For a detailed buyer checklist and the official form, see our guide to Queensland Form 2 seller disclosure and buyer due diligence.
While Queensland’s new property disclosure regime under the Property Law Act 2023 represents a major step forward in transparency, it is critical for buyers to understand that Form 2 is not a complete due diligence substitute. There are important exclusions that buyers, agents, and lawyers must be aware of—especially when it comes to flood risks, building integrity, and pest-related concerns.
Disclosure Limitations Under the New Law
Form 2, which becomes mandatory from 1 August 2025, covers a broad range of topics including title information, encumbrances, tenancy details, government notices, zoning, and more. However, the form does not require the seller to disclose:
- Detailed flood history
- Structural issues or building defects
- Pest infestations (e.g. termites)
- Whether building works have received council approval
- Connection of services (e.g. sewer, electricity, water)
These exclusions are clearly stated in the form itself, which advises buyers not to rely solely on Form 2 for these matters. Instead, buyers are encouraged to undertake independent checks before signing the contract.
Flood Risk: What Buyers Need to Know
Flooding is a serious concern for many parts of Queensland. Yet Form 2 does not include a property’s flooding history or flood risk. Instead, it directs buyers to check flood mapping and historical data via local councils or the Queensland Government’s official flood information portals.
Buyers must not assume a property is flood-free simply because it is not flagged in the disclosure statement. If flood risk is a concern, engaging a solicitor or town planner to review relevant council data is essential.
Structural and Pest Inspections Remain the Buyer’s Responsibility
Unlike some other jurisdictions, Queensland’s new regime does not mandate sellers to provide pest or building inspection reports. Any known structural or pest issues might still be relevant in cases of misrepresentation, but the seller is not legally required to disclose them in Form 2.
Therefore, buyers are strongly advised to engage qualified building and pest inspectors prior to signing the contract or during any conditional period. A standard building and pest clause in the contract can help mitigate these risks, but it does not replace early due diligence.
Legal Risks for Sellers: Misrepresentation Still Applies
Although Form 2 has defined limits, sellers must still answer honestly if they are asked specific questions about flood damage, termite history, or unauthorised structures. If a seller knowingly withholds material facts, they may still be liable under misrepresentation laws—even if the information wasn’t required in the form.
Agents should also be cautious. Failing to alert buyers to known risks (even if not covered in Form 2) can lead to disputes or complaints.
Key Takeaways for Buyers and Agents
- Form 2 improves transparency but is not all-inclusive
- Buyers must independently verify flood risk, structural integrity, and pest status
- Sellers are not required to attach inspection reports or flood certificates
- Legal responsibility for full due diligence still lies with the buyer
- Misleading or dishonest answers can still expose sellers to legal claims
Final Advice
The new disclosure statement (Form 2) brings consistency and structure to Queensland property sales. However, it is only one part of a thorough due diligence process. Buyers should not rely on Form 2 alone when making a purchasing decision.
At Ensure Legal, we help buyers review Form 2 disclosures and coordinate appropriate inspections, searches, and contract advice to ensure your investment is properly protected.
