What is a sustainability declaration?
A sustainability declaration is a compulsory
checklist that must be completed by the seller
when selling a house, townhouse (class 1a
buildings) or unit (class 2 building) from 1
January 2010.
The declaration will inform buyers about the
sustainability features of a property and
increase community awareness of the value of
such features.
The declaration identifies the dwelling’s
environmental and social sustainability
features in four key areas:
• energy
• water
• access
• safety.
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Is the sustainability declaration related to
the contract of sale?
No. The declaration does not form part of the
contract of sale.
Do advertisements need to refer to the
sustainability declaration?
Yes. Under the new legislation, from 1 January
2010 real estate agents and private sellers
cannot publish an advertisement for the sale of
the property unless the advertisement includes
information about where a copy of the
sustainability declaration can be obtained.
This requirement excludes advertisements
published in newspapers and magazines, or
signs that are not designed to specifically
advertise the sale of a particular property (e.g.
a generic ‘for sale’ sign).
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What are the requirements for making the
sustainability declaration available?
During the period that the property is on the
market, certain requirements exist for making
the sustainability declaration available:
• advertisements (excluding newspapers,
magazines and non-property specific
signs) must not be published unless they
declare the location the sustainability
declaration can be obtained from.
• if requested, the sustainability declaration
must be made available to a prospective
buyer.
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Will the declaration be required at open
inspections?
Yes. Whenever the home that is for sale is open
to the public for inspection, the seller must
ensure a copy of the sustainability declaration is
visibly displayed at the site or in the dwelling.
The seller’s agent is not obliged to provide a
copy of the sustainability declaration to every
prospective purchaser in this instance if
requested.
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Why is this being introduced?
There is growing concern about the impacts of
climate change and the need to improve existing
housing stock. Encouraging prospective buyers
to make informed choices about the
sustainability performance of residential
buildings is becoming increasingly important.
Properties with a greater number of
sustainability features potentially have lower
energy costs and use less water. They can also
be more comfortable to live in and generate
fewer greenhouse gas emissions. Homes with
access features may be more liveable for
occupants during their various life stages and
the inclusion of safety features can reduce
potential risks around the home.
The declaration aims to increase awareness
about sustainable housing features when a
property is marketed for sale. It also promotes
possible ongoing financial and environmental
benefits that could be achieved with specific
features. It is anticipated that the declaration will
help promote the sustainability of a home and
become a key marketing tool for real estate
agents and private sellers.
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Where can I get a copy of the sustainability
declaration?
You may view the Sustainability Declaration as a web page
or as a PDF (if you have a PDF reader on your computer.)
Sustainability declaration as a PDF 260KB.
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Who can complete the sustainability
declaration?
The declaration is a simple, self-assessable
checklist that can be completed by a property
owner. However, 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.
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I need help completing the declaration. Is a
guideline available?
A guideline to assist with completing the
sustainability declaration will be available on
the Department of Infrastructure and Planning’s
website in the near future.
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What could happen if the information on the
declaration was false or misleading?
If a buyer purchased a home and the
sustainability declaration was found to be false
or misleading or prepared without reasonable
skill and care, the seller may be liable to
compensate the buyer for the loss or expense
(for example, where a seller claims that ceiling
insulation is installed and it is not).
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Could a buyer terminate a contract if the
declaration is incorrect?
No. The buyer would not be able to terminate a
contract on the basis of information contained in
the sustainability declaration as the declaration
does not form part of the contract of sale.
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How does this affect rental properties?
A sustainability declaration is not required when
a new lease is signed for rental properties.
However, if a rental property is being sold, a
sustainability declaration will still need to be
completed.
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What if I need to amend the declaration?
If the home has been upgraded during the
marketing period or the seller recognises that the
declaration has been incorrectly completed, the
declaration should be amended or replaced. The
seller should initial and date the change on the
original form, or alternatively prepare and sign a
replacement declaration.
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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.
More on "Who needs a Sustainability Declaration".
For further information
Department of Infrastructure and Planning
PO Box 15009 City East Qld 4002
tel + 61 7 3239 6369
fax + 61 7 3237 1248
buildingcodes@dip.qld.gov.au
www.dip.qld.gov.au
Disclaimer
This fact sheet is not a comprehensive statement of the law. The
laws referred to can be complex and various qualifications may
apply to the provisions in different circumstances.
You are encouraged to obtain independent legal advice if you are
unsure if the laws apply to your situation.