Sustainability Declaration!
JUST over a month before Christmas and without any consultation with the real estate industry, the State Government brought in new legislation making it mandatory for every residential property in Queensland on the market or coming on the market after the 1st of January 2010 to have a two page fifty six point Sustainability Declaration in place.
The declaration form is a series of questions on the number and type of energy, water use, disabled or impaired access, pool and electrical safety, smoke alarm features etc.
The obligation to complete the form rests with the property owner and incorrect information can attract a $2,000 fine.
Whilst the form can be completed by another party, agents have been warned by the Real Estate Institute of Queensland not to assist the property owner due to risk exposure – more crazy potential litigation!
Oh yes, and more stupidity – if an owner doesn’t know the answers to questions they can leave the form blank, sign it, and it’s still completely legal!
Regardless of that, in the event an agency listed or maintained an existing listing without a declaration or without stating availability on all displays, signs and making the declaration available at open houses and auctions, the agency could be fined $10,000!
As is often the case with governments and authorities these days “act first and make it work later” seems to have been the process used, as after pressure from the industry, a moratorium on fines is now in place until the 1st of march 2010.
So effectively residential property owners have until then to ensure the Sustainability Declaration is made available to any agency listing their property for sale.
Whilst it’s even more red tape, the intent of the declaration is to provide incentive to make homes more energy efficient and ultimately more desirable when available for sale.
Instead of the - No consultation - Government knows best - big stick approach - it’s just a pity that governments and authorities don’t work with, and for those, they are there to serve.
John Taylor
Montville Real Estate 200 Main St,Montville Phone 5478 5478
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