Qld Sellers : Sustainability declaration required from 1 January 2010

From 1 January 2010 all Sellers of Queensland Houses and Units/Townhouses must complete a sustainability declaration before listing their House or Unit/Townhouse. A sustainability declaration is a declaration provided by the Seller which informs the Buyer about the sustainability features of a property in four key areas:

1. energy;
2. water;
3. access; and
4. safety.

The declaration must be available for prospective Buyers to see, and be provided to the final Buyer. Sellers who listed prior to 01/01/10 but whose property is still not sold will also need to complete the Sustainability Declaration.

Key features include:

1. Sellers need to advise potential Buyers of the availability of the Declaration in advertising (there are some exceptions).
2. Sellers need to display the Sustainability Declaration at open houses.
3. There is a penalty of up to $2,000 for non-compliance which can be imposed by the local authority (but the Buyer cannot terminate the Contract).
4. A Seller who does not complete or falsely completes a Sustainability Declaration may be liable to a Buyer for any loss/expense incurred by the Buyer as a result.

The Quicklaw DIY conveyancing service for Qld sellers and buyers contains a full description of what is required, along with the Sustainability declaration and instructions on how to complete it. To purchase the Quicklaw conveyance service click here.