The report on the sustainability declaration was performed by using phone market research of 900 property owners and tenants throughout metropolitan and regional Queensland. The survey inquiries selected were mainly attitudinal, with a lot more questions about investment uptake. The survey method adopted recommended consumer research benchmarks and for that reason gives a high level of reliability towards the results.
The Winton Report supplies empirical data to guide Queensland’s required disclosure scheme and the sustainability declaration. It plainly shows the value of this plan since its release. Important conclusions include that:
- Sustainability declarations were obtainable in 92 percent of cases when an investment was made.
- 90 percent of individuals believe that sustainable design and style characteristics increase the value of a property, with 34 percent of persons stating they’d be prepared to settle to 10 % extra for a home having a range of sustainability features
- 85 percent of individuals say they’d be at least ‘quite likely’ to make investments in sustainability attributes should they gained timely guidance
- 71 percent of purchasers have fitted no less than one sustainable design element in their residence since they bought it.
The Winton Report will make it clear that there’s a solid hunger in the neighborhood for any information and facts within the sustainability declaration. Due to the inexpsense related to supplying these records the sustainability declaration provides a practical and useful impetus to enhancing the efficiency of Queensland properties. Copy of the report HERE
If Queensland sustainability declarations on properties for sale are completed with misleading information there could be legal consequences, according to consumer advocate and O’Dwyer and Bradley Solicitors principal Tim O’Dwyer.
“But it would be a brave government to prosecute its first mum and dad sellers for a breach of this legislation,” he said.
In the sustainability declaration legislation introduced from January 1 this year, the Queensland Government states that a buyer cannot cancel a sales contract if information is found to be incorrect because the declaration doesn’t form part of the contract of sale, however if information is misleading or incorrect, the seller may be liable to compensate the buyer for the loss or expense.
But Metrocity Realty manager Kylie Jackson said both agents and vendors are still concerned about the legal repercussions down the track if the declaration is completed incorrectly.
O’Dwyer said the legislation states that there are no adverse consequences for buyers or sellers legally if sustainability declaration forms aren’t completed accurately or fully as far as their contractual terms are concerned, “however a buyer may take action if they relied upon it when signing the contract and later found it was misleading”.
Additionally, agents could be legally liable if they give advice to sellers on what to complete and the buyer later takes action, said O’Dwyer. “A smart agent would give the form to the seller and tell them to go away and fill it in and tell them if they had any questions to see their local government or read the instructions online.”
Now that the Gillard Government has been returned to power, before her team rolls out mandatory sustainability declarations across the nation as discussed in a meeting with the Council of Australian Governments in 2009, they need to choose the right model because currently the Queensland version is a “non-event”, said O’Dwyer.
Disclosure legislation should be modelled on the Australian Capital Territory’s full disclosure model, which includes termite and structural reports, said O’Dwyer.
“Already New South Wales is looking very seriously at full disclosure but Queensland still has its head stuck in the sand.
“This state has a burning need for mandatory disclosure by sellers on issues such as white ant damage, flooding, and whether structures are being approved or even legal, these are the real issues,” said O’Dwyer.
“It would mean more secure sales and more informed buyers.”
Prior to the mandatory legislation rollout of the sustainability declaration, which allowed owners to complete the forms themselves, the initial idea was that vendors would pay an assessor around $300 for an environmental and social sustainability assessment of the energy, water, access and safety of the property, said Jackson.
“So some people rushed out to obtain assessment licenses for around $5000 with an instruction course. I guess they thought it would be a way to cash in on the new legislation,” she said.
But then from January 1 this year, the new legislation rolled out with checklist forms designed for the vendor to complete, and to be made available for display at open homes and on request through the real estate agent.
She said the market for assessors had suddenly fallen flat.
It became mandatory for advertisements to mention where a copy of the sustainability declaration could be obtained, excluding newspaper and magazine advertisements, she said.
While initially designed as a marketing tool for agents and vendors, and increased disclosure for buyers, it’s now turned into a seller and agent’s headache due to the form’s complexity, and as a result a blank form for buyers, said Jackson.
She said that vendors aren’t taking the form seriously. “What’s the point if vendors can leave the form blank and just sign their names? It’s just another unnecessary process for agents and sellers to go through.
