BCCM Form 33: Queensland's new body corporate certificate.

What Form 33 does

Form 33 is a body corporate certificate issued by the body corporate when a lot in a community titles scheme is being sold. It is a "prescribed certificate" under the Property Law Act 2023 (Qld) and must be provided to the buyer before the contract is signed, alongside a completed seller disclosure statement (Form 2).

The certificate brings together information that was previously split across two separate documents at two different stages of the sale. Under the previous regime, the seller obtained a section 206 disclosure statement and provided it with the contract, then the buyer would later obtain a Form 13 information certificate before settlement to confirm levy balances. Under the new regime, the body corporate produces a single comprehensive certificate (Form 33) that consolidates both disclosure functions, and it must be in the buyer's hands before they sign.

What's in Form 33

Form 33 is comprehensive. It must contain detailed information about both the specific lot being sold and the scheme it belongs to. The major content categories are set out below.

Why the new regime matters

The change is more significant than it might first appear. Three structural shifts make Form 33 substantially more consequential than the documents it replaces.

Disclosure happens before contract signing

Under the previous regime, much of the financial disclosure was effectively delivered to the buyer after they were already contractually committed. The certificate had to be obtained before settlement, but the section 206 statement provided with the contract was less comprehensive. Under the new regime, the buyer sees the complete picture before they sign — and that timing shift has direct legal consequences.

Inaccuracy creates termination rights

If Form 33 is incomplete, late, or materially inaccurate, the buyer can terminate the contract at any point before settlement. This is a stronger remedy than was available under the previous regime. A buyer who discovers, two weeks before settlement, that the certificate omitted a special levy can walk away from the purchase. Sellers and bodies corporate now have substantially more incentive to get the certificate right the first time.

Responsibility shifts toward the body corporate

The Form 33 is a certificate from the body corporate. While the seller is responsible for obtaining and providing it, the underlying information must be accurate at the body corporate level. If the body corporate's records are themselves inaccurate or incomplete — for example, missing details of a service contract or an embedded network — that flows through to the Form 33 and creates exposure.

How Form 33 fits with the broader 2025 disclosure regime

Form 33 is part of a wider modernisation of Queensland property law under the Property Law Act 2023 (Qld). The Act also introduced Form 2 — a comprehensive seller disclosure statement that applies to all property sales, not just community titles schemes. Together, Form 2 and Form 33 (or Form 34 for two-lot schemes, or Form 18 for BUGTA schemes) constitute the prescribed pre-contract disclosure package for a community titles lot sale.

The reform sits alongside other Queensland strata reforms including the 2021 BCCM regulation modules (which tightened commission disclosure to require monetary amounts) and the broader trend across Australian jurisdictions toward stronger upfront disclosure to property buyers and owners.

What this means for bodies corporate, sellers, and buyers

For bodies corporate

Records accuracy now has direct commercial consequences for owners. A body corporate that cannot accurately produce a Form 33 within statutory timeframes is creating delay and potential termination risk for any lot owner trying to sell. This means contracts, quotes, approved works, insurance details, and service agreements all need to be in good order — not just well-organised internally, but able to be summarised accurately on demand.

Practically, this is pushing many bodies corporate (and their managers) toward better digital record-keeping. Paper-based or partially-digital systems are more likely to produce inaccurate Form 33s than fully digital systems with clean audit trails.

For sellers

The seller is legally responsible for providing the buyer with a current and accurate Form 33 before contract signing. Late, missing, or inaccurate information gives the buyer the right to terminate. Sellers should obtain Form 33 well in advance of marketing, review it carefully, and re-issue an updated version if information changes (for example, if a special levy is struck during the sale process).

For buyers

The new regime is unambiguously beneficial. Buyers see comprehensive financial and administrative disclosure about the scheme before they sign. They have a remedy if the disclosure turns out to be wrong — they can terminate up to settlement. They should still review the Form 33 carefully (or have their solicitor do so), and may request an updated certificate closer to settlement to confirm current fee positions.

The connection to maintenance quote records

A specific implication of Form 33 that often goes unnoticed: it requires disclosure of approved improvements to common property. To produce this accurately, the body corporate needs reliable records of every improvement that has been approved through correct voting mechanisms and recorded in body corporate documents.

This brings into sharp focus the broader obligation that all maintenance quotes must be tabled for committee consideration, included in meeting records, and accessible to lot owners on request. Bodies corporate that have managed quote and improvement records loosely now have a direct commercial reason — sale liquidity for owners — to fix their record-keeping.

Frequently asked questions

Does Form 33 apply to off-the-plan sales?

Off-the-plan sales continue to follow the existing rules for new development disclosure. Form 33 applies to the sale of existing lots in established community titles schemes.

How long does the body corporate have to produce Form 33?

Under Queensland law, the body corporate must issue the certificate within five business days of receiving a written request and the prescribed payment.

Can the buyer request an updated Form 33 before settlement?

Yes. Buyers or their solicitors can request an updated Form 33 before settlement to confirm current fee positions. This is particularly useful where there has been a long gap between contract signing and settlement.

What happens if the body corporate cannot provide a Form 33?

If the body corporate is unable to provide the certificate, the seller must explain why. This itself becomes part of the disclosure that the buyer relies on, and can be a basis for the buyer to walk away from the purchase or renegotiate terms.

Does Form 33 apply to BUGTA schemes?

No — schemes regulated under the Building Units and Group Titles Act 1980 use BUGTA Form 18 instead, which serves the same function as Form 33 for BCCM schemes.