Form 1: the 30-minute survival guide before you sign anything
SA's vendor disclosure statement runs 40+ pages and most buyers skim it. Here are the 12 items that actually matter, what each red flag costs, and what to ask your conveyancer.
Form 1 is the vendor's statement of disclosure required under Section 7 of the Land and Business Sale and Conveyancing Act 1994 (SA). In plain English: it's the document a SA vendor must give you that lists everything legally registered against the property — easements, encumbrances, council notices, heritage listings, statutory charges. If it's not in there and it should have been, you may be able to walk away with your deposit.
The catch: it's long, dense, and most of it is boilerplate that doesn't matter. The risk lives in a handful of specific items. Here are the 12 that actually move the needle on your decision.
The 12 things that actually matter
1. Easements on the title
Sewer mains, stormwater drains, electricity easements, shared driveways, rights-of-way. Each one limits what you can build over or near it. Cost impact: A 3 m sewer easement down the middle of a backyard can kill a granny flat plan entirely. Ask: "Can you mark every easement on the site plan and confirm what's beneath each?"
2. Encumbrances
Private restrictions registered against the title — typically a developer's covenant requiring brick construction, minimum floor area, or fence type for 50+ years. Cost impact: If you wanted to render or extend, you may need the original encumbrancee's consent (often impossible to find). Ask: "Are any encumbrances current and enforceable?"
3. Council orders & notices
Open council orders requiring work (e.g. tree removal, fence repair, illegal structure removal). The new owner inherits the obligation. Cost impact: Anywhere from $500 (tree pruning) to $80,000+ (demolishing an illegal extension). Ask: "Are there any outstanding council orders or unresolved notices?"
4. Statutory charges
Government charges sitting on the title — unpaid rates, land tax, water bills, emergency services levy arrears. These transfer with the property. Cost impact: Usually adjusted at settlement, but a large arrears bill is a flag the vendor is in distress. Ask: "What's the current charge balance and who's paying it at settlement?"
5. Building work without consent
Item 1.6 area — unapproved structures (pergolas, sheds, carports, second-storey additions). The new owner can be ordered to demolish or regularise (at significant cost). Cost impact: Retrospective approval ranges $2,000–$15,000; demolition orders can run into tens of thousands. Ask: "Has every structure on the site got a current Building Rules consent?"
6. Heritage listing
State Heritage Place, Local Heritage Place, or sitting inside a Historic Area or Character Area Overlay. Demolition is rarely permitted; alterations need heritage-compatible design. Cost impact: Construction premiums of 15–30%, slower approvals, restricted resale market. Ask: "Confirm the heritage tier and what alterations have been refused at this address." See our heritage listing guide for the cost breakdown.
7. Bushfire overlay
Bushfire Attack Level (BAL) zoning — General, Medium, High, or Urban Interface. Triggers AS 3959 construction requirements. Cost impact: BAL-12.5 adds ~5% to build cost; BAL-29 adds 15–25%; BAL-FZ can add 40%+ and double insurance premiums. Ask: "What's the current BAL assessment and have insurers quoted on the address?" See our bushfire overlay guide.
8. Flood overlay
Hazards (Flooding) overlay sets a Flood Planning Level that finished floor levels must exceed. Insurance and lending become harder. Cost impact: Suspended-slab costs $20–40k more than a slab-on-ground; premiums often 2–4× standard. Ask: "What's the FPL and has the slab been certified above it?"
9. Asbestos & lead paint
Any house built before 1990 is presumed to contain asbestos somewhere (sheeting, eaves, vinyl tiles, insulation). Lead paint is standard pre-1970. The vendor doesn't have to remove it but does have to disclose known presence. Cost impact: Removal is $2k–$30k+ depending on extent. Ask: "Is there an asbestos register or recent inspection report?"
10. Outstanding strata / community title fees
For units, townhouses, and group-titled properties — unpaid quarterly levies plus any pending special levies. Cost impact: Special levies for roof replacements, lift upgrades, or balustrade compliance can run $10k–$50k per lot. Ask: "Provide minutes of the last 3 AGMs and the current sinking fund balance."
