Seller disclosure scheme (form 2)

Steps to comply with the scheme
Preparing early will help you comply and ensure a smooth transaction.

Engage a solicitor early if necessary.
Learn what to include in the disclosure statement.
Collect up-to-date title and property documents.
Complete the seller disclosure statement (form 2).
Obtain all required certificates.
Ensure disclosure is given properly and recorded.

What you must include in the disclosure statement

The following is an incomplete summary of what to include in the disclosure statement. Find more details in sections 4.1–4.6 of the guide.

Part 1: Seller and property details
Seller’s name, property address, and lot/plan details
Part 2: Title details, encumbrances and residential tenancy or rooming accommodation agreement
Title searches
Encumbrances, unregistered encumbrances (e.g. informal leases or easements) and statutory encumbrances
Residential tenancy or rooming accommodation agreements (if required)
Part 3: Land use, planning and environment
Zoning of the lot
Proposed transport infrastructure notices you have been given
Any notice of intention to resume the property or part of the property
If land is listed on the contaminated land or environmental management registers
Tree applications or orders under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 
Whether the lot is affected by heritage listing
Part 4: Buildings and structures
Whether there is a pool on the lot
If the lot is included in either a community titles scheme under the Body Corporate and Community Management Act 1997 (BCCM Act) or a scheme under the Building Units and Group Titles Act 1980 (BUGTA), whether there is a pool on the common property

Notices required under the following Acts (see section 5 of the guide)Queensland Building and Construction Commission Act 1991
Building Act 1975
Planning Act 2016

What you don’t need to include
There are some details you are not required to include in the disclosure statement, such as:

structural soundness of the building
flooding history
previous building or development approvals.

For the full list, see section 3.3 of the guide.

Prescribed certificates
The prescribed certificates you must give to the buyer may include:

Title search and survey plan
Notices required under the following ActsEnvironmental Protection Act 1994
Queensland Building and Construction Commission Act 1991
Building Act 1995
Planning Act 2016
A tree application or order  under the Neighbourhood Disputes Act
Pool safety certificate (if applicable)
For lots in a community titles scheme, a community management statement and a body corporate certificate
For lots in a BUGTA scheme, a body corporate certificate.
See section 5 of the guide for more details about prescribed certificates.

Giving disclosure documents to buyers
You (or your agents, if authorised) must give the completed disclosure statement and prescribed certificates to the buyer before the buyer signs the contract. You can do this:

in person
by post
by email or other electronic communication.
You must prove that you gave the buyer the disclosure statement.

You should keep proof of delivery (e.g. read receipt, signed acknowledgement).