Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) For this part, the "required documents", in relation to a sale of residential property, are a copy of the proposed contract for the sale of the property (other than the excluded particulars) including the following documents:
(a) a copy of the Crown lease;
(b) a current certified extract from the land titles register showing all interests affecting the property;
(c) a copy of the deposited plan;
(d) a copy of any encumbrance that is shown in the land titles register (for example, a restrictive covenant or an easement);
(e) if there is an encumbrance that is not shown in the land titles register—a statement about the encumbrance that complies with the requirements (if any) prescribed under the regulations;
(f) a copy of the lease conveyancing inquiry documents for the property;
(g) for a unit, a copy of—
(i) if there is a registered units plan—
(A) the registered units plan; and
(B) a unit title sale certificate for the unit dated not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent; and
Note A person who enters into a contract for sale of a unit may ask the owners corporation for a unit title sale update certificate (see Unit Titles (Management) Act 2011
, s 119 (1) (b)).
(C) if the owners corporation for the units plan is a party to a building management statement under the Land Titles Act 1925
, section 123E (1)—the building management statement; and
(D) if the land titles register includes 1 or more entries in relation to alternative rules of the owners corporation—a certified extract from the register of the compilation of the alternative rules registered under the Land Titles (Unit Titles) Act 1970
, section 27 or section 27A; and
(ii) if there is no registered units plan—the disclosure statement required under the Civil Law (Property) Act 2006
, section 260; and
(iii) a current certified extract from the land titles register showing all interests affecting the common property; and
(iv) if the unit is an adaptable housing dwelling—the documents prescribed by regulation;
(h) for each residence covered by the proposed contract, a copy of each of the following:
(i) the building conveyancing inquiry documents for the residence;
(ii) the energy efficiency rating statement (if any) required under section 23;
(iii) a building and compliance inspection report from an inspection carried out not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent (and, if the seller has obtained 2 or more reports in the 6 months before that date, each report);
(iv) if the residence has been occupied—a pest inspection report from an inspection carried out not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent (and, if the seller has obtained 2 or more reports in the 6 months before that date, each report);
(i) if there are premises covered by the proposed contract and there is a current asbestos assessment report for the premises (or some or all of them)—a copy of each current asbestos assessment report;
(j) if there are premises covered by the proposed contract, but there is no current asbestos assessment report for the premises (or any of them), or, if a current asbestos assessment report for the premises (or any of them) exists but the seller cannot, after taking reasonable steps, find or get the report—an asbestos advice;
(k) if there are premises covered by the proposed contract, or common property associated with the premises, on which a regulated swimming pool is located—the documents prescribed by regulation;
(l) any other document prescribed by regulation.
(2) However—
(a) the building conveyancing inquiry documents and building and compliance inspection report are not required for—
(i) a class A unit; or
(ii) a residence that has not previously been occupied or sold as a dwelling; or
(iii) a residence that is to be erected or developed before completion of the sale; and
(b) a document mentioned in subsection (1) (g) (iv) is not required for a unit that is a residence mentioned in paragraph (a) (iii); and
(c) a pest inspection report is not required for a class A unit; and
(d) a document mentioned in subsection (1) is not required if the seller cannot obtain the document after taking all reasonable steps to obtain it; and
(e) for a sale of vacant land under a developer's holding lease, the "required documents" are—
(i) a copy of the holding lease; and
(ii) a copy of the development conditions or, if they are not finalised, the draft development conditions for the lease.
(3) The statement and reports mentioned in subsection (1) (h) (iii) and (iv) must have been prepared by someone who—
(a) is not—
(i) a family member of the seller (or the seller's agent or lawyer); or
(ii) a member of a firm that the seller (or the seller's agent or lawyer), or a family member of the seller (or the seller's agent or lawyer), is a member of; or
(iii) someone else carrying on a business if the seller (or the seller's agent or lawyer), or a family member of the seller (or the seller's agent or lawyer), has a direct or indirect right to participate in the profits of the business; and
(b) has the professional indemnity insurance (if any) required by regulation.
(4) In this section:
"alternative rules"—see the Unit Titles (Management) Act 2011
, dictionary.
"asbestos advice" means an advice prepared under the Dangerous Substances Act 2004
, section 47M.
"asbestos assessment report", for premises—see the Dangerous Substances Act 2004
, section 47K.
"current" asbestos assessment report , for premises, means an asbestos assessment report for the premises if the premises have not been changed, since the report was made, in a way that would affect the accuracy of the report.
"excluded particulars", in relation to a proposed contract for the sale of residential property, means—
(a) the name and address of, and contact details for, the buyer; and
(b) the name and address of, and contact details for, the buyer's lawyer; and
(c) the purchase price; and
(d) the date of the contract; and
(e) a description of any furnishings or goods to be included in the sale of the property.
"owners corporation", for a units plan—see the Unit Titles (Management) Act 2011
, dictionary.
"premises" includes land or a structure and any part of an area of land or a structure.
"regulated swimming pool"—see the Building Act 2004
, section 83B (1).