QLD Property Law Act 2023: What Every Agent Must Know Before August 2025
Queensland's biggest property law overhaul in 50 years takes effect 1 August 2025. The seller disclosure regime, Form 6 changes, and 6-year limitation period will reshape how you operate. Plain-English guide for agents who refuse to be caught unprepared.
These changes take effect 1 August 2025
Now in effect
QLD Property Law Act 2023: What Every Agent Must Know Before August 2025
By Simon Dodson • December 3, 2024 • 12 min read
The 50-Year Reset Nobody Prepared For
Queensland's property industry operates on legislation written when Gough Whitlam was Prime Minister, Nixon was resigning, and the median Brisbane house price sat at $18,000. The Property Law Act 1974 has governed every transaction, every covenant, every deed enforcement action for half a century.
That ends 1 August 2025.
The Property Law Act 2023 replaces the entire framework. Not amendments. Not updates. Replacement. And the disclosure regime alone will fundamentally alter how you list, market, and transact property in Queensland.
The reform demands more transparency from sellers whilst simultaneously creating compliance requirements that reward systematic operators over ad-hoc practitioners. Consumer protection drives the legislation. Operational transformation follows as consequence.
“The law is reason, free from passion.”
Aristotle never met Queensland's Office of Fair Trading. But the observation holds regardless. This legislation operates on cold logic: standardised disclosure, shortened limitation periods, mandatory professional development. Passion has nothing to do with what happens next. Preparation does.
Seller Disclosure
Mandatory disclosure statements and certificates for all property sales
New Form 6
Updated appointment forms mandatory from 1 July 2025
Shorter Limitation
Deed enforcement period reduced from 12 to 6 years
CPD Required
Annual CPD training mandatory from 6 June 2025
The Seller Disclosure Regime: The Operational Shift
From 1 August 2025, Queensland joins Victoria, New South Wales, and South Australia in mandating formal seller disclosure before contract formation. The regime requires sellers to provide:
- A Seller Disclosure Statement in the approved form
- Prescribed certificates including current title searches
- Disclosure of all material facts that could influence a buyer's decision
Consider what “material facts” encompasses under the new framework. Structural defects—obvious. Contamination history—expected. Neighbourhood disputes, planned developments affecting the property, historical flooding, previous pest infestations, deaths on the property within certain timeframes—all potentially disclosable depending on interpretation.
The seller bears legal responsibility for accurate disclosure. The agent manages the process. When disclosure proves incomplete or inaccurate, buyers gain termination rights. Civil liability follows for losses caused by deficient disclosure.
Who Actually Carries the Risk
The legislation places responsibility on sellers. The operational reality places it on you.
Sellers will not understand what constitutes a “material fact” under the new regime. They will not know which certificates are prescribed. They will not appreciate the distinction between negligent omission and innocent oversight when their buyer's lawyer sends the termination notice.
They will look to their agent when something goes wrong.
Your Listing Process Changes:
- Obtaining and reviewing disclosure documentation
- Advising sellers on disclosure obligations
- Ensuring prescribed certificates are current
- Identifying potential disclosure issues before they become contractual problems
- Documenting your advice and the seller's responses
The time between signing the agency agreement and going to market extends. The administrative burden increases. The liability exposure expands. Agents who built practices on speed-to-market will find that competitive advantage eroded. The regime rewards thoroughness, documentation, and systematic compliance processes.
Historical Parallel: When South Australia Reinvented Property Law
In 1858, Robert Torrens introduced the Real Property Act in South Australia—the first Torrens title system in the world. Before Torrens, land ownership required tracing chains of title through centuries of deeds, each transaction adding complexity and uncertainty. A single defective transfer anywhere in the chain could invalidate current ownership.
Torrens replaced this chaos with registered title. The state guaranteed ownership. The register became definitive. Transactions simplified dramatically.
Contemporary lawyers and conveyancers fought the reform. Their expertise in deed interpretation—accumulated over careers—became insufficient overnight. The complexity that justified their fees disappeared.
The parallel to Queensland's 2025 reforms: existing expertise becomes insufficient. Adaptation becomes mandatory. Those who built practices on the old system find their competitive advantages require rebuilding.
