Strata Disclosure - The Truth

Whilst Strata Disclosure is a topic which is presented at numerous workshops it appears that all parties involved in the sale and purchase of strata title properties are still unaware of requirements. Some real estate agents/sales representatives and conveyancers are of the mistaken belief that until the Strata Titles have issued there is no requirement to provide Strata Disclosure. This is not true.

If you read the Disclosure Form carefully it is headed "Form 28 Disclosure Statement. Sale of a Strata Titled Lot or Proposed Strata Title Lot". If the Strata Titles have not issued you are then selling a Proposed Strata Lot and as such Disclosure is mandatory.

Real Estate Agents and Sales Representatives need to ensure that Strata Disclosure is given prior to the Contract being executed in EVERY instance, including where Strata Titles have not issued.

You should also ensure that the Disclosure Form is complete, see Point 4 below for more information.

Failure to provide this information prior to the Contract being executed may enable the Buyer to terminate the Contract and a Seller may hold the sales representative or real estate agent responsible for any losses the Seller may incur due to a lost sale.

Where you are selling a proposed Strata Lot, ie one where the Titles have yet to issue the Seller should appoint a surveyor immediately to draw the Strata Plan and they should also appoint a valuer to complete a certificate of unit entitlement.

A copy of the proposed Strata Plan and certificate of unit entitlement should be provided to the real estate agent/sales representative to enable them to complete the Disclosure statement.

It is preferable, though not always possible, for this to occur prior to the property being opened for inspection. Most certainly this information should be in the hand of the agent or sales representative before any offers are made.


  1. It is the Seller's responsibility to provide the Buyer with Strata Disclosure.  Agents and representatives should be aware that a Seller will rely on the Agent or representative to ensure the Seller's disclosure obligations are met.
  2. The Disclosure must be completed and given to the Buyer PRIOR to entering into a Contract.
  3. The Disclosure must be given to the Buyer who must read and understand it prior to the Contract being executed in ALL circumstances. This includes situations where the Strata Titles have not yet issued and where the Strata Plan has yet to be drawn.
  4. The Disclosure must have the following items attached to it:
    • Ensure the Strata Manager's details are completed including their name; address or email address and telephone number
    • Copy of Form 29 including copy of the standard by-laws.
    • Copy of the registered or proposed Strata Plan or Survey-Strata Plan with the Lot being bought clearly identified and drawing attention to any information on the plan that relates to the property being bought.
    • A statement of unit entitlement or proposed unit entitlement.
    • Copy of all non standard bylaws including those that are registered or proposed to be registered.
    • Where the Lot is sold by the Original Proprietor additional information is required to be provided, in specific circumstances. Refer Part 2 of Form 28.
  5. The Seller is to sign the Disclosure statement PRIOR to it being handed to the Buyer.
  6. The Buyer should read this information before they sign the Disclosure and before they sign the Offer and Acceptance Contract.
  7. The Selling Agent must also sign the Disclosure.
  8. The original Disclosure is retained by the Buyer.
  9. The Selling Agent should retain a FULL copy of the executed Disclosure statement including all annexures on file - this is not obligatory but is best practice.
  10. The Selling Agent is under NO obligation to provide the Disclosure statement to the settlement agents however it would be appreciated if a copy could be provided with the settlement instructions so we can confirm the Seller's obligations have been met.