A residential contract usually requires the Seller to inform or provide the Buyer with a copy of document relating to disputes (if any) between the Seller and neighbouring property owners about trees. For instances:
a) the Seller must give the Buyer copies of any Queensland Civil and Administrative Tribunal (QCAT) applications or orders. If copies are not given before Contract, the Buyer may be able to terminate the Contract at any time before settlement (despite any contract disclosure); b) if the Buyer terminates the Contract in this regards, the Seller may also be liable for the Buyer’s reasonable legal and other expenses after the Buyer signed the Contract; c) if the Buyer completes the purchase and the Seller has not completed all work required in a QCAT tree order not disclosed to the Buyer before contract, the Seller may remain liable to carry out the work after settlement; and d) If there are tree applications or orders affecting the property and they have been given to the Buyer by the Seller before the Buyer enter into the Contract, then the Buyer can be obliged to respond to the QCAT application or complete work specified in an order which has not been completed by the Seller. QCAT search result does not reveal the presence of any applications in relation to trees that have not yet resulted in an order. This application can only be discovered by a physical search of the QCAT register. We recommend the Buyer instruct their respective solicitor to have a search agent conduct this search. The Seller must promptly give the Buyer a copy of any notice, proceeding or order, received after the contract date. The Seller must not give any notice, seek or consent to any order or agreement without the Buyer’s prior written consent after the contract date. Although views from a property are not generally protected by the law, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (hereinafter referred to as the “ND Act”) will, in limited circumstances, provide a property owner with the ability to seek an order from QCAT regarding trees on adjoining land (or on land that would be adjoining but for a road). Where a person’s property is affected by substantial, ongoing and unreasonable interference from a tree on adjoining land, that person may seek orders under the ND Act in relation to the tree (including for compensation or for work to be done to the tree). If the interference is the obstruction of a view, QCAT may only make orders if the tree rises at least 2.5 metres above the ground and the obstruction is a severe obstruction of a view, from a dwelling on the property that existed when the property owner took possession of the property. The ND Act will not provide the Buyer with greater views than what exist when the Buyer takes possession of the property. If the views from the property the Buyer is buying are important to the Buyer, we recommend that, on taking possession of the property, the Buyer make a record (including but not limited to photographs) of the existing views. Without a relevant record, it would be difficult to provide evidence to QCAT about the views that existed at the time the Buyer took possession of the property. Source: The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
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Recent changes to the Fire and Emergency Services Act 1990 require all Queensland houses, town houses and units to install ‘Photoelectric Smoke Alarms’ commencing 1 January 2017. Under updated legislation, photoelectric smoke alarms are required to be interconnected with every other smoke alarm in the following locations:
Given the significance of the change, the Queensland Government has imposed a 10 year phased rollout of legislation to give Queenslanders time to adapt to the new requirements.
New buildings or those undergoing significant renovations will have to be fully complaint with the legislation from 1 January 2017. All houses leased or sold will need to meet compliance within 5 years. Private dwellings will only have to be fully compliant within 10 years. The Queensland government believes the new reforms are leading a life-saving overhaul to the smoke alarm systems. Photoelectric smoke alarms can respond towards a wide range of fires. Further, an interconnected alarm system will alert the resident, no matter which part of the house the fire starts. What does it mean for your home?
What does it mean for a Seller or Landlord?
What does it mean for developers?
Click here to discover how the new legislation can affect you. Click here for a summary of requirements provided by the Queensland Fire and Emergency Services Source: Fire and Emergency Services Act 1990 The Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 Queensland Government Media Statements Queensland Fire and Emergency Services All domestic residences in Queensland must have an approved safety switch installed according to the Electrical Safety Regulation 2013 . It is the seller’s obligation to provide a written disclose on whether an approved safety switch is installed in the property. This disclosure must be provided to the buyer before he/she takes possession of the property. The seller’s written disclosure can be found in the Form 24 Property Transfer as well as the Real Estate Institute of Queensland’s contracts. If you are a buyer purchasing a residential property without an approved safety switch, you have 90 days to install it from the date of possession (the date of possession, in most cases, is the settlement date). If you are purchasing for investment purposes, you may be fined up to $1,500.00 if a safety switch is not installed in your rental property (see Work Cover Queensland ) Please contact us on 1800 367 235 (1800 FOR CEL) or email us at legal@celgroup.com.au if you require any further information in relation to the disclosures required for your property. Source: Work Cover Queensland Electrical Safety Regulation 2013 ByLawyers |
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