Conveyancing (Sale of Land) Amendment (Smoke Alarms) Regulation 2006 (NSW)
2006 No 213
New South Wales
Conveyancing (Sale of Land) Amendment (Smoke Alarms) Regulation 2006
under the
Conveyancing Act 1919
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919.
ANTHONY KELLY, M.L.C.,
Minister for Lands
Explanatory note
The object of this Regulation is to amend the Conveyancing (Sale of Land) Regulation 2005 as follows:
| (a) | to require the vendor under a contract for the sale of land to attach to the contract a statement that any building situated on the land concerned complies with Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000 (that relates to the obligation of owners of certain buildings to install smoke alarms (or in certain cases heat alarms)), |
| (b) | to prevent attachment by the vendor of an inaccurate statement to a contract for the sale of land from being a ground on which the contract may be rescinded by the purchaser (although the failure to attach any such statement, if required, will be grounds for such rescission), |
| (c) | to provide that a vendor who attaches an inaccurate statement to a contract for the sale of land is guilty of an offence carrying a maximum penalty of 5 penalty units (currently $550). |
This Regulation is made under the Conveyancing Act 1919, including sections 52A (2) and
(6) and 202 (the general regulation-making power).
| Published in Gazette No 58 of 28 April 2006, page 2387 | Page 1 |
| 2006 No 213 | |
| Clause 1 | Conveyancing (Sale of Land) Amendment (Smoke Alarms) Regulation 2006 |
Conveyancing (Sale of Land) Amendment (Smoke
Alarms) Regulation 2006
under the
Conveyancing Act 1919
1 Name of Regulation
This Regulation is the Conveyancing (Sale of Land) Amendment (Smoke
Alarms) Regulation 2006.
2 Commencement
This Regulation commences on 1 May 2006.
3 Amendment of Conveyancing (Sale of Land) Regulation 2005
The Conveyancing (Sale of Land) Regulation 2005 is amended as set out in Schedule 1.
2006 No 213
Conveyancing (Sale of Land) Amendment (Smoke Alarms) Regulation 2006
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 19 Circumstances under which purchaser may rescind contract or option
Insert after clause 19 (4):
(5) A contract for the sale of land may not be rescinded on the ground of any inaccuracy in the document referred to in clause 15 of Schedule 1.
[2] Clause 22A
Insert after clause 22:
22A Offence relating to smoke alarm notices attached to contracts of
saleIf, by operation of section 52A of the Act and this Regulation, a person is required to attach to a contract for the sale of land a statement that a building situated on the land complies with Division 7A (Smoke alarms) of Part 9 (Fire safety and matters concerning the Building Code of Australia) of the Environmental Planning and Assessment Regulation 2000, the person must not attach a statement that the person knows is inaccurate.
Maximum penalty: 5 penalty units.
Note. The legal obligation to install smoke alarms is contained in clause 186A of the Environmental Planning and Assessment Regulation 2000. Clause 186F of that Regulation provides that the legal obligation to install smoke alarms does not arise until 1 November 2006.
[3] Schedule 1 Prescribed documents
Insert after clause 14:
15 If the contract relates to land on which a building is situated and smoke alarms or heat alarms are required by Division 7A (Smoke alarms) of Part 9 (Fire safety and matters concerning the Building Code of Australia) of the Environmental Planning and Assessment Regulation 2000 to be installed in the building, a statement by the vendor that the building complies with that requirement. Note. The legal obligation to install smoke alarms is contained in clause 186A of the Environmental Planning and Assessment Regulation 2000. Clause 186F of that Regulation provides that the legal obligation to install smoke alarms does not arise until 1 November 2006.
BY AUTHORITY
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