“Buyers still aren’t at the stage of buying a property just because it has, for example, insulation or a water tank, it’s still just an added bonus. We don’t receive many requests from buyers to view the declarations at all,” she said.
Real estate agents say southern Queensland homeowners are still confused about how to fill out a sustainability declaration when they are selling their home. Read More…
QUEENSLAND GOVERNMENT REMOVES ACCESS AND SAFETY FEATURES FROM SUSTAINABILITY DECLARATION
Article from http://www.qauhd.org/
The Queensland Government has removed the access and safety features checklist from its mandatory Sustainability Declaration without notice.
The Sustainability Declaration is provided to potential home buyers in Queensland. It is an important strategy to inform and educate home buyers and sellers on the features in the home which make a more sustainable Queensland.
Access and Safety was a key issue in the Queensland Government’s discussion paper ,“Improving Sustainable Housing In Queensland” which informed this all of government initiative.
QAUHD understands that the removal of the access and safety features was in response to the complaints of a small number of self-interested vocal people who found the form as a whole was “too complicated”. There were no specific complaints about the inclusion of features for access and safety.
Those people who are most affected, that is, families of children, older people, and people with disability were not consulted.
This appears to conflict with the Premier’s Q2 commitment to safe and caring communities.
It also questions the Premier’s mission to have a “design-led future for Queensland”.
For comparison of the forms click on the original Sustainability Declaration form (1 December 2009) and the Sustainability Declaration form (4 February 2010) with the access and safety checklist removed. QAUHD’s proposed form with access and safety checklist is here.
To express your concern contact The Premier, Anna Bligh MP at premier@ministerial.qld.gov.au
or
the Minister for Infrastructure and Planning, Stirling Hinchcliffe MP. at infrastructure@ministerial.qld.gov.au
An amendment to the State Penalties Enforcement Regulation 2000 has introduced penalty infringement notices for the following offences in the Property Agents and Motor Dealers Act 2000:
* Section 373C(1) – The seller’s agent must not publish a relevant advertisement for the sale of a residential dwelling unless the advertisement includes information about where a person may obtain a copy of the current sustainability declaration for the dwelling.
* Section 373C(2) – The seller’s agent must not give a person a document advertising the sale of a residential dwelling unless— (a) the person has a copy of the current sustainability declaration for the dwelling; or (b) a copy of the declaration accompanies the document.
* Section 373D(1) – At any time a residential dwelling is generally open to the public for inspection by potential buyers of the dwelling, the seller’s agent must ensure a copy of the current sustainability declaration for the dwelling is conspicuously displayed so anyone entering the dwelling can easily read the declaration.
* Section 373D(2) – If a person enters a residential dwelling to inspect it as a potential buyer of the dwelling, other than at a time mentioned in subsection (1), the seller’s agent must ensure— (a) the person has a copy of the current sustainability declaration before the person enters the dwelling; or (b) a copy of the declaration is readily available for inspection by the person before the person enters the dwelling and the person is advised by the seller’s agent that a copy is available for inspection; or (c) a copy of the declaration is conspicuously displayed at the dwelling so the person can easily read it.
Similarly, penalty infringement notices have been introduced for sellers for the following offences in the Building Act 1975:
* Section 246C(2) – The seller must, before a building is offered for sale or an invitation to buy the building is made by the seller or another person engaged by the seller— (a) prepare or have another person prepare a sustainability declaration for the building; and (b) sign the declaration.
* Section 246F(1) – The seller must not publish a relevant advertisement for the sale of a building unless the advertisement includes information about where a person may obtain a copy of the building’s current sustainability declaration.
* Section 246F(2) – The seller must not give a person a document advertising the sale of a building unless— (a) the person has a copy of the building’s current sustainability declaration; or (b) a copy of the declaration accompanies the document.
* Section 246G(1) -At any time a building is generally open to the public for inspection by potential buyers of the building, the seller must ensure a copy of the building’s current sustainability declaration is conspicuously displayed so anyone entering the building can easily read the declaration.
* Section 246G(2) – If a person enters a building to inspect it as a potential buyer of the building, other than at a time mentioned in subsection (1), the seller must ensure— (a) the person has a copy of the building’s current sustainability declaration before the person enters the building; or (b) a copy of the current sustainability declaration is readily available for inspection by the person before the person enters the building and the person is advised by the seller that a copy is available for inspection; or (c) a copy of the current sustainability declaration is conspicuously displayed at the building so the person can easily read it.