11. Pending land tax assessment
Land tax is calculated on the unimproved land value as at 30 June each year. The vendor's last assessment is in the Form 1. Cost impact: Land tax in SA is $0 below $755k unimproved value, then scales sharply — a $1.5m site can hit $5k+/year. Catches investors who didn't model it. Ask: "What's the current site value and projected liability for the upcoming year?"
12. Pool / spa compliance
Every pool requires a current Pool Safety Certificate (fencing, gates, latches). Defective fencing transfers to the new owner along with any council notice. Cost impact: Compliant fencing $3k–$8k; council non-compliance fines up to $7,500. Ask: "When was the pool last certified and is there a current compliance certificate?"
How to actually read a 40-page Form 1 in 30 minutes
- Item 1 (Description & encumbrances) — 5 min. This is where easements, encumbrances and unapproved building work live. Read every line.
- Item 2 (Particulars relating to land) — 5 min. Council orders, statutory charges, heritage, planning notices. Skim, but tag anything with a dollar amount or a date.
- Item 3 (Particulars of mortgages, charges) — 2 min. Mostly handled at settlement by your conveyancer.
- Searches attached — 15 min. Council search, water search, planning search, EPA search. Read each one's "any orders/notices?" section. This is where the real surprises hide.
- Title diagram — 3 min. Look for easements drawn on the survey plan. Where do they run? What's affected?
What to ask your conveyancer
Conveyancers charge $400–$900 to review a Form 1. Make them earn it with specific questions:
- "Confirm in writing that no easement runs through the rear yard / proposed extension footprint."
- "Are any of the disclosed encumbrances currently enforceable, or have they expired?"
- "Has every structure on the site got a current Building Rules consent? If not, what's the regularisation cost?"
- "Is there a pending special levy or unresolved council order that we'd inherit?"
- "What's the cooling-off deadline based on when I received the Form 1?"
The cooling-off period
For private treaty sales, you have 2 clear business days from the later of (a) signing the contract or (b) receiving the Form 1, in which you can cancel and recover your deposit (minus $100). It does not apply to auction purchases, or to sales agreed within 3 business days after a passed-in auction.
Tip: If your conveyancer hasn't reviewed the Form 1 inside your cooling-off window, push your agent for an extension or don't waive cooling-off. The Act gives you the time for a reason.
The fastest way to do this
Our Form 1 Red-Flag Checker walks through the 12 items above as a checklist, applies severity weights, and gives you a risk score plus a list of "ask the conveyancer about these" follow-ups. Free, no signup. Use it before you send the Form 1 off for paid review — you'll get more value from the conveyancer's time.
Frequently asked questions
What is a Form 1 in South Australia?
Form 1 is the vendor's statement required under Section 7 of the Land and Business Sale and Conveyancing Act 1994 (SA). It must be served on the purchaser before settlement and discloses easements, encumbrances, council orders, statutory notices, and other matters affecting the property.
When do I receive the Form 1?
For private treaty sales, the vendor must serve a Form 1 at least 10 clear days before settlement (or before the cooling-off period starts, whichever is earlier). For auction, the Form 1 must be available for inspection at the auctioneer's office at least 3 business days before auction — and no cooling-off applies if you buy at auction.
How long is the SA cooling-off period?
2 clear business days from receipt of the Form 1 (or contract, whichever is later). It does not apply to auction purchases or sales made within 3 business days after a passed-in auction.
Can a defective Form 1 void the contract?
Yes. If the Form 1 omits a material matter or contains a serious error, the purchaser may have grounds to terminate the contract and recover the deposit. Get a conveyancer's review before you waive cooling-off — afterward your options narrow significantly.
How much does a Form 1 cost?
The vendor pays the Form 1 preparation fee (typically $400–$700 for residential) and the search fees from each authority. Buyers don't pay for the Form 1 itself, but most spend $400–$900 on a conveyancer to review it. Money well spent.
Decode your Form 1 in plain English
Tick the items present in your Form 1, get a weighted risk score and a list of exactly what to ask your conveyancer about. Free, no signup.
Open the Form 1 Red-Flag Checker →