A new Bill introduced into Queensland Parliament last week is
the first step in the move towards the use of one document for the
sale of residential property - one of the pre-election commitments
made by the LNP to 'reduce real estate red tape' in
The Treasury (Cost of Living) and Other Legislation
Amendment Bill 2012 (Qld) proposes to amend the Building
Act 1975 (Qld) and the Property Agents and Motor Dealers
Act 2000 (Qld) to remove the requirements on sellers of
residential property to prepare and provide a sustainability
declaration before the sale of residential properties.
Here, partner Tracey Rundle and solicitor Lucy Elkins outline
the changes proposed by the Bill.
Key changes proposed
The Bill proposes to:
remove the requirements on a seller to prepare and provide a
sustainability declaration prior to the sale of residential
remove the existing requirements on selling agents in relation
to sustainability declarations.
Sustainability declarations for residential sales
A sustainability declaration is a mandatory checklist which
identifies the property's social sustainability and
environmental features. The law as it currently stands
the seller of a house, unit or townhouse to give to a proposed
buyer a signed sustainability declaration before the buyer enters
into a contract of sale; and
the seller's agent to ensure a sustainability declaration
is available as part of the advertising process, and to have a copy
of the sustainability declaration displayed at open house
If implemented, the changes in the law will apply to all
properties that are advertised for sale at the time the amendments
commence. If a sustainability declaration has been prepared for the
sale of a property, it will not be necessary to continue to make
the sustainability declaration available once the amendments
We will monitor the progress of the Bill through Parliament and
keep you updated.
Many retail leases include a covenant to trade, requiring the tenant to open the premises for trade during certain hours.
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