Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated 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 copy of the current edition of the certificate of title;
(c) a copy of the deposited plan;
(d) a copy of any encumbrance that is shown on the certificate of title (for example, a restrictive covenant or an easement);
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(e) if there is an encumbrance that is not shown on the certificate of title—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 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
(ii) if there is no registered units plan—a plan showing the proposed location and dimensions of the unit in relation to other units and the common property; and
(iii) the current edition of the certificate of title for the common property;
(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 that period, 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);
(v) for a residence that is a class A unit—the minutes of meetings of the owner's corporation, and the executive committee, held in the 2 years before the day the property was first advertised or offered for sale or listed with an agent;
(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) 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 (an off-the-plan purchase ); and
(b) a pest inspection report is not required for a class A unit; and
(c) 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
(d) 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:
"asbestos advice"—see the Dangerous Substances Act 2004 , section 47J.
"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.
"premises" includes land or a structure and any part of an area of land or a structure.