Flat Rate Settlements

Settlement lawyers Perth WA

Non-compliant RCD’s and smoke alarms – your rights explained

Recovering costs from the seller after settlement

The Electricity Regulations 1947 (WA) require a seller of residential property to install at least 2 residual current devices (RCD’s) and hard-wired smoke alarms in the property before the sale is completed (settlement).  Sellers face hefty fines for non-compliance.

Buyers should check that the property is fitted with RCD’s and mains-powered smoke alarms before settlement. If you are unsure, arrange for licensed electrical contractor to inspect the property. Whilst there is no obligation on the Seller to provide evidence by an electrician, the law does offer recourse to new home owners who make the unpleasant discovery after settlement that their home is non-compliant**.

Residual Current Devices (RCDs)

The Buyer may claim from the Seller the reasonable costs of complying with the Electricity Regulations within a period of 2 months after settlement.

The Seller may be liable to a fine of up to $15,000 for failing to comply with the regulations.

Hard-wired smoke alarms

Similarly, if the property has not been fitted with hard-wired smoke alarms prior to settlement, the Buyer may recover the reasonable costs from the Seller within a period of 12 months from settlement.

If the property is non-compliant, the Seller may be subject to a fine of up to $5,000.

** See r15A Electricity Regulations 1991 and r57-60 Building Regulations 2012

Michael Hodgkins

Michael has been a partner of Birman & Ride since 1 July 2009. He leads the firm’s family and property law teams which offer a broad range of services including real estate settlements, property and commercial law, family law, wills, estate planning, probate and estates. The firm is a… View full profile »

Telephone: (08) 9220 4455 | Email: mh@birmanride.com.au

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