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If you’re planning to sell your unit, townhouse, or other property in a body corporate scheme, there are changes to the way you must disclose information to buyers.
From 1 August 2025, the new Property Law Act 2023 introduces a mandatory seller disclosure scheme. This means you must give buyers certain key documents before they sign a contract, otherwise, they may have the right to cancel the sale at any time before settlement.
Body Corporate Certificate – Now Mandatory
One of the most important changes for sellers in a body corporate is the requirement to provide a ‘body corporate certificate’. This replaces the old ‘information certificate’ and is now a mandatory under the new rules.
- The certificate is issued by the body corporate (using BCCM Form 33 or 34) upon request by you, your buyer, or your agent.
- It contains important details about the scheme, including financial information, levies, and other key records.
- You must also give the buyer a copy of the community management statement (CMS) for your scheme.
- The body corporate has five business days to provide the certificate after receiving your request and the legislated fee.
These certificates can be ordered from the BCsystems online forms library.
What Else You Need to Disclose
The body corporate certificate and CMS are only part of your seller disclosure obligations. You or your solicitor must also complete the Seller Disclosure Statement (Form 2) under the Property Law Regulation 2024.
This covers:
- Title details and encumbrances – including mortgages, easements, or leases.
- Land use and planning matters – zoning, heritage listings, or resumption notices.
- Building and structure information – including pool safety certificates and notices under building laws.
You may also need to provide other prescribed certificates, depending on your property type.
The body corporate cannot provide you with the Seller Disclosure Statement (Form 2). This document must be prepared by the seller (or their solicitor/advisor) based on information that the seller knows or ought to know about the property.
What If You Don’t Comply?
If you fail to give the required documents, give them late, or provide incorrect or incomplete information, the buyer may be able to cancel the contract right up until settlement, even if the mistake was unintentional.
Other Documents Available
When ordering a body corporate certificate from BCsystems, you may also order a ‘bundle’ of other documents that you may need to refer to when completing your sale contract. These documents do not form part of the body corporate certificate, but they are commonly requested by buyers, so getting a copy early may make the sale process smoother.
This ‘bundle’ can be selected using the online form.
How to Get Seller Disclosure Right
- Request the body corporate certificate and CMS early.
- Work with your solicitor to prepare the Seller Disclosure Statement.
- Keep proof of when and how you gave the documents to the buyer.
Selling in a body corporate scheme now requires more preparation, but these changes are designed to make the process more transparent for buyers and smoother for everyone involved.
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