Body corporate certificates when selling in Queensland - what you need to know!
Conveyancing, real estate, property
Still saying “Section 206”? That ship has sailed. If you're dealing with body corporate property in Queensland, it's time to update your vocabulary - and your compliance checklist.
Queensland unit and townhouse sales just got a major paperwork glow-up - this week we unpack what has changed.
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Hi everybody - George Sourris, Empire Legal.
Today's topic: Body corporate certificates when selling in Queensland - what you need to know!
What happened to the section 206 disclosure? The body corporate certificate is now the law in Queensland. If you're buying or selling a unit, townhouse or other lot in a body corporate scheme in Queensland, whether you're an agent, vendor, or buyer, the old section 206 disclosure statement is no longer able to be used.
Under the new seller's disclosure regime in Queensland, which commenced on 1st of August 2025, the traditional section 206 body corporate disclosure has been replaced with a new framework that is more comprehensive, more consistent, and carries real legal consequences if it's done wrong.
Okay, so what's changed?
Now instead of the section 206, sellers must prepare and give buyers a Form 2 seller's disclosure statement; and if the property is part of a body corporate scheme, the seller must include a body corporate certificate, e.g a Form 33, which is used for the majority of body corporate matters, a Form 34 for two lot schemes, or a Form 18 for BUGTA properties, before the buyer signs a contract.
These body corporate certificates replace the old section 206 disclosures, however they're prepared by the body corporate, not the seller or the agent.
What is a body corporate certificate?
A body corporate certificate is a prescribed document that gives buyers official up to date information on key aspects of a community title scheme, including: financial contributions and levies, including special levies, sinking fund and admin fund positions, bylaws, exclusive use areas, and common property details, insurance status and service contracts, and current financial position and records held by the scheme.
It's essentially the modern version of a section 206, only more formal and standardised. Timing matters and agents need to order early. Under the new rules, a seller or their authorised agent must request the body corporate certificate from the body corporate or its manager. The body corporate must provide it within five days of receiving a proper written request and fee.
The lesson here is very simple. Order your body corporate certificate early, ideally before you even list the property. Waiting until you have an offer can put you behind and that can cost you a sale.
Now what happens if disclosure isn't done right?
Because disclosure is now legislated, a buyer can potentially terminate the contract before settlement if a required certificate isn't provided before contract signing, or terminate if the disclosure is materially inaccurate or incomplete in a way that they wouldn't have signed if they'd known the true facts up front.
This applies even if the contract is unconditional and can create real consequences for vendors and real headaches for agents and solicitors if it's missed.
Practical tips and Empire Legal's perspective.
Don't rely on the old section 206 templates. They're no longer compliant. Include the body corporate certificate with your Form 2 Seller's disclosure statement before the buyer signs. Order early - timing is everything in the property industry. Check the certificate carefully - levies, special levies, insurance and bylaws all matter. And seek legal help early - the new regime rewards early compliance and penalises last minute fixes.
Under the updated regime, good preparation is the difference between a smooth settlement and a contract crash.
Wrapping it all up.
The shift from section 206 to a formal sellers disclosure model with prescribed certificates is one of the most significant changes to Queensland property law in years.
It's designed to increase transparency and reduce disputes, but only if sellers and their advisors treat it seriously.
Here at Empire Legal, we've prepared hundreds of compliant Form 2 sellers disclosures, which of course include the body corporate information certificate and guided hundreds of clients through this new regime, ensuring every disclosure is compliant, accurate, and delivered at the right time.
If you need a hand, we'd love to help.
You can find the link in the blog or simply visit our website to view our offering and get started straight away, right off the website.
Thanks guys. Please, if you can like, subscribe and share, this is new law. It's all changed. If anyone's still using the language section 206, they're living in the past, they need to stop. It's not compliant, it is done. It's body corporate certificate all the way. Thanks guys, and we'll see you next week.
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Guys, that's it for this week. Hope you learned a thing or two. Please feel free to get in touch if you've got any questions. Empire Legal - happy to help. Queensland's trusted choice for conveyancing. Over 2,900 Google reviews with a five star average. There's not many firms out there that have that five star average. With that many reviews, guys, and not to mention over 12,000 deals settled. Thanks guys. We'll see you next week.
Finally, if you haven't heard, we've launched our podcast. It's called Raising the Bar, where we story tell excellence in Queensland property. Here is the link to listen. If you prefer to watch, here is the YouTube link.
Also, stay up to date with our miniseries on Seller's Disclosure.
Thanks guys. We'll see you next week!
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Thanks for reading everybody. See you on the next one.
Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.
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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.


