Contract Conditions – Electrical Safety Switch Requirements:

An electrical safety switch is designed to protect a person from the most frequent cause of electrocution, which is electrical current passing through the body to earth.

A safety switch is designed to cut the supply of electricity to the property in a fraction of a second when a harmful level of electricity is detected leaking to earth.

Such an accident could be caused by a faulty appliance or power tool, damage to an electrical cable, or through a lack of maintenance.

Safety switches have been proven to save lives, which is why it is now the law for properties for in Queensland to include one.

As part of the conveyancing process both buyers and sellers have obligations when it comes to electrical safety switches and these obligations are outlined below.

When Selling a Property:

As part of the conveyancing process, as a seller you have several disclosure obligations that you must make to the buyer. One of these disclosure obligations is the presence of an electrical safety switch in the property.

In Queensland it is a legal requirement for all properties to have an electrical safety switch installed. When selling your property you must disclose whether a safety switch is installed in the property on the contract of sale, as well as on the property transfer documents. 

For all property sold or transferred after 1 September 2002, a licensed electrician can only conduct work on the property if it does not have a safety switch, if the work involves the installation of a safety switch, or in an emergency.

Our Brisbane and Gold Coast conveyancing lawyers can ensure that the property you are buying meets the requirements for electrical safety switches in Queensland.

When Buying a Property:

If you are buying a property it is essential you ensure that the property has an electrical safety switch installed. The easiest way to do this is to carefully read the contract of sale before you sign it. The standard REIQ contract contains a clause in which the seller must indicate if the property has an electrical safety switch installed.

If this clause is not completed then you should instruct the solicitor managing your conveyancing to seek written confirmation from the seller that a safety switch is installed, or that one will be installed prior to settlement at their cost.

If a safety switch is not installed prior to settlement, then it becomes the responsibility of you, the buyer, to ensure one is installed. This must be completed within three months of settlement to avoid any penalty. You may be fined in excess of $1,500.00 if you do not install one within this time frame.

If you are buying or selling a property and are unsure of your legal obligations, contact the lawyers of Dylan & Inns Gold Coast and Brisbane. We can advise you as to your obligations during the conveyancing process and ensure you are protected from liability. Contact us on 1300 36 32 10, or email hello@dylaninns.com.au.