From August 1 2025, new property legislation is impacting the Queensland body corporate landscape. In the new legislation, there is much more responsibility on lot owners who are selling their lot to disclose information to potential buyers. ‘Buyer beware’ will be less of a catchcry because the seller is now obligated to inform the buyer of significantly more information than in the past.
Previously, sellers were obliged to obtain a S206 certificate for a lot in a body corporate. The S206 had to be presented with a contract for sale. After a contract was entered into with a buyer and usually subsequent to the contract going unconditional, the buyer would usually obtain a Form 13 Information certificate which gave details of levies and current status of the lot ledger so as to enable apportionment of monies at settlement.
In the new legislation, the seller must obtain a Form 33 Body Corporate certificate which must be given to a potential buyer before a contract is signed. This is a much more comprehensive document than the prior S206 and incorporates elements of both the S206 and the Form 13 into the content of the new Form 33.
A Form 33 Body Corporate certificate can be obtained from the body corporate after payment of the prescribed fee.