Australian Capital Territory Numbered Regulations

CIVIL LAW (SALE OF RESIDENTIAL PROPERTY) REGULATIONS 2004 (NO 25 OF 2004) - REG 7

    (1)     A building and compliance inspection report must be completed in accordance with AS 4349.1.

    (2)     The report must state in a prominent place the date of the inspection and the date the report was prepared.

    (3)     The report must—

        (a)     state the policy number and expiry date of the professional indemnity insurance policy that covers the person who prepared the report; or

        (b)     be accompanied by a copy of a certificate of currency for the policy given by the insurer that includes the policy's expiry date.

    (4)     The report must include statements to the effect that—

        (a)     within 7 days after the day the report is prepared, the following information will be given to the Territory for inclusion in a publicly available register:

              (i)     the fact that the report has been prepared;

              (ii)     the street address of the property;

              (iii)     the inspection date stated in the report;

              (iv)     the name of the person who prepared the report;

              (v)     if the person who prepared the report did so as an employee or agent of another entity—the name and contact details of the other entity; and

        (b)     the person who prepared the report, or the other entity, may give a copy of it, on payment of a reasonable charge, to a person who has entered into a contract to buy the property; and

        (c)     no reliance may be placed on the report for any contract entered into more than 180 days after the date of the inspection.

    (5)     The report must set out the circumstances in which reliance may be placed on the report.

    (6)     For subregulation (1), AS 4349.1 is taken to be modified as follows:

        (a)     in clause 3.4.1, insert the following new paragraph (e):

        (e)     The report is not required to contain an assessment of the property in relation to cosmetic or minor maintenance matters.

Examples of cosmetic or minor maintenance matters

    1     leaking taps

    2     exposed nail heads

    3     peeling paint

        (b)     omit clause 4.

    (7)     In this regulation:

AS 4349.1 means the Australian Standard AS 4349.1-1995 (Inspections of buildings – Property inspections – Residential buildings) as in force from time to time.

Note     This standard may be obtained on the internet at the web site www.standards.com.au.

"building permit" means a building permit issued under the Building Act 1972 .

"structure"—see the Building Act 2004 , section 8.