We know that from January 1st every seller of a property in Queensland will have to fill in a 2 page Sustainability checklist.
We attended a Department information session today and one thing’s become very clear: this is a Government rush job of mammoth proportions!
On 3 fairly significant issues the Department couldn’t provide an answer – they still haven’t fully digested their own legislation. For example, they couldn’t tell the meeting if you need to mention the body corp pool when you sell your apartment. House yes, apartment “we’ll have to get back to you”.
A building inspector spoke up to advise that his insurers can’t yet confirm if they’ll cover him for completing a Sus Dec. So his industry is not going to be an easy solution for completing the form, at least in the short term.
The Department did make one thing very clear though: if a seller is unsure about an item then they can leave it blank. When asked if that meant all boxes blank could still be a valid form the answer was yes.
There is to be no penalty relating to the form other than for failing to complete one prior to offering the property for sale. And even then we understand it will be up to local governments to enforce….
The Department say the form is to help buyers compare homes and weigh up their sustainability features. It’s an “education and marketing tool”.
And we agree with the sentiment behind that.
What a shame the government didn’t spend the time educating the marketplace and industry before rushing this in. The risk now is the Declaration will become a low-value sheet of process, most of them largely incomplete, and it will lose its real value.
Love to hear your comments.
Tags: Brisbane real estate agents, real estate advertising, selling a house Brisbane, selling an apartment Brisbane, Sustainability Declaration Queensland
Aparently the Government does not subscribe to the old saying that “you catch more flies with honey.” Instead of taking the considered road of education and incentive to achieve their aim, they have instead rushed through this very poorly considered piece of rubbish that threatens owners and agents with major fines if they don’t complete and display a form. This is a form that is so convoluted its impossible to complete with any degree of certainty. I have just finished building a home and with the multiple question parts, there was a good 30 of the 60 questions I could not answer. Some questions are also immaterial, like what is my power bill. My son has me keeping three of his fridges running at home so my electricity bill will have no relevance to the next occupier.
I am also advised the Government won’t collect or collate the form, so all this effort for nothing. But the worst of this is that the boffins have not thought through how this will work in the real world. It comes in on Jan 1st and apparently applies to all existing properties for sale and all listed after Jan 1st. This means that ALL properties currently for sale will have to be withdrawn from sale if a form can’t be filled out in time. The REIQ has advised its members not to help an owner complete the form as the agents PI Insurance won’t cover them. This forum says that building inspectors haven’t be given the OK either. So no one knows how to fill out the form, no one knows who can assist but everyone with a property for sale has 4 weeks to fill one in ..and here is the kicker…..the Government hasn’t finalised the form yet.
This would have to win some sort of award for the most illconsidered bit of bureauracy imposed on Queensland for some time. I understand there is a E-petition on the government web site raised by an MP in Gympie, requesting the thing be scrapped. If you agree then go to http://www.parliament.qld.gov.au/view/EPetitions_QLD/CurrentEPetitions.aspx?LIndex=1
Even though you can leave the form blank the seller still has to put their name, addess and sign it. I foresee a lot of litigious issues for licensees in the near future under the Privacy Policy Act through displaying the form with the sellers name, signature and address on the net or handing out a copy of the form to any Tom, Dick or Sue that asks for it. Scary stuff!!
That’s a good point on privacy Hans and one that was asked of the Department at their briefing yesterday. They advised that an agent could white out the seller’s names on copies provided to buyers – and simply write “seller did complete”. The address field is for the property itself so we’re guessing that has to stay.
The legislatiion has been foistered on us quickly and without any introduction or educational support. Real estate agents, vendors and private sellers are all going to get caught out- this is to be implemented within the next week and a half. Not all agents and sellers will be ready, so should they be fined? Companies are already offering to complete the forms for fees of say $99. Do buyers really get interested in these details of light globes and supposed energy ratings put forward in the form?Buyes in the market place may well not be interested in reading the filled in forms in the overall scheme of making a decision about buying a property.The website http://www.buildingcodes.dip.qld.gov.au is looking for feedback over tje next few weeks to monitor the public’s acceptance of this new legislation.