What do planners need to know about the new seller disclosure obligations in the new Property Law Act?

1 August 2025

As of 1 August 2025, sellers in Queensland are now required to disclose the zoning of a property before a contract of sale is signed. Disclosure of contaminated land, tree orders, heritage constraints, flooding and protected plants and animals is also now required. This is part of the new seller disclosure regime under the Property Law Act 2023 (Qld), and it applies to all land.

We have already received a number of queries about the zoning requirement of seller disclosure. Buyers are likely to see the zoning disclosure requirement and assume it is a shortcut – a kind of substitute for a planning report. But we think planners will see an increase in requests for clarification around zoning and what it actually means.

For context, the new disclosure form includes the following provision:

The zoning of property is (insert zoning under the planning scheme, the Economic Development Act 2012; the Integrated Resort Development Act 1987; the Mixed Use Development Act 1993; the State Development and Public Works Organisation Act 1971 or the Sanctuary Cove Resort Act 1985, as applicable).

What are the implications of the zoning disclosure requirement?

For buyers, this disclosure only assists in a limited way. Zoning on its own does not tell you what you can do with the land. It does not explain overlay constraints, existing use rights, or what is next door. It won’t tell you whether there is a development approval in place, or whether that approval has lapsed. It is merely a starting point.

For many buyers, zoning will just be another technical label that lacks real meaning without context. And the disclosure form does not require a copy/extract of the planning scheme, a zoning map, or a plain-language summary. Without that, the zoning disclosure may not be particularly useful.

For sellers, it is a technical checkbox, but one that must be accurate. The Seller or Agent needs to insert the correct zoning under the correct regime. That means knowing whether the property is subject to one of the special Acts or falls under a local government planning scheme.

For planners, this is a small but important part of the broader advisory role. Sellers may need help determining which scheme applies. Buyers may need help interpreting what the zoning allows. Agents may want plain-language explanations they can pass on to prospective purchasers.

The key takeaway is that while disclosure is now required, it is not a substitute for proper due diligence. For sellers (and their advisors), it is another compliance obligation that needs to be technically accurate. For planners, it is an opportunity to guide clients, buyers, sellers, agents, through an area where mistakes are easy and consequences can be significant.

This article has been authored by the Mullins Planning & Environment team; Partner, Mitchell Osborne , Partner, Anthony O’Dwyer, and Associate, Gus Haseler.

The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.

Share this page

Stay-up-to-date

For the latest publications and updates, click on the link below.