What Does a South Australia Form 1 Show in 2026?

This guide answers one question: what does a South Australia Form 1 show in 2026? It uses the current authorised Land and Business (Sale and Conveyancing) Act 1994, the Regulations that commenced on 1 September 2025, and Government of South Australia guidance checked on 20 August 2026.

The identify → inquire → disclose → serve → refresh → decide sequence below is Proppi’s editorial framework for turning Form 1 into a reviewable buyer and seller record. It separates source facts, professional analysis, and practical decisions. It is not legal, conveyancing, building, planning, surveying, tax, insurance, or property-specific advice.

What Does a South Australia Form 1 Show?

The Government of South Australia selling guide says Form 1 informs the buyer about cooling-off rights and matters including the certificate of title, mortgages, easements, zoning, and outgoings. The current prescribed form appears in Schedule 1 of the Land and Business (Sale and Conveyancing) Regulations 2025.

Its main parts create a document map:

The Regulations form repeatedly asks whether an item applies, whether it will be discharged or satisfied before or at settlement, and whether supporting attachments exist. That means a useful file must preserve the answer and its source document, not just the checked box.

Which Source Records Sit Behind Form 1?

Section 7 of the Land and Business (Sale and Conveyancing) Act 1994 requires the signed statement to set out the buyer’s section 5 rights and prescribed particulars of mortgages, charges, prescribed encumbrances, transactions affecting the land within the preceding 12 months, and other prescribed matters.

The exact packet depends on the property. Use an evidence matrix rather than a generic upload folder:

If a registered agent acts for the vendor, section 9 requires the prescribed inquiries and certification process. Keep the inquiry sent, the authority response, the agent certificate, and the copy supplied to the vendor. Do not treat a certificate as proof that every possible buyer question was asked.

The current 2025 Regulations replaced the prescribed form and inquiry schedules used under earlier regulations. Consumer and Business Services publishes guidance for references to legislation that has been repealed or substituted. For a 2026 transaction, start with the current authorised form and check the present status of every source, rather than copying an old Form 1 packet forward.

When Must Form 1 Be Served?

Section 7 of the South Australia Act requires the signed statement to be served at least 10 clear days before settlement. That is not the same as saying it can safely wait until 10 days before settlement: the cooling-off period and contract process can make earlier service important.

For many private-treaty sales, section 5 defines the prescribed time by reference to the contract and Form 1 service dates. Broadly, it ends at the earlier of settlement or:

• the end of the second clear business day after the contract was made, when Form 1 was served first; or
• the end of the second clear business day from service, when Form 1 was served after the contract.

There are important exceptions and procedural details. The Government of South Australia buying guide summarises the ordinary period as two clear business days and says Form 1 is a legal document. Preserve:

1. the exact signed Form 1 and every attachment
2. contract date, version, and signing time
3. service recipient, method, address, date, and time
4. email transmission or other delivery evidence
5. cooling-off advice, notice, waiver or certificate, where relevant
6. settlement date and outcome

The 2025 Regulations permit Form 1 and a notice of amendment to be served by email where the address was provided for that purpose, with service taken at transmission. Keep the address-purpose evidence and the sent message with the packet.

What Changes for a South Australia Auction?

The ordinary cooling-off right does not apply to specified auction purchases and related same-day bidding situations under section 5. Section 11 imposes a separate public-availability process.

Where an agent acts, the vendor statement must be available at the agent’s or auctioneer’s office for at least three consecutive business days immediately before the auction and at the auction place for at least 30 minutes before it starts. Keep:

• the statement version displayed or available
• office availability dates and location
• onsite availability start time
• promotional material or other required buyer notice
• bidder registration and auction commencement records
• the signed contract and final result

Do not reuse a private-treaty service checklist for an auction without checking the current South Australia requirements and transaction facts.

What Does Form 1 Not Tell a Buyer?

