Form 2s, Form 33s and Body Corporate Disclosure in Queensland: What You Need to Know
Buying and selling property in Queensland involves a maze of legal documents, and for properties within a community titles scheme, the process is even more layered. Two forms often misunderstood by sellers, buyers, and even some agents are the Form 2 (Disclosure Notice) and the Form 33 (Body Corporate Information Certificate). Both documents, together with additional body corporate material, play a critical role in ensuring a transaction is legally compliant and transparent.
What is a Form 2?
The Form 2 Disclosure Notice is provided by the seller (through their solicitor or conveyancer) to prospective buyers before a contract is signed. It contains essential information about the property, such as title details, encumbrances, and any restrictions that may affect the buyer’s use of the land.
For standalone houses, this form might appear straightforward. However, when the property is part of a community titles scheme, the disclosure obligations become more complex. That’s where body corporate documentation and the Form 33 come into play.
Understanding the Form 33
A Form 33 is issued by the body corporate manager. It provides a snapshot of the lot owner’s current financial position with the body corporate. In practical terms, it confirms:
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Whether levies are paid up to date or if there are arrears.
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The current contribution and sinking fund levies.
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Any upcoming special levies.
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Details of insurance held by the body corporate.
Buyers rely on the Form 33 to understand their financial obligations as a future owner. It helps avoid nasty surprises such as inheriting unpaid levies or unexpected special contributions.
Why body corporate disclosure is so important
Purchasing into a body corporate scheme isn’t just about buying an apartment or townhouse—it’s buying into a shared system of governance and financial responsibility. Beyond the Form 33, sellers are expected to provide additional disclosure, such as:
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Community management statements.
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By-laws and rules of the scheme.
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Minutes of recent body corporate meetings.
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Details of any ongoing disputes, legal proceedings, or tribunal orders.
This information is crucial because it can significantly affect a buyer’s decision. For example, a buyer may think twice about purchasing if they discover planned litigation, major building defects, or looming special levies.
The interplay between Forms 2 and 33
The Form 2 covers the seller’s statutory disclosure obligations under property law, while the Form 33 provides financial and insurance details specific to the body corporate. Together, they give the buyer a full picture of both the individual lot and the collective responsibilities tied to the scheme.
If either form is missing or inaccurate, the consequences can be serious. Buyers may have the right to terminate the contract, leaving the seller exposed to financial loss and delays.
Practical advice for sellers and agents
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Start early – Obtaining body corporate information can take time, so don’t wait until a contract is on the table.
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Check accuracy – Ensure the Form 33 matches the seller’s levy account status and that the insurance details are current.
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Educate buyers – Agents should be prepared to explain why body corporate disclosure is necessary and how it protects both parties.
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Work with professionals – Conveyancers and solicitors can ensure the forms are correctly prepared and delivered in compliance with the law.
Final thoughts
Form 2s, Form 33s, and body corporate records are more than just paperwork—they are legal safeguards. As Queensland moves toward a more robust disclosure regime under the Property Law Act 2023 (effective August 2025), these documents will be front and centre in every strata or community titles transaction.
Handled properly, they build trust, prevent disputes, and keep sales on track. Handled poorly, they can undo weeks of negotiation in an instant.
This is general advice only, for specific legal advice, speak with your legal representative.
