Form 2 Explanatory Notes
Information To Sign Your Form 2
Here’s a bit more info to help:
Council Rates workings:
These are shown without any prompt payment discounts, and don’t include water access charges.
Water Access workings:
These only show the fixed access fees from the council or water authority - they don’t include usage or consumption charges.
Please note: The figures on the Form 2 could annualised (Check the date ranges). This means if the rates/water are issued quarterly, we may multiply them by the daily rates x 365 days.
Statutory Encumbrances:
If there are any, we include location maps so it’s easy to see which areas are affected - this is all in line with the legislation.
The reason the “Statutory Encumbrances” box is ticked “Yes” on your Form 2 is because certain rights attach to almost all properties in Queensland by law. These are called statutory encumbrances, and they include things like council drainage and sewerage rights, electricity or telecommunications infrastructure, gas pipelines, and transport corridor rights. They apply automatically, whether or not you signed anything, because they protect essential public services.
In addition, if your property is subject to a rental tenancy agreement, this is treated as an unregistered encumbrance. Even though it doesn’t appear on the title, it still gives the tenant legal rights to occupy the property and must therefore be disclosed.
So while you may not have thought of your property as “encumbered,” the law requires these matters to be disclosed to ensure buyers are fully aware of all statutory and tenancy rights that affect the land.
Execution:
Shortly, we will be sending you an email via our secure platform "Annature" to execute your report.
Please note: After execution, you'll receive a completion certificate from Annature - this is your Form 2 only.
You will receive a separate email to let you know once the report has updated in the portal. Our Seller Disclosure Report will then be available for you to download directly from the portal.