The Law in the ACT

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New legislation has been introduced into the ACT and as of 1 July 2004, before you can even offer or advertise your property for sale you must have a comprehensive package of information about your property.  Prior to this new legislation a buyer would engage an inspection company of their choice to obtain their own pre-purchase inspection reports.  Under the new legislation the following will be provided from a seller to a buyer.

• A building & compliance inspection report to provide information about the structural soundness of the property and information about whether structures on the land have been approved under the relevant legislation.
• A timber pest inspection report to provide information about whether the property is affected by termites and other timber-destroying pests.
• An energy efficiency rating statement to provide information about the energy consumption and efficiency of the property.
• Copies of certificates and plans from a building conveyancing inquiry that must be attached to the contract of sale:
  • certificate of occupancy
  • survey certificate
  • approved building plans
  • drainage plan
  • a building file summary sheet.

All of the above documents must be provided to your solicitor and attached to a contract of sale prior to your property being advertised or listed for sale.

The seller will be reimbursed by the buyer for the cost of the building inspection, pest inspection & compliance inspection.  The energy rating statement and the government charges are not reimbursable.

    Civil Law (sale of residential property) Act 2003