The Government of South Australia buying guide says Form 1 does not disclose encroachments, building condition except for specified notices, regulatory compliance except for specified notices, or whether measurements shown on the title are accurate.

A South Australia buyer may still need separate:

• building and pest inspections
• planning, development approval, occupancy, heritage, and local-government checks
• current title instruments and survey advice
• South Australia strata corporation records where the property is strata title, or the relevant community-title records where it is not
• contamination, flood, bushfire, services, and insurance enquiries
• finance, valuation, tax, conveyancing, and legal advice

The Government of South Australia inspection guide explains that buyers can arrange building inspections and may make a contract conditional on a satisfactory result. That is a separate due-diligence record, not an attachment that turns Form 1 into a building warranty.

For a broader acquisition process, see the off-market property sourcing guide for Australia and the property buyer due-diligence documents hub.

What If Form 1 Changes Before Settlement?

Section 10 of the South Australia Act requires changes to prescribed particulars before settlement to be handled through an amendment process. The Government of South Australia selling guide says an updated Form 1 must be provided and the buyer receives another two clear business days to cool off.

Treat an amendment as a new versioned event:

1. preserve the original served packet and delivery proof
2. identify the source record that changed and when it became known
3. prepare and sign the amendment using current professional advice
4. serve it through a permitted method and preserve proof
5. calculate the resulting deadline from the law and transaction facts
6. keep the buyer response, contract status, and settlement outcome

Never overwrite the original Form 1 with the amended version. The comparison and service chronology may be the evidence needed to understand the buyer’s position.

How Does South Australia Differ From Victoria and Queensland?

Form 1 is South Australia state law. Victoria uses a Section 32 statement, explained in the Victoria vendor-statement guide. Queensland uses Seller Disclosure Statement Form 2 and prescribed certificates, explained in the Queensland seller-disclosure guide.

New South Wales, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory also have their own sale, contract, title, and disclosure processes. Use the property’s state or territory before selecting a form or describing a buyer right.

Australian Taxation Office rules are separate Australia-wide federal tax matters. They do not set South Australia Form 1 content, service, amendment, or cooling-off rules.

Facts, Synthesis, and Practical Implications

Facts from South Australia authorities

• The current prescribed Form 1 appears in the Regulations that commenced on 1 September 2025.
• Section 7 requires the signed statement at least 10 clear days before settlement.
• The form states cooling-off rights and prescribed property particulars and identifies attachments.
• Auction availability, amendments, and agent inquiries have their own statutory processes.
• Government guidance says Form 1 leaves material building, compliance, encroachment, and measurement questions outside the statement.

Proppi synthesis

The citation-ready Form 1 chain is:

property identity → current inquiries → signed Form 1 → source attachments → service proof → contract timing → amendments → buyer and settlement outcome

Practical implication

Make each statement entry traceable to a dated source and each version traceable to service. Keep seller disclosure, professional analysis, buyer due diligence, cooling-off advice, and the final contract decision as separate records.

That structure fits the property document-management hub, the document-led workflow described in property memory built from source documents, and Proppi for selling agents.

The Short Version

1. South Australia Form 1 states cooling-off rights and prescribed property particulars.
2. Link every applicable entry to the current title, inquiry response, notice, order, charge, or attachment.
3. Keep the signed packet, contract timing, service proof, and settlement date together.
4. Treat auctions, email service, and amendments as separate workflows with their own evidence.
5. Form 1 does not replace building, pest, planning, survey, finance, insurance, or legal due diligence.
6. Use the current 2025 Regulations form rather than carrying an older template into a 2026 sale.
7. Keep South Australia sale law separate from other states and federal Australian Taxation Office rules.

Last reviewed: 20 August 2026. This article is specific to South Australia, Australia, and reports current authorised South Australian legislation and Government of South Australia guidance checked on that date. Confirm current requirements and obtain South Australia property-specific legal, conveyancing, building, planning, surveying, tax, and insurance advice before acting.