This article is about buying or selling in a community titles scheme.
New seller disclosure requirement commenced on 1 August 2025. As part of this change, disclosure of the community management statement (CMS) and the introduction of the body corporate certificate (BCC) will help ensure those buying a lot in a community titles scheme (CTS) are fully informed before their purchase.
The heralded improvements will enhance transparency, consistency, and efficiency within Queensland’s community titles sector. The body corporate plays an important role in the new seller disclosure requirements, as it will be required to provide the seller with a BCC when requested.
The seller disclosure framework benefits buyers, sellers, and industry professionals through clearer disclosure and reduced confusion in property transactions.
To assist with explaining the changes, this article will explore what is a CTS and a CMS.
It will provide information about the changes to seller disclosure requirements that impact the community titles sector and what must be disclosed.
This will assist sellers and bodies corporate to prepare for the changes and for buyers of a CTS lot to know the information they are legally required to receive to make an informed choice.
Community titles schemes
A CTS is usually apartment buildings or townhouse complexes where each owner owns a portion (called a lot) and share ownership of common property such as gardens, foyers and swimming pools.
A CTS must contain a minimum of two lots and common property.
All owners of lots in a CTS are a part of the legal entity called the body corporate.
The body corporate is responsible for the running of the CTS, making decisions, setting annual fees to maintain the common property, finance administration services and obtaining insurance.
Community management statement (CMS)
When a CTS is created, the developer must register a community management statement (CMS) with Titles Queensland.
The document confirms the name of the body corporate and the regulation module that applies. The regulation module determines how most body corporate decisions are made.
In addition, the CMS has two schedules of lot entitlements – the interest schedule and the contribution schedule.
These two schedules determine how running costs for the administration, maintenance and insurance of common property, and the cost of utility services (water/electricity), are shared between lot owners.
The CMS also usually contains the registered by-laws, including any that grant exclusive use to lots within the scheme.
The importance of disclosures for buyers in a CTS
Seller disclosures in a CTS are crucial for buyers to make informed decisions and understand their role and responsibilities once they become a member of a body corporate.
Owning in a CTS is very different from owning a stand-alone property. It is important that buyers are aware of the differences before they purchase.
Providing a buyer with all relevant information, such as their financial and legal responsibilities, before purchasing a CTS lot, will hopefully prevent future disputes and misunderstandings.
Each CTS has its own by-laws regulating things like pets, renovations, noise levels, or the use of shared spaces. Buyers should familiarise themselves with these rules to ensure the property aligns with their lifestyle preferences.
Changes to seller disclosures
The new seller disclosure scheme only applies to sales of existing lots, not sales of proposed (‘off the plan’) lots.
With limited exceptions, the seller of a property in Queensland will be required to give a buyer a seller disclosure statement, as well as other prescribed certificates applicable to the property, before a contract for the sale of a lot is signed by the buyer.
The prescribed certificates for a lot in a CTS include the CMS, and a BCC.
The new seller disclosure requirements will replace an existing requirement for the seller of a CTS property to disclose certain information under section 206 of the BCCM Act. It will also replace the existing body corporate information certificate that buyers can obtain from a body corporate under section 205 of the BCCM Act.
The existing requirements in Chapter 5, Part 2 of the BCCM Act regarding disclosure for the sale of a proposed (‘off the plan’) lots in a CTS will continue to apply.
Seller disclosure statement
A new Seller disclosure statement (form 2) has been created under the Property Law Act 2023.
The statement gives details of the lot being sold, including titling information such as the address and plan description.
Importantly, part 6 of the Seller disclosure statement alerts buyers to the fact the lot they are buying is part of a CTS.
Community management statements
Sellers of properties within a CTS must also provide the CMS to a buyer. The CMS can be obtained from Titles Queensland. A copy may also be available from the body corporate records.
Body corporate certificates
Sellers of properties within a CTS must also provide a BCC to a buyer. The seller must obtain the BCC from the body corporate (or their agent), via a written request and with payment of a fee.
The BCC contains both general information about owning a lot in a CTS, as well as specific information about the CTS and the lot being purchased, such as administrative and sinking fund contributions and insurance held.
A buyer may still wish to inspect body corporate records for important information that is not contained in the BCCs, such as information about physical defects in the common property; body corporate expenses for which levies have not yet been fixed; body corporate disputes; and matters raised at recent body corporate meetings.
If the seller is unable to obtain a BCC from the body corporate, for example, because the body corporate advises that its records are destroyed or in disarray, the seller must provide an explanatory statement advising why the certificate cannot be given.
A buyer, or their solicitor, may also ask the body corporate for an updated BCC prior to settlement for the purpose of confirming any amounts owing.
Impact on bodies corporate
The body corporate must provide a BCC for a lot in the approved form within five business days of a written request accompanied with the fee.
There are two approved forms for the body corporate certificate – one for a CTS which operates under the Specified Two-lot Schemes Module 2011, and one for any other CTS.
- BCCM Form 33 – Body corporate certificate
- BCCM Form 34 – Body corporate certificate – Specified Two-lot Schemes.
The information to be provided in the BCC is expected to be available within the body corporate records in most cases. It’s important for a body corporate keep up to date records to enable easier completion of the BCC.
Bodies corporate should keep the required certificate information and documents on hand, as they typically only need updating if changes occur.
For example, a requirement of the BCC is that buyers are provided with information about the scheme’s by-laws.
Usually, the scheme’s by-laws are listed in the CMS. However, some older schemes have a CMS that states that the by-laws are those as of 13 July 2000.
If that is the case, a consolidated set of the by-laws will need to be provided with the BCC. If the body corporate has not maintained a consolidated set of its by-laws, a search of Titles Queensland records might need to be conducted to ensure the latest by-laws can be given with the BCC. This consolidated list can then be kept on hand for future disclosures.
A list of the documents required to be given with the BCC are on page 11 of the BCC (or page 9 for the Specified Two-lot Schemes BCC).
While long-term benefits include efficiency, there may be an initial workload increase for a body corporate in:
- understanding the information to be included in the certificate
- identifying the required information in the body corporate records
- updating internal systems and processes
- responding to early questions or issues.
Over time, this certificate may help reduce enquiries from purchasers by addressing the common questions usually asked during the sale of a CTS property.
Fees
The fee for the body corporate certificate is $84.10. However, if the person requesting the certificate has requested a certificate for the same lot within the previous 3 months, a reduced fee of $71.50 is payable.
An additional fee of $30.00 is payable for a request for a certificate to be given within 24 hours. The body corporate must refund this fee if the certificate is not given within 24 hours.
For bodies corporate, the shift brings both opportunities and responsibilities.
While there may be an initial adjustment period involving new administrative practices, the long-term gains are substantial. These include better compliance with legal requirements, improved record-keeping, and more professional governance standards.
Ultimately, seller disclosure and the BCC strengthen the integrity of community titles schemes across Queensland and provide a clearer, more accountable foundation for community living and property ownership.
Commissioner for Body Corporate and Community Management
P: Information Service Freecall 1800 060 119
This post appears in Strata News #756.
Have a question or something to add to the article? Leave a comment below.
Read next:
- QLD: Community Management Statement (CMS) – What is it?
- QLD: Strata Essentials: Navigating Disclosures, Pets, Voting & New Body Corporate Certificates
- QLD: Q&A Is the Form 33 preparation fee a body corporate expense or a buyer cost?
This article has been republished with permission from the author and first appeared on the Queensland Government website.
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