When selling property, you may be required to provide buyers with information about the property's title, planning, rates, easements, restrictions, notices and other matters affecting the property.
The requirements differ across Australia:
- NSW: Required disclosure documents form part of the Contract for Sale, including title information, the registered plan, relevant dealings, drainage information and a current planning certificate. A contract must generally be prepared before a residential property is advertised for sale.
- VIC: Sellers must provide a Section 32 Vendor's Statement before the buyer signs the Contract of Sale. It includes information such as title details, mortgages, easements, planning information, outgoings and relevant notices.
- QLD: Under Queensland's seller disclosure scheme, sellers generally need to provide the buyer with a Form 2 Seller Disclosure Statement and prescribed certificates before the buyer signs the contract.
- SA: Sellers must provide a Form 1 Vendor's Statement, containing information including title details, mortgages, easements, zoning, outgoings and the buyer's cooling-off rights.
- ACT: Sellers must generally have the required legal and property documents available as part of the contract before offering a residential property for sale. The prescribed documents depend on the property.
- NT: There isn't an equivalent general vendor disclosure statement used in the same way as Victoria, Queensland or South Australia. However, contracts, title and property-specific disclosure requirements still apply, including additional requirements for certain property types.
- TAS: Tasmania does not have the same general statutory vendor disclosure statement used in some other states. Disclosure provisions may instead form part of the contract, and buyers are encouraged to undertake their own enquiries.
- WA: There is currently no mandatory general Seller Disclosure Statement for ordinary property sales. However, sellers still need to ensure information provided about the property is accurate, and additional disclosure requirements apply to some property types, including strata property.
These are only general requirements. Strata or community title properties, swimming pools, owner-builder works, off-the-plan sales and other circumstances may require additional disclosures.
Because providing incomplete or incorrect information can have serious consequences for a sale, we recommend engaging a solicitor or conveyancer early to prepare or confirm the disclosure documents required for your property.
If you don't already have a legal representative, No Agent Property can help connect you with a solicitor or conveyancer through our Solicitor & Conveyancer Referral service.