For those who are selling their home in Queensland – whether with assistance of an estate agent or by listing their property as for sale by owner – January 2010 saw the introduction of a new, and crucial, piece of paperwork that home owners must complete in order for their property transaction to be finalized.

In an age when everyone is striving to do their best for the environment the Sustainability Declaration Form has been introduced in Queensland to provide home buyers with an accurate picture of any sustainability features their new home possesses. This form has to be completed by anyone selling a house, townhouse (class 1 building) or a unit (class 2 building) in Queensland.

Why was this new form introduced?

The government hopes to raise awareness about the value of energy savings fixtures and fittings in Queensland homes and the ides is that for sale by owner sellers can showcase the features their home might have and possibly use that as a valuable marketing tool.

Why is This Sustainability Declaration Big News?

As of January 2010 all homes for sale in Queensland cannot be advertised on the Internet, in an estate agent's window or in brochures handed out to the public – either by an estate agent or an FSBO seller – unless it includes specific information about where and how a copy of the property's Sustainability Declaration can be obtained. At the moment newspaper advertisements are still exempt from these new requirements.

This means FSBO sellers have to be very vigilant about filling out their Sustainability Declaration as accurately as possible or risk being subject to up to $2,000 in fines imposed by their local government.

Is the Sustainability Declaration Good for For Sale By Owner Sellers?

That depends on the house they are selling. If a homeowner has a lot of the energy saving measures highlighted in the form in place in their home already then they may eventually be able to use them as a marketing tool over other less energy efficient homes.

Not all buyers are going to bother reading the document of course although another provision of the law is that anyone holding an open inspection – which most for sale by owner sellers do at least once – must post a copy of the completed form prominently for all visitors to see.

The eventual aim is of course that Queensland residents will be encouraged to improve the energy efficiency of their homes in order to be able to present a favorable Sustainability Declaration when and if they come to sell the property. That reality may still be a way off yet but people are beginning to take notice.

What Happens if the Sustainability Form is Completed Wrong?

Not all of the questions on the form are mandatory and there may be some that the FSBO home seller simply honestly does not know the answer to, especially if they are not the original owners. If that is the case it is OK to leave a blank rather than make a bad guess.

The problem comes if the seller knowingly makes a false statement on a Sustainability Declaration. For instance, says the loft is insulated and later the buyer finds out that it isn't. Under the law the seller may be held liable for the expense of installing such insulation on the new owner's behalf.