This information has been provided by
Australian Conveyancing Services and is applicable in Queensland only.
Introduction
Legislation in Queensland has made it compulsory
for all homes
built before July 1997 to have a compliant smoke alarm installed (smoke alarms were already a legal requirement for
homes built after 1997).
Obligations on the Seller
The practical effect on the Seller is you are obliged to ensure
the house or unit you are selling has compliant smoke alarms
installed at the time of making the Contract or at least ensure it is done
prior to settlement.
Minimum legal requirements state a smoke alarm, at least with a nine
volt battery be installed on or near the ceiling on all levels of a
building. Further information on the types of smoke alarms available
and where to install them is available at the Queensland Fire and Rescue
Service website at www.fire.qld.gov.au.
The Seller must also advise the Buyer in writing that the compliant
alarms are installed. The REIQ Contract includes this statement. You will need to tick the relevant box whether the smoke alarm is installed or not. Alternatively you can:
insert a statement into the special
conditions section of your Contract that “a Compliant Smoke Alarm,
as required under the Fire and Rescue Service Legislation, is
installed”, or
if the Contract is already formed
insert a statement in your first letters to the Buyer or Buyer's
solicitors.
The Seller cannot contract out of
their obligation to install the smoke alarms.
In the event smoke alarms are not installed or you fail to
inform the purchaser one is not installed, you risk a fine of up
to $375.00.
The Rights of the Buyer
Any house or unit/townhouse you contract to
purchase must have compliant smoke alarms installed prior to
settlement. This has to be done by the Seller at their cost.
For more information on what needs to be done visit the Queensland
Fire and Rescue Service website at www.fire.qld.gov.au.
The Seller must also disclose to the Buyer that compliant alarms
are installed. If you are using a REIQ Contract, the Seller will have checked the
relevant section to state whether an alarm is installed in the property.
NOTE:
The Seller cannot contract out of their obligation to have smoke
alarm(s) installed.
If you as Buyer do not obtain this disclosure in writing you should
ensure you follow this up with the Seller, as this may have
serious implications for you if a smoke alarm is not installed by the
settlement date. If you are not informed or alternatively informed
the building does not comply with the smoke alarm regulations and
you proceed to settle the Contract regardless, the legal obligation to
install the appropriate smoke alarm will fall to the Purchaser upon
completion of the Contract. In the event that smoke alarms are not installed you risk a fine of up
to $375.00.
