Queensland private sale article

Selling Your Property Privately in Queensland: Legal and Tax Checklist

Every legal and tax step for a private sale in Queensland: Form 2 disclosure, certificates, smoke alarms, pool safety, cooling-off, ATO clearance, settlement.

The legal side of a Queensland property sale is the same whether you sell privately or through an agent, and your solicitor or conveyancer does the heavy lifting. You get to focus on the fun part: presenting your home and meeting buyers! Here's every step. It's general information, not legal advice.

1. Engage your solicitor or conveyancer

Do this when you choose your PLBO package. They'll prepare the Form 2, gather the prescribed certificates, draft the contract, hold the deposit in trust and run settlement.

2. Form 2 seller disclosure statement

Since 1 August 2025, the seller must give the buyer a Form 2 and prescribed certificates before the contract is signed (Holding Redlich).

IncludedExamples
Property and titlethe title search and registered plan
Encumbrances and zoningeasements, covenants, zoning
Community schemethe body corporate certificate, for units and townhouses
Poolwhether there's a pool and its certificate status
Tenanciesany current lease
Ratescouncil and water rates
Noticesnotices under building, planning and environmental laws

If the Form 2 isn't given before signing, or is materially inaccurate, the buyer may be able to terminate and get a full refund, so accuracy matters!

3. Smoke alarms

Queensland homes being sold must have photoelectric, interconnected smoke alarms, either hardwired (installed by a licensed electrician) or with 10-year non-removable batteries, in each bedroom, in hallways connecting bedrooms, and on each storey. Sellers declare compliance on the transfer paperwork (QFD).

4. Pools and spas

  • With a certificate: give the buyer a copy before settlement.
  • Without one: lodge a Form 36 (notice of no pool safety certificate) with the QBCC and give the buyer a copy before settlement. The buyer then has 90 days to obtain a certificate for a non-shared pool (QBCC).

5. The contract, deposit and cooling-off

RuleDetail
Contractprepared by your solicitor or conveyancer; signed after the buyer receives the Form 2
Depositheld in trust, as the contract sets out
Cooling-off5 business days
If the buyer terminates in cooling-off0.25% of the price is forfeited
No cooling-offauction purchases

6. Tax

  • ATO clearance certificate. Since 1 January 2025, buyers must withhold 15% on every property sale unless the seller provides a valid clearance certificate at or before settlement (ATO). It's free and online.
  • Capital gains tax. Your main residence is generally exempt. Investments usually aren't, fully or partly.
  • GST. Not normally payable on an existing home.

7. Settlement adjustments

Your conveyancer apportions council rates, water charges and body corporate levies so you pay only for your time as owner.

Document checklist: gather these in week one

DocumentWhere from
Form 2 and prescribed certificatesyour solicitor or conveyancer
Contractyour solicitor or conveyancer
Smoke alarm complianceyour electrician
Pool safety certificate or Form 36a pool safety inspector or the QBCC
Council and water ratesyour council
Body corporate certificate (units)your body corporate manager
ATO clearance certificateATO online

8. Settlement day

Settlement is completed electronically. You hand over the keys and receive 100% of your sale proceeds. PLBO takes no commission.

The part you control: price and presentation

While your conveyancer looks after the legal steps, you focus on the exciting part! Your PLBO property comparables report shows recent sales of similar homes near you, so you can set your asking price with confidence and talk to Queensland buyers from a position of strength. Then list in minutes with Generate with AI.

Put it into action

Follow the Queensland 8-week plan and choose your PLBO package. While your conveyancer prepares the Form 2, PLBO puts your home in front of buyers on PLBO and across Domain, view, homely, Soho, realty, onthehouse and allhomes*. Let's get it sold!

*Availability on allhomes.com.au may depend on the property's location, listing type and applicable portal requirements.

Frequently asked questions

Is the legal process different when I sell privately?

No. The Form 2, certificates, contract, cooling-off and settlement are the same in a private sale as in an agent sale. Your solicitor or conveyancer handles them.

What goes in the Form 2?

Property and title details, the registered plan, encumbrances, zoning, community scheme information, pool details, tenancies, and council and water rates, plus prescribed certificates such as a title search and a body corporate certificate where relevant.

What if the buyer doesn't get the Form 2 before signing?

They may be able to terminate and recover their deposit, which is why your solicitor gives it to them before they sign.

How does cooling-off work in Queensland?

Five business days. A buyer who terminates during cooling-off forfeits 0.25% of the purchase price. Auction purchases have no cooling-off.

What smoke alarms are required?

Photoelectric, interconnected smoke alarms, either hardwired or with 10-year non-removable batteries, in the required locations, including each bedroom and each storey.