New Form 6: The July 2025 Deadline Most Will Miss
One month before the Property Law Act commences, Queensland introduces an updated Form 6—the appointment document for residential property sales agency agreements.
The new form integrates with the disclosure regime. Commission and fee structures receive clearer treatment. Termination provisions update. The document aligns with seller obligations under the incoming legislation.
Compliance Date: 1 July 2025
Any agency appointment executed on or after this date must use the new form. Using the old form creates an invalid appointment. An invalid appointment means no enforceable commission entitlement.
This deadline will catch agencies unprepared. The Property Law Act's 1 August date receives attention. The Form 6 transition one month earlier receives almost none.
Your Action Items:
- Obtain the new Form 6 when released by the Office of Fair Trading
- Update all agency templates before 1 July
- Train staff on the new form's requirements
- Implement version control to prevent old forms being used after the transition
- Review existing pipeline appointments executed before the transition date
The Limitation Period Shift: From 12 Years to 6
Under the Property Law Act 1974, deeds could be enforced for 12 years following a breach. Mortgages, covenants, easement obligations—the enforcement window stretched over a decade.
The 2023 Act halves this to 6 years, aligning deed enforcement with standard contract limitation periods.
| Document Type | Before (1974 Act) | After (2023 Act) |
|---|---|---|
| Deed enforcement | 12 years | 6 years |
| Contract enforcement | 6 years | 6 years |
| Personal injury | 3 years | 3 years |
Why This Matters to Agents
The limitation change affects existing deeds, not just future ones. Parties with potential claims under deeds executed before August 2025 face a compressed timeline to take action.
Advise clients with outstanding mortgage disputes, covenant breach claims against neighbours, easement enforcement issues, or any deed-related grievance approaching the previous 12-year window. These matters now operate under the 6-year limitation.
This is legal advice territory. Your role is identification and referral, not counsel. But awareness protects your clients and your professional relationships.
Positive Covenants: The Hidden Liability Transfer
The Property Law Act 2023 changes how positive obligations in easements bind future landowners. This technical modification carries significant practical implications.
The Old Position
Under the 1974 Act, only negative covenants in easements automatically bound subsequent owners. A covenant stating “you must not build within 3 metres of the boundary” transferred with the land. A covenant stating “you must maintain the shared driveway” did not automatically bind purchasers.
The New Position
From August 2025, positive obligations in easements bind future landowners unless explicitly stated otherwise. Maintenance responsibilities, contribution obligations, repair duties—these now transfer automatically with the property.
Practical Implications for Sales
When reviewing easements for listings, identify any positive obligations: maintenance requirements for shared infrastructure, contribution obligations for common areas, repair responsibilities for boundary structures, service and access maintenance duties.
Buyers inheriting these obligations may face costs they did not anticipate. Disclosure of positive covenant burdens becomes material under the new regime. Your due diligence process must expand to capture positive covenants. Title searches show easement registrations. The easement instruments themselves contain the actual obligations.
CPD Requirements: 6 June 2025 Commencement
Queensland introduces mandatory Continuing Professional Development for all licensed real estate professionals from 6 June 2025. This predates both the Form 6 transition and the Property Law Act commencement.
The Requirements:
- 2 approved CPD sessions annually
- Due from your licence anniversary date following 6 June 2025
- Content must cover legislative updates and ethical conduct
- Training must be delivered by OFT-approved providers
Queensland becomes the first Australian state with comprehensive CPD requirements for real estate licensees. Western Australia operates a points-based system. New South Wales requires specific training modules. Queensland's framework creates ongoing annual obligations tied to licence renewal.
First-Time Licensees
If you complete your CPP41419 Certificate IV in Real Estate Practice and obtain your licence before 6 June 2025, your initial training satisfies pre-licence requirements. CPD obligations commence from your first licence anniversary after the framework takes effect.
If you complete training after 6 June 2025, your CPP41419 curriculum will incorporate the new legislative requirements. You enter the industry with current knowledge rather than requiring immediate CPD to update outdated training.
The Compliance Timeline: Three Dates That Matter
CPD Requirements Commence
All licensed real estate professionals become subject to annual CPD obligations. Training must be completed through approved providers before your licence anniversary date.
