Sustainability Declaration

SUSTAINABILITY DECLARATION 

The Building and Other Legislation Amendment Act 2009 (QLD) (“Act”) has introduced a number of changes to both the Building Act 1975 (QLD) (“Building Act”) and the Property Agents and Motor Dealers Act 2000 (QLD) (“PAMD Act”). The provisions regarding sustainability declarations will commence from 1 January 2010.

The provisions of the Act apply to a seller of a class 1a or 2 building (ie townhouse, house, unit) who proposes to sell, or invite an offer to buy the building or engage another person to sell or invite an offer to buy the building. Before doing so, the seller must prepare (or have prepared) and sign, a sustainability declaration, which has been implemented to inform buyers about the sustainability features of a property and increase community awareness of the value of such features.

Although another person may complete the sustainability declaration, it appears from the Act that the seller must personally sign the sustainability declaration unless they have authorised another person to do so by way of Power of Attorney. The requirement to prepare the sustainability declaration obliges the person to complete the declaration only to the best of that person’s knowledge and ability.

The Act sets out a number of requirements regarding the placement of the sustainability declaration for house inspections and advertising, and sets out penalties for non-compliance. Although the failure to comply with the Act will not give the buyer a right to terminate the contract, the buyer may seek compensation from the seller for a misleading statement.

The changes to the PAMD Act have been implemented to place on a selling agent the same obligation to provide a sustainability declaration whilst advertising a property or showing a property to the public, as are imposed on the seller pursuant to the changes to the Building Act.

We attach for your information a Sustainability Declaration Form, Facts sheet and Reference Guide, which are all freely available at www.dip.qld.gov.au.

Should you have any queries, please do not hesitate to contact our office.

SPG SUSTAINABILITY DECLARATION REF GUIDE.pdf