Each penalty infringement notice is valued at two penalty units ($200) and will be enforced by Local Government (for sellers) and the Office of Fair Trading (for agents). Court action may be taken against those who commit more serious breaches, such as refusing to use the form after being warned.
Information on the sustainability declaration can be found here. Please distribute this information to other agents within your office and to your industry colleagues.
For more information, please contact Building Codes Queensland Division, Department of Infrastructure and Planning on 3239 6369 or email
Queenslanders selling their homes can now be fined up to $2,000 if they do not fill out compulsory Sustainability Declarations.
The form outlining a property’s “green credentials” has been compulsory since January 1, but until today the State Government has waived fines for sellers who ignore the requirement.
The Government says the document will raise awareness about the value of sustainability features.
Building Codes Queensland (BCQ) spokesman Glen Brumby says sellers can leave questions on the declaration blank if they do not know the answer.
“Disclosure of energy and water efficiency is something that’s very much on the national agenda and the State Government has put our regime in place,” he said.
“I think it will attract a great deal of interest over time when people realise the benefit of it.
“Most of the answers are very straightforward, the form has been updated and simplified.”
Real Estate Institute of Queensland (REIQ) spokesman Dan Molloy says house advertisements now have to include information about the property’s sustainability declaration.
“I think there’s a high level of compliance with the requirements,” he said.
Real estate agents can be fined up to $10,000 if they do not comply with the legislation.
By Emma Pollard ABC News
Simplified Sustainability Declaration Now Available
The Department of Infrastructure and Planning released the revised and substantially shortened version of the sustainability declaration on January 4th 2010.
The REIQ has worked with the government on the form’s redevelopment and is pleased it is now available for use.
The new version should be used for all residential properties listed for sale from today. All properties that have the initial version of the sustainability declaration completed are still valid.
The simplified form should eliminate any need for engaging external consultants to complete the declaration thereby reducing any further cost impediments to selling a home.
Members are reminded that while there is a moratorium on on-the-spot fines until 1 March, it remains a legislative requirement that a sustainability declaration is completed for every residential property being marketed for sale in Queensland.
The new sustainability declaration can be viewed and downloaded here.
To view the Minister’s press release click here.
A flow chart from the REIQ showing where the Sustainability Declaration form needs to be displayed in advertising mediums and open homes etc.
Interesting reading rules and regulations pertaining to the Sustainability Declaration
e.g. page 6
The sustainability declaration is not intended to complicate the sale of a home. Section 246J
provides that the buyer has no right to terminate a contract of sale for incomplete, false or
misleading information in a sustainability declaration.
(From Qld Government Department of Infrastructure and Planning)
To whom it may concern
This email is to notify all real estate agents about the introduction of the mandatory sustainability declaration from1 January 2010. This correspondence follows on from the 10 free information sessions that were held across Queensland from 23 November to 3 December 2009 for real estate agents and other industry stakeholders about the new sustainability declaration requirements and other building matters.
On 12 November 2009, the Building and Other Legislation Amendment Act 2009 was passed by the Queensland Parliament. This Act includes requirements for the mandatory completion of a sustainability declaration from1 January 2010 before a house, townhouse or unit is marketed for sale.
Climate change is one of the most significant challenges facing our environment and our future. As just one of a range of measures to act now on the impacts of climate change, the Queensland Government has introduced the sustainability declaration. The declaration will play an important role in promoting more sustainable homes.
The declaration is a checklist that identifies a dwelling’s sustainability features. It must be completed by the seller prior to marketing a house, townhouse or unit from 1 January 2010. If a person completing the form is unsure of an answer to a question, they can simply leave that section blank. The declaration ensures that sellers and buyers consider these features as part of their choices when buying or selling a home.
There is a ‘how to complete’ reference guide and fact sheet available on the Department of Infrastructure and Planning’s website www.dip.qld.gov.au As there is no need to answer all the questions, a seller does not need to engage a qualified trades person or other professional to assist with completion of this form. There is also no obligation for a seller’s real estate agent to complete any aspect of the declaration.
