Selling to someone who is Demolishing

1/17/2018
Written by

Smoke Alarms 
DMIRS Bulletin #78

Smoke alarms in dwellings proposed for demolition
Western Australia’s Building Regulations 2012 require owners of residential dwellings to have compliant smoke alarms installed prior to the sale, transfer of ownership, rent or hire of the dwelling.  
Changes to the Regulations that come into effect on 22 January 2018 provide an exemption for owners who are transferring ownership to a person intending to demolish the dwelling.
This means the current owner of a dwelling that is subject to transfer of ownership may choose not to install smoke alarms if the new owner has provided a declaration of intended demolition to the current owner before the transfer of ownership.
Bulletin can be view HERE

What you need to know: 

Essentially the following will be added to Regulation 56 of the Building Regulations 2012: “It is a defence to a charge of an offence under subregulation (1) for the accused to prove that the person to whom the ownership of the dwelling is transferred gave the accused a declaration of intended demolition for the dwelling before the time of the transfer.”
A definition will be added to Regulation 55: “declaration of intended demolition, in relation to a dwelling the ownership of which is transferred, means a statutory declaration made by the person to whom the ownership is transferred declaring that the person intends to demolish the dwelling within the period of 6 months beginning on the transfer day;”

This is similar to the existing clause regarding RCD’s in the Electricity Regulations:
“It is a defence to a charge of an offence under regulation 13(a) or 14(a) for the person charged to prove that the new owner gave a notice of intended demolition” READ MORE HERE

It is the role of the real estate agent to obtain the Statutory Declaration (Smoke Alarm) and/or Notice (RCD). Typically the Declaration will be included with the Contract of Sale (O&A). In the event they do not, the buyer simply needs to supply a Notice/Statutory Declaration that complies with the Regulations.

Source: 17th January AICWA e-Newsletter

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