Buying a unit, townhouse or apartment in Queensland is straightforward once you understand what the seller is required to give you before you sign anything. For lots in a community titles scheme, that means a set of documents that goes beyond the standard seller disclosure statement, and knowing what each one covers helps a buyer make an informed decision about the property.
Since 1 August 2025, Queensland's seller disclosure scheme, introduced under the Property Law Act 2023, has changed what sellers must provide before a contract is signed. For body corporate lots, the scheme requires the seller to give the buyer a body corporate certificate alongside the seller disclosure statement and the community management statement, according to the Queensland Government. Together, these documents tell a buyer what the body corporate looks like financially, what the by-laws are, and what the lot will cost to own beyond the purchase price.
Our solicitors in Springfield and Ipswich help clients across Greater Springfield with buying units, townhouses and lots in community titles schemes, including reviewing the disclosure documents before a contract is signed.
Here is what the body corporate disclosure documents cover, and what buyers should know before they sign.
Key takeaways
- Sellers of body corporate lots must give buyers a body corporate certificate before contract, according to the Queensland Government.
- The certificate is only accurate on the day it is issued and levies can change at the next general meeting.
- Buying a lot automatically makes the buyer a member of the body corporate.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What does a body corporate disclosure statement cover in Queensland?
For lots in a community titles scheme, the seller disclosure statement covers information about the lot and the scheme that a buyer needs before signing, according to the Queensland Government. It includes the seller's and buyer's details, the title search and survey plan, and information about registered and unregistered encumbrances such as mortgages, easements and leases. It also states whether the lot has a pool on it or on common property, whether the lot is subject to a residential tenancy, and whether any notices under the Building Act or Planning Act have been given to the seller.
For body corporate lots specifically, the scheme also requires the seller to give the community management statement and a body corporate certificate, according to the Queensland Government. The community management statement identifies the lot entitlement schedules used to calculate levies, any by-laws, any exclusive use by-laws giving one lot's owner the use of part of the common property, and details of any proposed development of the scheme. Together, these documents give a buyer a picture of the scheme they are joining and what their ongoing financial obligations will be.
What does the body corporate certificate tell a buyer?
The body corporate certificate is an approved form that gives key information about the body corporate and the lot, according to the Queensland Government. It shows the levies that apply to the lot, any levies currently outstanding from the seller, the latest financial statement of the body corporate, and the by-laws. Because it is accurate only on the day it is issued, a buyer should note that levies may change at the next annual general meeting.
The certificate typically covers:
- › Levies due: the amounts payable to the administrative fund and sinking fund for the lot.
- › Outstanding levies: any unpaid levies from the current owner, which may become the buyer's liability.
- › Financial statements: the body corporate's most recent financial position across both funds.
- › By-laws: the rules that govern the use of lots and common property.
- › Insurance: the insurance certificate for common property, confirming the body corporate's coverage.
Late levies can attract simple interest of up to 2.5% for each month overdue, and unpaid levies of the seller may become the buyer's liability, according to the Queensland Government. Reviewing the certificate carefully before contract gives a buyer an early view of whether the body corporate is financially healthy.
How do the two funds work, and why does it matter?
Every body corporate in Queensland is required to maintain two separate funds, according to the Queensland Government. The administrative fund covers day-to-day costs such as regular maintenance of common property and insurance. The sinking fund covers larger one-off items such as repainting, major repairs and replacing significant items like fences. Money cannot move between the two funds.
The sinking fund budget must reserve for likely capital spending for at least nine years beyond the current financial year, according to the Queensland Government. A buyer who reviews the sinking fund balance in the financial statements can get a sense of whether the scheme is setting aside enough for upcoming major works, or whether a special contribution is likely in the near future.
A special contribution must be collected where unexpected costs arise that were not budgeted for, or not budgeted adequately, according to the Queensland Government. If a special contribution has already been levied with a notice issued on or before the contract date, the seller is liable for it. A special contribution levied after the contract date falls to the buyer. Understanding this distinction is one reason the body corporate certificate matters so much before signing.
"A body corporate certificate is only accurate on the day it is issued. Levies, outstanding debts and the financial position of the scheme can all change between the certificate date and settlement, which is why a solicitor reviews it in context rather than in isolation."
Jade Kickbusch, Principal, Brookwater Legal
How does a buyer get the documents, and when must they be given?
The seller is responsible for obtaining the body corporate certificate and giving it to the buyer before the buyer signs the contract, according to the Queensland Government. The seller asks the body corporate in writing and pays a fee set by legislation. The body corporate must give the certificate within five days of the request. The seller then gives the certificate to the buyer in person, by post or electronically before the contract is signed, and must keep proof of delivery.
Where there are several buyers, the documents must be given before the first buyer signs. At auction, different rules apply but the documents must be given or made available before the fall of the hammer, according to the Queensland Government.
If the seller does not give the required documents before the buyer signs, the buyer may be able to terminate the contract at any time up to settlement, according to the Queensland Government. Where the disclosure was inaccurate or incomplete in a material way that the buyer was unaware of and would not have signed had they known, termination may also be available. A solicitor can advise on whether those conditions are met in a particular situation.
How does a solicitor help with body corporate documents in Queensland?
A conveyancing solicitor reviews the body corporate certificate, the community management statement and the seller disclosure statement as part of the pre-contract process. Our conveyancing team checks the levy amounts, reviews the financial statements for signs of an underfunded sinking fund or outstanding debts, reads the by-laws for restrictions that might affect how the lot is used, and confirms the insurance is current.
