2 entities’ provisions commence on 1 July 2026, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) will apply to approximately 70,000 additional businesses, bringing the total reporting entities to 90,000. The scale of this regulatory expansion means AUSTRAC will be actively monitoring compliance from commencement. Non-compliance is not a theoretical risk — it carries penalties and potential reputational consequences for any agency found without adequate controls.
AUSTRAC has published starter kits and guidance resources specifically for the real estate sector, available at austrac.gov.au. Principals should treat this as required reading before the enrolment window opens.
The Accommodation and Other Legislation Amendment Act 2024: Changes to Agent Licencing and CPD
The Property Occupations Act 2014 (Qld) was updated through the Accommodation and Other Legislation Amendment Act 2024, which introduced changes affecting existing licensees and real estate salespersons. The Accommodation and Other Legislation Amendment Act 2024 introduced new provisions relevant to licensees holding existing licences, including formalised requirements for continuing professional development (CPD).
The amended Act now requires licensees to complete CPD requirements as a condition of licence renewal. The introduction of CPD obligations into the legislative framework — rather than purely as an industry expectation — reflects a broader policy direction of raising baseline professional standards for Queensland agents. Agencies that have relied on informal in-house training to meet renewal requirements should review whether their approach satisfies the statutory standard.
For salespersons who were registered prior to the commencement of these changes, transitional provisions apply. The amendments nonetheless represent a signal that Queensland regulators are aligning agent credentialling requirements more closely with those of other Australian states, where CPD has long been a formal licensing condition. Agents should review their CPD records ahead of their next renewal and confirm compliance with the new requirements through the Office of Fair Trading.
Off-the-Plan Sales: Where the New Regime Does Not Apply
One common point of confusion under the new framework is the scope of the seller disclosure regime as it applies — or does not apply — to off-the-plan transactions. The new Property Law Act 2023 disclosure requirements do not apply to ‘proposed lots’ being sold off-the-plan. These transactions remain governed by the disclosure regimes under the Land Sales Act 1984 (Qld) and the Body Corporate and Community Management Act 1997 (Qld).
However, developers of community title scheme properties must now provide a copy of any building management statement that will apply to the scheme land as part of their disclosure requirements under section 213 of the BCCMA.
Agents working in new developments and off-the-plan project sales need to clearly understand this boundary. The Form 2 seller disclosure regime does not apply to your listings — but the existing off-the-plan disclosure obligations under the LSA and BCCMA remain unchanged and require strict compliance. Do not assume that the new Act simplifies your disclosure obligations in this space; it does not touch them.
Similarly, one key exception to the seller disclosure requirements exists where the sale price is over $10 million (including GST) and the buyer waives compliance with the disclosure requirements before signing the contract or option. This is relevant for agents working in high-value commercial or prestige residential transactions, but the waiver must come from the buyer — not the seller or agent.
Record-Keeping, Documentation, and Proof of Delivery
One of the practical implications of the new seller disclosure regime that agents frequently underestimate is the evidentiary burden. Crucially, evidence of delivery must be retained by the seller or their representative. The seller or their agent must keep copies of the exact Form 2 provided, all accompanying attachments, and proof of delivery. These documents form an integral part of the contract and will be indispensable if any disputes arise in the future.
Most Form 2 termination disputes do not occur because sellers refuse disclosure, but because one detail was mistakenly omitted, old, or misaligned with supporting certificates. Manually assembling these documents leaves room for interpretation errors, date mismatches, incorrect levy entries, or incomplete attachments.
Disclosure must be accurate at the time it is given, and the buyer may have termination rights where there has been non-compliance. Care should be taken to ensure that provided searches are appropriately current when disclosure is made. Searches ordered weeks before a contract is signed may be stale by the time the buyer executes. Build currency checks into your pre-contract workflow.
While documents do not have to be attached to the disclosure statement or sent simultaneously, it is best practice to annex all prescribed certificates to the disclosure statement so there is clear evidence that the seller has complied with their requirements. Best practice has become risk management. Treat it that way.
What This Means for Queensland Agents
The cumulative effect of these Queensland property law amendment changes is a material increase in pre-contract preparation time, formal documentation requirements, and compliance obligations that attach to every agency — not just those dealing with sophisticated commercial clients.
For sales agents, the critical shift is the pre-contract sequencing of the seller disclosure regime. Every new listing should now include a disclosure preparation step — coordinated with the vendor’s solicitor or conveyancer — before the contract is presented to a buyer. Agents who continue to present contracts and gather searches afterwards expose their vendor clients to termination risk and themselves to professional liability claims.
For property managers, the new leasing provisions in the Property Law Act 2023 apply regardless of when the lease was signed. Familiarise yourself with the new tenant proposal and landlord decision notice processes under section 142, and ensure your standard landlord advisory letter is updated to reflect the changed assignment liability position for subsequent assignments.
For principals, the AML/CTF Tranche 2 obligations demand immediate planning. The enrolment window opens 31 March 2026, with full obligations commencing 1 July 2026. The program you need to develop — risk assessment, CDD procedures, staff training, transaction records, and ongoing monitoring — cannot be assembled overnight. Start building your compliance framework now. Refer to austrac.gov.au for the latest guidance materials and starter kits tailored to the real estate sector.
For all agents, the era of informal disclosure and flexible pre-contract sequencing in Queensland is over. The new legislative framework rewards agents who treat compliance as a workflow design problem rather than a paperwork exercise. Those who adapt early will find these changes create a competitive advantage — buyers and vendors who understand the new landscape will gravitate towards agents who clearly know what they are doing.