The shocking GAPS in Seller’s Disclosure Form 2 (what buyers won’t be told)

Queensland’s property landscape changed on 1 August 2025. Every seller now has to give buyers a Form 2 seller disclosure statement before a contract is signed. The reform is designed to improve transparency and protect buyers – but the Form 2 is not a complete safety net. Some of the biggest risks you can face as a buyer aren’t covered by it at all. Here’s what you won’t find in a Form 2, and how to protect yourself before you sign.

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Gap 1: Flooding

Queenslanders know flooding better than anyone in Australia, yet the Form 2 does not require sellers to disclose whether a property has been flooded before or is at risk of flooding in future. Why? Because councils don’t share a single definition of “flooding,” so there’s no consistent statewide standard to disclose against. Instead, the Form 2 points buyers to resources like Floodcheck Queensland and the Australian Flood Risk Information Portal.

The warning is clear: it’s the buyer’s job to make inquiries. Even if a property has been underwater before, it won’t be listed on the Form 2. If you don’t check, you may only find out after settlement – when it’s too late.

Gap 2: Building approvals and compliance

Extensions, decks, sheds, renovations – buyers often assume that if it exists, it must be approved. The Form 2 makes clear that the seller does not warrant structural soundness and does not guarantee that building work has the required approvals. A carport could be unapproved; a renovated bathroom might not meet code. If the council later issues an enforcement or show-cause notice, it becomes the buyer’s problem, not the seller’s.

To protect yourself: run council searches to check approvals, engage a licensed building and pest inspector, and consider a special condition in the contract that protects you if approvals are missing.

Gap 3: Asbestos

Asbestos is one of the most dangerous materials found in Queensland homes, yet under the Form 2 sellers do not have to confirm whether it’s present. The disclosure simply notes that homes built before 1990 may contain asbestos and points buyers to the government asbestos website. In other words, it’s on you to investigate. If you’re buying a property built before the 2000s, an asbestos inspection is highly recommended – safe removal can be expensive, and it’s not something you want to discover mid-renovation.

Why this matters for buyers and sellers

The Form 2 is a major step forward for disclosure, but the omissions mean it isn’t the full story. For buyers: don’t rely solely on the Form 2 – the contract, searches and inspections are just as critical. Missing a flood overlay, an unapproved structure or asbestos can cost thousands and create long-term stress. For sellers: buyers will usually order searches and inspections anyway, so it’s almost always better to know about issues early and disclose transparently than to risk a dispute, termination, or ambiguity later.

How Empire Legal handles your Form 2

At Empire Legal, we don’t just tick boxes or press a button to generate a Form 2. Our lawyers draft every Form 2 in detail, run the right searches, and explain clearly what’s included and what isn’t – so you go into your property deal with your eyes wide open. Whether you’re buying or selling, we make sure you’re protected under the new disclosure laws.

Ready to protect yourself? Get in touch or call 07 3088 7675, and see our seller disclosure service or residential conveyancing for the full picture.

Frequently asked questions

Does the Form 2 disclose flood risk in Queensland?

No. Sellers are not required to disclose flood history or flood risk on the Form 2. Buyers need to check council resources and tools like Floodcheck Queensland themselves.

Does a Form 2 guarantee building work is approved?

No. The seller doesn’t warrant structural soundness or that extensions, decks or renovations have council approval. Run council searches and get a building and pest inspection.

Does the Form 2 tell me if there’s asbestos?

No. Sellers don’t have to confirm whether asbestos is present. For any home built before the 2000s, an asbestos inspection is strongly recommended.

What should I check beyond the Form 2?

Flood mapping, building and pest inspection, pool safety compliance, council development applications nearby, and the title search for easements and encumbrances. The Form 2 is your legal baseline, not the finish line.

Related reading: Form 2 – what buyers need to know about their rights, and if you’ve moved from interstate, does Queensland have a Section 32?

All information is general in nature and does not constitute legal advice. Please contact our office for advice tailored to your situation.