10 Oct 2025Conveyancing in NSW and Queensland differs significantly, with NSW often seen as more legally structured and buyer friendly. If you are buying or selling over the border for the first time, it is important you are across the differences and the legal requirements, and in particular, the reforms that came into effect on 1 August 2025 in Queensland.
Why did Queensland introduce conveyancing reforms?
Queensland’s new seller disclosure reforms, introduced on 1 August 2025, were driven by a need for more clarity, consistency and fairness in property transactions. (Please see New seller disclosure regime in Queensland, REIQ, 6 June 2025.)
The changes have been heralded as the “most comprehensive set of changes to Queensland’s property laws in around 50 years.” (Please see New Property Law Act for Queensland, Crown Law Queensland Government, 4 October 2024.)
Previously, disclosure obligations varied depending on the property and contract type, leaving buyers exposed to hidden risks.
The new regime, introduced through the Property Law Act 2023, aims to simplify the process by requiring sellers to provide a standardised set of documents upfront.
This move reflects growing concern about transparency in the property market and aligns Queensland with other states, like NSW, that already have mandatory disclosure laws. (Please see Big changes on the way for Queensland property law, Queensland Government Media Statement, 22 July 2025.)
The reforms are also intended to reduce disputes, improve buyer confidence and ensure that important information about things like zoning and title is available to purchasers before contracts are signed.
Queensland now has mandatory seller disclosure before contract signing
Previously disclosure requirements were fairly limited in Queensland. Contracts were often prepared by real estate agents, dated and signed by all parties, then passed on to the conveyancer or property lawyer – ready to go.
However, with the new reforms in Queensland, a higher level of seller disclosure is required. Queensland sellers must now provide key property information upfront, before a contract is signed, bringing Queensland closer to NSW’s disclosure standards.
It should be noted that these vendor disclosure requirements in Queensland apply only to established lots. In NSW, they also apply to off-the-plan contracts.
Under the new scheme in Queensland, a seller must now provide prescribed certificates and a seller disclosure statement in the approved form to a buyer before entering into a contract of sale.
The Form 2 Seller Disclosure Statement covers a number of details.
- Seller and property details
- Titles and encumbrances (title search and survey plan)
- Land use, planning and environment (zoning under the local planning scheme)
- Buildings and structures (eg pool safety compliance)
- Rates and services (most recent rates and water service charges)
- Community titles or BUGTA Schemes (community management statement or body corporate certificates/disclosure statements)
Some of these items must be included, but not necessarily attached, while others depend on the property (for example, road widening proposals must be attached).
All disclosures must be accurate and complete at the time of contract signing.
Due to the added complexity, many Queensland real estate agents now seek property lawyers to prepare the seller disclosure and draft contract, rather than doing it themselves.
Failure to disclose has different repercussions in Queensland vs NSW
In Queensland, if a required document is missing, the buyer can withdraw at any time before settlement, which poses a real risk to vendors.
In contrast, NSW gives buyers a 14-day window to rescind if a prescribed document is missing, offering a clearer resolution timeframe.
Queensland’s disclosure method also differs – documents need not be attached, but must be proven delivered (eg via email trail). In NSW, documents must be physically attached.
As an example, Queensland requires disclosure of easements, but not attachment of related documents, whereas NSW requires a copy of the dealing to be attached.
Contract exchange and cooling off different in NSW and Queensland for conveyancing
Queensland doesn’t follow the traditional “exchange of contracts” process seen in NSW, where solicitors physically or electronically swap signed copies to make the deal binding.
In Queensland, signing by both parties is sufficient to bind the contract.
In addition, in Queensland, the cooling off period can be waived by the purchaser via a simple written notice, without solicitor involvement.
In NSW, buyers also get a 5-business-day cooling-off period, but waiving it requires a Section 66W Certificate signed by the buyer’s solicitor or conveyancer, confirming legal advice and understanding of risks. The contract then becomes immediately binding, similar to auction purchases.
Extensions on settlement dates
Queensland was previously considered one of the most stressful states for property settlements by property lawyers, due to strict adherence to settlement dates. Missing the date could lead to termination of the contract or legal action.
However, a change introduced three years ago added a clause allowing either party to request a five-business-day extension without providing a reason. This flexibility has reduced the pressure and risk.
Now, if a client is in trouble – for example, a lender is struggling to finalise finance – it’s common to receive a simple email on the day of settlement stating that the party is exercising their right to extend.
Unlike other states, Queensland does not have a formal “notice to complete” procedure. Instead, the five-day extension acts as a buffer within the “time is of the essence” framework, which gives parties some breathing room while still maintaining the contract’s urgency.
A new clause effective from 1st August 2025 states that if a change in PEXA during the final hour prevents settlement due to unsigned documents, settlement is automatically extended by one business day.
My view on whether the Queensland conveyancing changes are positive
Personally, I think the changes are a step forward, but they fall short of best practice. Queensland’s hybrid approach sits somewhere between Victoria and NSW, and in some areas, it misses the mark.
Some requirements, like disclosing current rates and body corporate levies, add complexity due to frequent updates being needed.
If the real estate market softens, disclosure issues may lead to increased contract exits and litigation.
Since 1 August 2025, body corporate managers have been inundated with certificate requests, causing delays of up to two weeks and slowing down sales.
My advice to fellow property professionals is that things have changed significantly in Queensland, so if you’re working in this space, be cautious and stay informed.
