22nd April 2024 - ANZAC Day and Real Estate Trading laws - Lest We Forget

Agencies can open and trade on Anzac Day for rental transactions only. Agencies must not sell real estate or conduct open house inspections.

Non-exempt shops must remain closed on Anzac Day.

Factories and shops (which includes offices) in Queensland are required to close on Anzac Day (25 April each year) with the following exceptions:

• real estate offices, which may open only for the purpose of rental transactions and must not sell real estate or conduct open house inspections.

Sourced from Anzac Day trading hours | Business Queensland

15th April 2024 - New PO Form 6 1 May 2024

New appointment to act forms for property agents

In response to industry feedback, the current appointment form for property agents will be replaced by two distinct forms tailored to the different needs of residential property agents (Form 6) and commercial property agents (Form 6a).

The changes provide clearer instructions for you and your clients that are specific to the type of property or business you are being appointed to sell, let, purchase or manage.

The new Form 6 for residential property agents now incorporate the amendments to the Residential Tenancies and Rooming Accommodation Act 2008 authorising expenditure for emergency repairs to tenanted properties. 

The new Form 6a is for use by commercial agents selling and leasing commercial property and businesses.

What do you need to do?

You must use the new forms when signing any new appointments or updating existing agreements from 1 May 2024.

Any appointments to act signed by you and your client before 1 May on the current form will continue to be valid until they are terminated or expire.

The new forms will be available to download from our website from 1 May 2024.

Above from the OFT Smart Business Bulletin (April 2024)

27th March 2024 - Smoke alarms – Property owner (landlord) fined

I know many of you are upset, shocked, and understandably angry regarding the penalty imposed on the property owner yesterday in Cleveland Magistrates Court for failing to comply with Queensland smoke alarm legislation. I am also feeling similar emotions. This owner did not have a managing agent. It is not appropriate for me to speculate or comment any further regarding this owner.

We have long known that the maximum penalty under the Queensland Fire and Emergency Services Act is 5 penalty units. The owner has been fined the maximum. In the words of the Magistrate “it seems a pittance, however it’s not for me to comment on the laws.

Smoke alarms are about saving lives. Not about the penalty imposed under current laws in my professional view. The deterrent should be about people, and lives, not the fine. I believe the fine should be higher. The matter has been referred to the State Coroner to overview. In time we shall find out if there are going to be any further changes, and or recommendations made by the Coroner.

I as always, commend the hard work property managers do every day. Particularly in relation to smoke alarms. What more can you do but your best to have your properties compliant, and knowing all that can be done to keep people safe is being done.

I foresee more outcomes from this tragedy in time. For now, smoke alarms save lives, and let us not forget the father and his children who tragically died in this horrific incident, and the people left behind.

21st March 2024 - Stage 2 tenancy laws and Mandatory training (CPD) introduced into Parliament.

For information regarding stage 2 of tenancy laws, refer to RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au)

 Below is sourced from Parliament when the Bill was introduced. 

"Renters, property owners and the broader community all benefit when people working in the property industry achieve and maintain high levels of knowledge, training and skills. Delivering on our 2020 election commitment, the bill contains amendments to introduce a legislative framework for mandatory continuing professional development, or CPD, of property agents. This framework will be included in the Property Occupations Act 2014 which provides for occupational licensing and registration for real estate agents, real estate salespeople, real estate property auctioneers and resident letting agents. The amendments have been informed by a comprehensive regulatory impact assessment process involving broad stakeholder consultation consistent with the government’s election commitment.

The bill will amend the Property Occupations Act to require individual licensees and certificate holders complete annual CPD requirements, as approved by the chief executive under the Property Occupation Act, unless there are exceptional circumstances. Failure to complete CPD will impact on the property agent’s eligibility to have their licence or certificate renewed or restored by the chief executive".

Sitting Date | Queensland Parliament

29th February 2024

Refer to RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au) for email and update sent.