Step 1: Talk to us
Get in touch and we'll explain how the body corporate disclosure documents work and what to look for before you sign.
Step 2: Review the disclosure documents
We review the seller disclosure statement, the body corporate certificate and the community management statement, checking levies, by-laws, the sinking fund balance and any outstanding debts against the lot.
Step 3: Advise on the contract
We advise on what the certificate shows in the context of the contract terms, including how special contributions are allocated between buyer and seller and whether the disclosure documents comply with the Queensland Government's requirements.
Step 4: Handle settlement
We manage the settlement process electronically through an approved Electronic Lodgment Network operator, confirm the levy adjustments and ensure the title is transferred into the buyer's name.
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What do the by-laws in the community management statement cover?
The by-laws form part of the community management statement and set out the rules that govern how lots and common property can be used, according to the Queensland Government. They can cover the administration and management of common property and body corporate assets, and the use and enjoyment of lots, common property and services the body corporate supplies.
There are important limits on what by-laws can do. A by-law cannot restrict the type of residential use of a lot that may lawfully be used for residential purposes, and cannot prevent or restrict a transfer, mortgage, lease or other dealing with a lot, according to Queensland's Body Corporate and Community Management Act. A by-law must not discriminate between types of occupiers or be oppressive or unreasonable.
On animals specifically, a by-law must not prohibit keeping or bringing an animal onto a lot or common property, and must not restrict the number, type or size of animals, according to Queensland's Body Corporate and Community Management Act. A by-law may require the body corporate's written approval first, but approval cannot be unreasonably withheld. A buyer who wants to keep pets can check the by-laws in the community management statement before signing, knowing that an outright ban is not enforceable under the Act.
When does this process not apply to a buyer?
The body corporate disclosure documents are required for lots in community titles schemes, which covers most units, townhouses and apartments. There are situations, however, where this process works differently or does not apply in the same way.
Situations where the standard body corporate disclosure process differs:
- › Off the plan purchases: the seller disclosure scheme does not apply to sales of proposed lots, which have their own disclosure requirements under the Land Sales Act and the Body Corporate and Community Management Act.
- › Layered schemes: where a lot sits inside a layered community titles scheme, the community management statement will list two scheme numbers and the by-laws of both the principal and subsidiary scheme apply. A title search confirms this.
- › Older BUGTA schemes: some older body corporate schemes operate under the Building Units and Group Titles Act rather than the Body Corporate and Community Management Act. These schemes have their own certificate form.
- › Specified two-lot schemes: these schemes have a simplified structure, with their own certificate form and no sinking fund requirement.
A solicitor can confirm which scheme type applies to a particular lot and what documents should be in the disclosure package.
Frequently Asked Questions
What is a body corporate disclosure statement in Queensland?
Since 1 August 2025, sellers of body corporate lots in Queensland must give buyers a seller disclosure statement, a community management statement and a body corporate certificate before the contract is signed, according to the Queensland Government. Together these documents replace the earlier body corporate disclosure statement as the primary pre-contract disclosure for community titles lots.
What happens if the seller does not give a body corporate certificate in Queensland?
Where no disclosure was given before signing, the buyer may be able to terminate the contract at any time up to settlement, according to the Queensland Government. Where disclosure was given but was inaccurate or incomplete in a material way, termination may also be available if the buyer was unaware of the issue and would not have signed had they known.
How long does a body corporate certificate remain current in QLD?
A body corporate certificate is accurate only on the day it is issued, according to the Queensland Government. Levies can be adjusted at any annual or general meeting, and a special contribution levied after the certificate date would not appear in it.
Can a body corporate by-law ban pets in a Queensland unit?
No. Under Queensland's Body Corporate and Community Management Act, a by-law cannot prohibit keeping animals on a lot or common property, and cannot restrict their number, type or size. A by-law may require written approval from the body corporate first, but that approval cannot be unreasonably withheld.
What is the difference between the administrative fund and sinking fund in Queensland?
The administrative fund covers day-to-day costs such as maintenance and insurance, while the sinking fund covers major capital works such as painting or replacing significant items, according to the Queensland Government. Money cannot be moved between the two funds.
Do you need a solicitor to review body corporate documents in Springfield or Ipswich QLD?
A solicitor can review the body corporate certificate, community management statement and seller disclosure statement before a contract is signed, checking levies, by-laws, the sinking fund balance and any outstanding debts. Our conveyancing team assists buyers of units and townhouses across Greater Springfield and Ipswich.
Are unpaid body corporate levies the buyer's problem after settlement in Queensland?
Unpaid levies of the seller may become the buyer's liability after settlement, according to the Queensland Government. The body corporate certificate shows any outstanding levies from the current owner, which is one of the key reasons to review it carefully before signing a contract.
Your Next Steps
Buying a unit or townhouse in Greater Springfield or Ipswich means joining a body corporate from the day of settlement, with ongoing levy obligations and by-laws that apply immediately. Understanding what the disclosure documents show before signing gives a buyer a clear picture of that commitment and the financial health of the scheme they are joining.
If body corporate documents are on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we'll talk you through how the process generally works.
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External Resources
- Queensland Government - Buying into a body corporate
- Queensland Government - Seller disclosure scheme
- Queensland Government - Selling a body corporate property
- Queensland Government - Owner's contributions (body corporate fees)
- Queensland Legislation - Body Corporate and Community Management Act 1997
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