Homes with more sustainability features are cheaper to run and more energy efficient. They use less energy for heating and cooling, generate lower greenhouse gas emissions and are more comfortable. Research shows that the majority of people believe that homes with more sustainability features are worth more. Increasing interest in environmentally friendly homes is inspiring more homeowners to make improvements, not only to make their homes more comfortable and less costly to run, but also to make them more valuable, while passing on the environmental benefits to potential buyers and future generations.
A declaration will be required for all houses, townhouses and units for sale after 1 January 2010. On-the-spot fines for failing to sign or use the declaration to market a property are proposed to begin on 1 March 2010. This grace period will allow time for users to familiarise themselves with the form and provide feedback to the Department of Infrastructure and Planning about its practical application.
For your information, a copy of the sustainability declaration, fact sheet and reference guide to assist homeowners to complete the sustainability declaration can be found here. You are encouraged to distribute this information to agents within your offices and to your industry colleagues.
I trust this information is of assistance. If you require any further information or have ideas and suggestions to improve the sustainability declaration and support material, please contact Building Codes Queensland Division, Department of Infrastructure and Planning on 3239 6369 or email buildingcodes@dip.qld.gov.au.
Download the Sustainability Declaration
Form and info Here
*Download the Online Editable Form HERE for a more professional look and finish
- News -
Winton Report Home Buyer Survey
Simplified Sustainability Declaration form
Mr Stirling Hinchcliffe”s Press Release
-Other information of Interest-
Should The Sustainability Declaration Be Scrapped?
REIQ Stacey Holt & Kevin Turner Interview
Sustainability Declaration Agent Flow Chart
The Sustainability Declaration is a mandatory checklist that must be completed by the home seller (vendor) when selling a house, townhouse or unit. It will be required from beginning of January 2010 as part of the sale.
Properties that have a greater number of sustainability features use less energy for heating and cooling, generate fewer greenhouse gas emissions, use less water—and best of all, are more comfortable to live in. They also can have lower operating costs and be more energy and water efficient.
Sustainability features such as access and safety also mean that the property will be suitable for owners during their various life stages and will reduce the need for costly future upgrades.
The checklist will identify the property’s social sustainability and environmental features in four key areas:
- energy
- water
- safety
- access.
It will increase the awareness and marketability of the dwelling’s sustainable building features and will act as an incentive to improve the sustainability performance of Queensland’s 1.6 million existing homes.
For those homeowners who have already taken steps to improve the sustainability of their property, this means that the environmental, social and financial benefits of those features can be recognised when the property is on the market.
Who should complete a Sustainability Declaration?
The declaration is designed to be completed by the property owner or a delegated individual. If an owner is unable to complete the form, they can seek help from another person to complete it on their behalf as long as the owner signs it. Where an owner cannot sign the form, a person authorised under a power of attorney or other statutory power may sign the form.
Further information on the Sustainability Declaration
For further information or assistance in completing the Sustainability Declaration, refer to the fact sheet or visit
Sustainabilty Declaration E-Petition-closed
Leave your thoughts and comments below about the Sustainability Declaration.
The Sustainability Declaration is a mandatory checklist that must be completed by the home seller (vendor) when selling a house, townhouse or unit. It will be required from beginning of January 2010 as part of the sale.
Properties that have a greater number of sustainability features use less energy for heating and cooling, generate fewer greenhouse gas emissions, use less water—and best of all, are more comfortable to live in. They also can have lower operating costs and be more energy and water efficient.
Sustainability features such as access and safety also mean that the property will be suitable for owners during their various life stages and will reduce the need for costly future upgrades.
The checklist will identify the property’s social sustainability and environmental features in four key areas:
- energy
- water
- safety
- access.
It will increase the awareness and marketability of the dwelling’s sustainable building features and will act as an incentive to improve the sustainability performance of Queensland’s 1.6 million existing homes.
For those homeowners who have already taken steps to improve the sustainability of their property, this means that the environmental, social and financial benefits of those features can be recognised when the property is on the market.
Who should complete a Sustainability Declaration?
The declaration is designed to be completed by the property owner or a delegated individual. If an owner is unable to complete the form, they can seek help from another person to complete it on their behalf as long as the owner signs it. Where an owner cannot sign the form, a person authorised under a power of attorney or other statutory power may sign the form.
