The form 2 seller disclosure statement including body corporate certificate replaces section 206 disclosure statements from 1/08/2025.

Mybodycorpreport.com.au will be preparing complete form 2 seller disclosure statements, including the body corporate certificate. We will also be facilitating order of body corporate certificates.

Our pricing can be seen here.

Keep reading to find out how to order form 2 seller disclosure statement, body corporate certificates, or implied warranty and other body corporate information from us.

Order Forms

As at time of writing our online order forms are still being built. Its taking time to capture all the required information.

That’s because ordering a form 2 seller disclosure statement is not as simple as ordering a section 206 disclosure was. There is a lot more information to obtain and various disclosures need to be made by sellers.

Until the online order forms are built all orders for form 2 seller disclosure, body corporate certificates, and implied warranty searches must be submitted by email to info@mybodycorpreport.com.au.

The rest of this article is about what information is required to order each search.

Order a Form 2 Seller Disclosure Statement

Unfortunately, the process of ordering a form 2 seller disclosure statement is lengthy and may look intimidating to start with. However, we need to make sure that all the correct information is captured for inclusion.

To complete the form there are searches that need to be undertaken and we need the seller authorization to complete those searches.

There is also information that only the seller is likely to know and documents they will need to provided (or uploaded once order forms are complete).

Download the order form 2 seller disclosure statement here.

There are six parts to the disclosure. Refer below for further information if you get stuck on a particular part. Feel free to ask questions. Your feedback will help us make the process clearer and easier to complete.

PART 1 Seller and property details

This is straight forward information.

A copy of notice of contributions would be ideal, or details of lot and plan number, however they are only for confirmation we are doing the correct lot.

PART 2 Title details, encumbrances, and residential tenancy or rooming accommodation agreement

Authority is required to carry out various searches for documents to be included.

Unregistered Encumbrances

If the owner has entered into any agreements affecting the lot that will be transferred to the buyer this must be disclosed.

The most common encumbrance will be a lease. If the property is tenanted, or has been in the last 12 months, these details must be disclosed.

A copy of any written agreements the owner, or previous owners, have entered relating to the lot must be attached.

Any oral agreements the owner, or previous owners, have entered relating to the lot must be disclosed.

PART 3 Land use, planning, and environment

Authority is required to carry out various searches for documents to be included.

Form the most part the form 2 seller disclosure relates to the lot rather than the wider common property of the body corporate.

Transport proposals and resumptions and contaminated land and environmental protection can be perceived as relating to the site and the body corporate may have been notified rather than the owner. Hence the need for independent searches to confirm.

Contamination and Environmental Protection

There are additional questions relating to notices that the owner is required to give, or was given, regarding the lot and environmental contamination and protection.

This is notice required / given regarding circumstances relating to the lot not the wider common property of the body corporate.

Trees

A tree order search will be carried out.

If the owner is aware of any applications made for a tree order involving the lot they should attach a copy of the tree application here.

If they are unsure then an additional tree application search can be carried out at a cost of $38.88.

PART 4 Buildings and structures

Authority is required for various searches to be carried out.

Pools can be shared pools on common property or pools in one lot only. The owner is required to disclose that information here.

Notices and Orders

Q1: The seller is required to disclose if any show cause notice or enforcement notice has been issued under the Building Act 1975. This can relate to several things but most likely to be unapproved building works or fire safety hazards that will become the responsibility of the buyer.

Q2: This question is more likely to apply to owners in a body corporate because it will include unsatisfied by-law breaches or adjudication orders issued by/for the body corporate.

Say for instance there is unapproved flooring that is the matter of dispute, or specific works to part of the structure(s) of the lot that remain uncompleted. These matters will transfer to the buyer at settlement and need to be disclosed in the form 2 seller disclosure.

PART 5 Rates and Services

A copy of the latest rates notice is required.

A copy of the latest water services charge is required.

Its in owner’s best interest to provide these documents as otherwise they need to be searched via various local councils and the charges vary widely.

If you have not got a copy of the rates / water the search of council can be authorized there. It will be billed separately as the costs vary.

PART 6 Community titles schemes and BUGTA schemes

Authority to carry out search is required here.

Declaration

The final step in the order is to declare that the information given is correct to best knowledge.

The completed and signed form should be sent to info@mybodycorpreport.com.au for processing. That’s it you’ve ordered and you’ll be contacted regarding payment.

Order a Body Corporate Certificate

A body corporate certificate is required per part 6 of the form 2 seller disclosure statement, along with a copy of the CMS.

All body corporate certificate requests will be ordered urgently (within 24 hours). The option to obtain urgent certificates exists in regulations however it is up to the strata manager if they can / will provide.

Ordering a body corporate certificate is similar to ordering a section 206 disclosure statement. We need to know the following information:

• Address:  
• Lot number:
• Lot owners name:
• Body corporate name/ CTS number:
• Who manages records?

As soon as we receive the order / payment we will lodge the request and carry out searches.

CMS or no CMS?

Part 6 of the form 2 seller disclosure requires a body corporate certificate and CMS be attached. Or by-laws if the lot is a BUGT Act building.

If you sell multiple lots in the same building, then you will only need to have one copy of the CMS which can be reused for all lots you sell as long as that CMS remains the current document.

Every body corporate certificate search will include a dealing search. This search shows the dealing number of the current CMS. You can use this search to check whether your copy of the CMS is the most current document.

Order a Body Corporate Search for Implied Warranties

The form 2 seller disclosure statement relates to the individual lot and includes the body corporate certificate which gives information about the lot and its responsibilities within the body corporate.

What’s not included is any information about defects or other matters ongoing in the common property. Section 223 BCCM Act 1997 remains in force and sellers warrant to buyers that there are not latent and patent defects in common property other than those 1) from fair wear and tear and 2) as disclosed in the contract.

If you wish to be supplied with information relating to the body corporate common property, then you will need to carry out this body corporate search of records.

It will include copies of documents to fulfil disclosure requirements and an implied warranty statement.

Each search will include:

• Owner statement
• Financial statements
• Registers – assets or authorizations (if available)
• Current insurance details
• General meeting minutes for last two (2) years
• Committee meeting minutes for last 12 months
• Cladding compliance documents (if applicable)
• Sinking Fund Forecast

You are free to request any other documents you want.

Ordering a body corporate search for implied warranties is similar to ordering a section 206 disclosure statement. We need to know the following information:

• Address: 
• Lot number:
• Lot owners name:
• Body corporate name/ CTS number:
• Who manages records?

As soon as we receive the order / payment we will lodge the request and carry out searches.

Conclusion

When I first started looking at this stuff, not gonna lie, I was intimidated. I still am to a certain degree, but I console myself that we are all in the same boat here feeling out way. This is new legislation and we’ll all do our best and learn pretty quickly.

If you have questions or there is anything you want to know more about please leave a common or shoot me an email. I am happy to help.