January 5th, 2009

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 http://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.

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For further information on the Sustainability Declaration (SD Form) or if you wish to book the services of a consultant to prepare your SD Form visit http://www.sdqld.com.au or contact info@sdqld.com.au

Friday, December 11, 2009

Queensland home owners and real estate agents won’t face fines while a revised Sustainability Declaration form is developed in consultation with industry, Minister for Infrastructure and Planning Minister Stirling Hinchliffe said today.

Mr Hinchliffe said on-the-spot fines for failing to sign or use the Declaration to market a property would begin on March 1, instead on January 1, which would allow time for Building Codes Queensland to develop a simpler, more user friendly form in consultation with industry.

He said the grace period would allow more time for consultation with industry representatives about a new declaration form without fear of financial penalty.

“I’ve listened to community and industry feedback about filling out the form listing a home’s sustainability features,” Mr Hinchliffe said.

“While the existing form still needs to be completed by anyone selling a house or unit from 1 January, on-the-spot fines won’t kick in until 1 March.

“We want homeowners to know all they have to do is fill out the form to the best of their ability.

“If you don’t know the answer to a question then leave it blank. You won’t be penalised for failing to complete a question.

“Court action can still be taken against those who commit more serious breaches, such as where sellers or agents refuse to use the form after being warned.”

The Sustainability Declaration allows owners to list their home’s energy, water, access and safety features.

“Just as many people look at fuel economy and ongoing running costs when buying a car, sustainability features should be an important consideration for prospective homeowners,’’ Mr Hinchliffe said.

“Prospective purchasers will be able to get an indication of the ongoing water and electricity savings that could be achieved by certain features, including energy-efficient lighting and insulation.

“This is an important step that will help potential buyers to consider the operating costs of homes and over time it will help Queenslanders to reduce the state’s carbon emissions.’’

Mr Hinchliffe said the current version of the form and a quick reference guide were available at http://www.dip.qld,.gov.au.

“Community feedback taken at 10 community roadshows throughout the state will also be taken into consideration as we refine the declaration form to ensure it’s simpler to use,’’ Mr Hinchliffe said.

Media contact: 0417 815 223

Me too, so I guess there’s hope for everyone, good to see you also know when it’s there, suck it up and get back on the horse.

Well done as always mate,

Glenn Twiddle
Real Estate Training

Jason Bond