We recently came across a troubling story on ABC News: a retired couple in Queensland’s Scenic Rim had their million-dollar dream home severely damaged by landslides. The home, built two decades ago on Tamborine Mountain, sat on land prone to natural hazards—something the couple was never told before purchase.
Despite doing “the usual checks,” they were unaware that the area had a long history of landslides. Unfortunately, their experience highlights a major legal gap: under current Queensland property laws, sellers are not legally required to disclose natural hazard risks such as landslides or flooding.
What Will Change in August 2025?
The new Property Law Act, coming into effect on 1 August 2025, will require sellers to provide a mandatory disclosure statement before signing a contract. This is a welcome change for buyers—but it still has limitations.
Sellers Must Disclose:
- Zoning and planning information
- Easements and encumbrances
- Building compliance certificates
- Water and council rates
Sellers Are Not Required to Disclose:
- Landslide, flood or bushfire risks
- Structural damage or movement
- Pest infestations (e.g. termites)
- Asbestos or other hazardous materials
These are precisely the risks that affected the couple in Scenic Rim. Their home now stands on failing ground, propped up by steel poles, with extensive internal damage and a payout from the insurer that doesn’t come close to covering the loss.
What About Consumer Law?
Queensland property law doesn’t force sellers to disclose natural hazard risks—but consumer law fills some of that gap. If a buyer asks directly:
“Has this property ever been affected by a flood or landslide?”
The seller is legally obligated to answer honestly. Failing to do so can result in penalties under the Australian Consumer Law (ACL).
Our Legal Advice to Buyers in Queensland
At Ensure Legal, we regularly advise Brisbane and Queensland property buyers. Here’s what we recommend before signing any contract:
- Ask specific questions about past landslides, flooding, or structural damage.
- Request a solicitor’s review of the disclosure statement and building reports.
- Access council hazard maps (e.g. flood zones, landslide risk overlays).
- Order an independent building and pest inspection.
Don’t Rely on “Standard Checks” Alone
Even experienced buyers can miss key risks if they don’t know what to ask. As seen in the Scenic Rim case, a missed question can cost hundreds of thousands of dollars—and your peace of mind.
Need Help? Talk to a Queensland Property Lawyer Today
If you’re buying a house or land in Brisbane, Gold Coast, or regional Queensland, Ensure Legal can help. We’re a local property law firm specialising in:
- Liaising with real estate agents and councils
- Pre-purchase contract review
- Disclosure advice under the 2025 law reform
- Risk-based enquiries and legal protections