New Form 6 Mandatory
Updated agency appointment forms required for all residential sales appointments. Using old forms after this date creates invalid appointments and commission exposure.
Property Law Act 2023 Takes Effect
Full seller disclosure regime commences. Positive covenant transfer rules apply. Limitation periods change. New contract formation requirements govern all transactions.
The 8-week sequence from CPD commencement to full legislative implementation creates concentrated compliance pressure. Agencies preparing now distribute this burden. Agencies waiting until June face crisis management.
Preparing Your Agency: The 90-Day Audit
Three months before August 2025, conduct a comprehensive compliance review:
Documentation Systems
- • Disclosure statement templates prepared and tested
- • Prescribed certificate ordering processes established
- • Form 6 templates updated and version-controlled
- • Compliance checklists integrated into listing workflows
Staff Training
- • All salespeople briefed on disclosure obligations
- • Administrative staff trained on documentation requirements
- • Supervisors equipped to review disclosure adequacy
- • Escalation procedures defined for complex disclosure issues
Client Communication
- • Seller communication templates explaining new obligations
- • Timeframe adjustments communicated in listing presentations
- • Fee structures reviewed for increased compliance costs
- • Buyer information materials updated for new termination rights
Professional Development
- • CPD provider relationships established
- • Training schedules aligned with licence anniversary dates
- • Legislative update training completed before August
- • Records management for CPD documentation implemented
The agencies treating this as a checklist exercise will achieve compliance. The agencies treating it as operational improvement will achieve efficiency.
The Strategic Advantage of Early Completion
Completing your CPP41419 qualification before August 2025 creates positioning advantages:
- Your training covers the new requirements from commencement
- You avoid the adaptation period experienced agents must undertake
- You enter during transition when the market rewards current knowledge
- Established agents adapting to change create mentorship opportunities
The window for pre-transition qualification completion is narrowing. Accelerated programs can complete CPP41419 within 6 months. Standard completion runs 12-18 months. The arithmetic determines whether you enter under the new framework or must retrofit your knowledge.
Frequently Asked Questions
Does the seller disclosure apply to all property types?
The disclosure regime applies to residential and commercial property sales in Queensland. Limited exceptions exist for specific transaction types including mortgagee sales, court-ordered sales, and certain government transactions. The general rule is disclosure mandatory, exceptions narrow and defined.
What happens if a seller provides incomplete disclosure?
Buyers gain termination rights if disclosure proves deficient. The specific termination window and conditions depend on the disclosure failure type. Sellers face civil liability for losses caused by inadequate disclosure, including transaction costs, price differentials, and consequential damages in some circumstances.
Do I need to complete CPD before getting my initial licence?
No. CPD requirements apply to existing licensees. If you complete your CPP41419 Certificate IV and obtain your licence before 6 June 2025, your initial training satisfies pre-licence requirements. CPD obligations commence from your first licence anniversary after the framework takes effect.
Where can I obtain the new Form 6?
The Queensland Office of Fair Trading will publish the approved form before the 1 July 2025 commencement date. The REIQ will incorporate the new form into their contract suite. Independent agencies must ensure they source forms from authorised channels.
How does Queensland's disclosure compare to other states?
Queensland's regime aligns with existing disclosure frameworks in Victoria and New South Wales. The specific forms, prescribed certificates, and disclosure categories are Queensland-specific. Agents licensed in multiple states should not assume equivalence—each jurisdiction maintains distinct requirements.
Compare QLD Training Providers
Queensland's straightforward licensing pathway—complete CPP41419, apply to the Office of Fair Trading, commence practice—remains unchanged. The operational environment you enter has transformed. Preparation determines whether that transformation becomes burden or advantage.
Related Resources
Compare QLD Training Providers
Course costs, completion times, and provider comparisons
QLD Licensing Requirements Guide
Full pathway from qualification to licence
CPD Requirements Explained
State-by-state professional development obligations
CPP41419 Certificate IV Overview
Qualification structure and unit requirements
Written by
Simon Dodson
Expert insights on real estate training and education compliance. Helping students make informed decisions about their CPP41419 journey.
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