Flood Risks And Property: What Every Buyer Needs to Know
- RHC Solicitors
- 4 days ago
- 4 min read
When you're buying residential property in Queensland, it's easy to get swept up in inspections, contract conditions and finance approvals. But one search that usually gets overlooked, and often shouldn't, is the flood search.
Flooding is a real risk in many parts of Queensland, and the last thing you want is to find out your dream home is in a flood-prone area after you've bought the contract
Where possible, we help buyers take a proactive approach to their due diligence before they've even signed the contract, and offer free resources to help buyers in their property journey. Here's what you need to know about flood searches and why they matter.
In This Article:
What Is A Flood Search?
A flood search is a specific search conducted through the local council or other authorities to determine:
Whether the property has previously been affected by flooding
The risk of future flooding (including river, overland flow and storm tide flooding)
Flood levels, types of flood risk and relevant mapping or modelling
Why Are Flood Searches Important?
In Queensland, properties can be affected by different types of flooding depending on geography, drainage systems and climate.
Without a proper flood search, you could be buying a property that:
has a history of flood damage
is difficult or expensive to insure
may face building restrictions or require elevated construction
could be harder to resell in the future
Are Flood Searches Included In Standard Residential Searches?
Flood searches are not always included in standard searches, and they aren't currently compulsory under the standard REIQ contract terms. That means it is up to the buyer to request them. For clients who get a contract review prior to execution, your solicitor should be considering the area, and provide further information and recommendation to ensure you understand any risks.
If you hold concerns about a property's flood risk, or are aware of previous flooding in the area you are looking to purchase in, we always recommend performing a flood search for your peace of mind, and to get a more complete picture of the risks to the property.
For this reason, we recommend flood searches for nearly all Queensland residential purchases, especially in areas near creeks, rivers or low-lying suburbs with a known flood history.
Can a Flood Search Affect The Contract?
The answer to whether a flood search will impact the contract will depend on the terms of the contract, whether proper disclosure had been made by the seller, and at what stage of the transaction you are at.
If you perform a flood search during any cooling off period, and are not satisfied with the results, you will generally be able to terminate under cooling off.
If you have a special condition relating to due diligence or flood enquiries, and have not satisfied or waived the benefit of such clause, and the clause gives the buyer termination rights, you will be able to validly terminate the contract.
If you discover flood risks after going unconditional (satisfying all conditions) it may be too late to terminate the contract without penalty.
If you hold concerns over flooding risks, it's important to:
Order searches early, ideally during the cooling-off period
Include a special condition regarding due diligence enquiries
Engage a lawyer as soon in the process as possible so they can assist with search enquiries, and can exercise and protect your rights if needed.
At RHC, our dedicated property law team can help draft appropriate special conditions that give you the flexibility to withdraw if the flood search reveals significant risk. Don't hesitate to contact us to discuss our contract preparation service, and how our lawyers can help.
What Can You Do If The Property Is Flood-Affected Or At Risk?
Assuming you are in a position where you can validly terminate the contract, we always recommend that, if you are not satisfied with the results of a flood search, you consider terminating.
However, it's important to remember that a flood search doesn’t automatically mean you should walk away, but it may prompt further investigation to ensure you understand the nature and extent of any risk or damage.
You may want to:
ensure a building and pest inspection addresses any past water damage
contact your insurer to discuss premiums and coverage
speak with a town planner about development restrictions
Ultimately, it is up to you as the buyer to ensure you are satisfied with the property, and are happy to proceed. As lawyers, we cannot tell you what to do, but can advise of your rights and risks to ensure you are making an informed decision.
How To Check Flood Risks
Even before engaging your solicitor, signing a contract or performing a flood search, you can do some basic enquiries to get a idea of the property’s flood risk:
Use The Local Council's Flood Map Tools
Many Queensland councils (like Brisbane, Gold Coast, and Logan) provide free online maps showing flood-prone areas. Access them know through our conveyancing help centre.
Talk To Locals
Individuals who already live in the area can often provide firsthand insights into past flooding events or drainage issues.
Physically Inspect The Land
Look for signs like watermarks on fences, musty smells, or sloping blocks that may direct water toward the house. This is one of the biggest dangers of purchasing 'sight-unseen'.
These early steps don't replace a more thorough flood search, but they can help you decide whether the property is worth pursuing or whether any special conditions should be included in the contract.
Buy Property Smarter With RHC Solicitors
A flood search is just one part of a thorough property investigation, but it's an important one in Queensland. Let our conveyancing team help you buy with confidence, by ensuring all the necessary searches are carried out and all the risks are explained in simple language.
Contact RHC Solicitors today to speak with our conveyancing team and take the stress out of buying property.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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