{"id":"sl-2004-25","name":"Civil Law (Sale of Residential Property) Regulation 2004","slug":"civil-law-sale-of-residential-property-regulation-2004","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"25 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173284,"registerId":"act-sl-2004-25-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Law (Sale of Residential Property) Regulation 2004","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nRegulation 2004\nSL2004-25\nmade under the\nCivil Law (Sale of Residential Property) Act 2003\nRepublication No 21\nEffective: 23 February 2026\nRepublication date: 23 February 2026\nLast amendment made by A2026-2\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Civil Law (Sale of Residential Property) Regulation 2004, made\nunder the Civil Law (Sale of Residential Property) Act 2003 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 February 2026.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 23 February 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nRegulation 2004\nmade under the\nCivil Law (Sale of Residential Property) Act 2003\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against regulation—application of Criminal Code etc 3\n6 AS 4299-1995, AS 4349.1 and AS 4349.3 and Legislation Act, s 47 3\nPart 2 Sale of residential property\n6A Adaptable housing dwelling—Act, dictionary, def adaptable housing\ndwelling 4\n\nContents\nPage\ncontents 2 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Building and compliance inspection report—Act, dictionary, def\nbuilding and compliance inspection report 4\n8 Building conveyancing inquiry documents—Act, s 7, def building\nconveyancing inquiry documents 7\n9 Lease conveyancing inquiry documents—Act, s 7, def lease\nconveyancing inquiry documents 7\n10 Pest inspection report—Act, dictionary, def pest inspection report 8\n10AA Required documents—Act, s 9 (1) (g) (iv) 9\n10A Required document—Act, s 9 (1) (l) 10\n10B Required documents—Act, s 9 (1) (k) 10\n11 Requirement for professional indemnity insurance—Act, s 9 (3) (b) 12\n12 Building and pest inspection information register 13\nPart 3 Public auctions of residential property\n13 Proof of identity—Act, s 24, def proof of identity, paragraph (c) 14\n14 Bidders record—Act, s 25 14\n15 Entries in bidders record to be made by seller’s agent or employee of\nthe agent 15\n16 Standard conditions for conduct of public auctions—Act, s 31A 15\nSchedule 1 Standard conditions for conduct of public\nauctions of residential property 16\nDictionary 18\nEndnotes\n1 About the endnotes 19\n2 Abbreviation key 19\n3 Legislation history 20\n4 Amendment history 23\n5 Earlier republications 25\n\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nRegulation 2004\nmade under the\nCivil Law (Sale of Residential Property) Act 2003\n\nPart 1 Preliminary\nSection 1\npage 2 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Civil Law (Sale of Residential Property)\nRegulation 2004.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘approved plans—see the Building\nAct 2004, dictionary.’ means that the term ‘approved plans’ is defined in\nthat dictionary and the definition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies to an offence against this regulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 AS 4299-1995, AS 4349.1 and AS 4349.3 and Legislation\nAct, s 47\n(1) The Legislation Act, section 47 (6) does not apply to AS 4299-1995,\nAS 4349.1 and AS 4349.3 under this regulation.\nNote Australian standards do not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Legislation Act, s 47 (7)). The\nstandards may be purchased at www.standards.org.au.\n(2) The director-general must ensure that an Australian standard\nmentioned in subsection (1) is available for inspection free of charge\nto the public during ordinary business hours at the office of an\nadministrative unit administered by the director-general.\n\nPart 2 Sale of residential property\nSection 6A\npage 4 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Sale of residential property\n6A Adaptable housing dwelling—Act, dictionary, def\nadaptable housing dwelling\nA dwelling that complies with Australian Standard AS 4299-1995\n(Adaptable Housing) as in force from time to time is prescribed.\n7 Building and compliance inspection report—Act,\ndictionary, def building and compliance inspection report\n(1) A building and compliance inspection report must be completed in\naccordance with AS 4349.1.\n(2) The report must state in a prominent place the date of the inspection\nand the date the report was prepared.\n(3) The report must—\n(a) state the policy number and expiry date of the professional\nindemnity insurance policy that covers the person who prepared\nthe report; or\n(b) be accompanied by a copy of a certificate of currency for the\npolicy given by the insurer that includes the policy’s expiry date.\n(4) The report must include statements to the effect that—\n(a) within 7 days after the day the report is prepared, the following\ninformation will be given to the Territory for inclusion in a\npublicly available register:\n(i) the fact that the report has been prepared;\n(ii) the street address of the property;\n(iii) the inspection date stated in the report;\n(iv) the name of the person who prepared the report;\n\nSale of residential property Part 2\nSection 7\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) if the person who prepared the report did so as an employee\nor agent of another entity—the name and contact details of\nthe other entity; and\n(b) the person who prepared the report, or the other entity, may give\na copy of it, on payment of a reasonable charge, to a person who\nhas entered into a contract to buy the property; and\n(c) no reliance may be placed on the report for any contract entered\ninto more than 180 days after the date of the inspection.\n(5) The report must set out the circumstances in which reliance may be\nplaced on the report.\n(6) The report must include the following documents or statements about\nany structure erected on the property:\n(a) a copy of any approved plans for the structure;\n(b) a copy of any building approval for the structure that does not\nform part of approved plans included in the report under\nparagraph (a);\n(c) a copy of any building permit for the structure;\n(d) a copy of any certificate of occupancy that has been given for\nthe structure;\n(e) a statement from the person who prepared the report about\nwhether the person believes the structure substantially complies\nwith any approved plans for the structure;\n(f) a statement from the person who prepared the report about\nwhether the person believes any building approval is required\nfor the structure;\n(g) if the person who prepared the report believes that a building\napproval is not required for the structure—a statement from the\nperson about whether the person believes development approval\nis required for the structure under the Planning Act 2023,\nchapter 7.\n\nPart 2 Sale of residential property\nSection 7\npage 6 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) For subsection (1), AS 4349.1 is taken to be modified as follows:\n(a) omit section 2 (Inspection agreement);\n(b) in clause C4.2 (Report content commentary), insert the\nfollowing new paragraph (e):\n(e) An assessment of the property in relation to cosmetic or\nminor maintenance matters.\nExamples of cosmetic or minor maintenance matters\n1 leaking taps\n2 exposed nail heads\n3 peeling paint\n(c) omit clause 4.2.4.2 (Minor defects);\n(d) omit clause C4.2.4.2 (Minor defects commentary);\n(e) in clause 4.2.8 (Conclusion), omit the following words:\nand an opinion regarding the incidence of minor defects, relative\nto the average condition of similar buildings of approximately\nthe same age that have been reasonably well maintained.\n(f) omit clause C4.2.8 (Conclusion commentary).\n(8) In this section:\nAS 4349.1 means AS 4349.1 (Inspection of buildings – Pre-purchase\ninspections – Residential buildings), as in force from time to time.\nNote AS 4349.1 may be purchased at www.standards.org.au.\nbuilding approval means a building approval under the Building\nAct 2004.\nbuilding permit means a building permit issued under the Building\nAct 2004.\nstructure—see the Building Act 2004, section 8.\n\nSale of residential property Part 2\nSection 8\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Building conveyancing inquiry documents—Act, s 7, def\nbuilding conveyancing inquiry documents\nThe building conveyancing inquiry documents for a residence are—\n(a) the following documents held by the territory planning\nauthority:\n(i) any certificate of occupancy for the residence;\n(ii) any survey plan for the residence signed by a registered\nsurveyor;\n(iii) any approved plans for the residence;\n(iv) any sanitary drainage work plan for the residence under the\nWater and Sewerage Act 2000;\n(v) the summary sheet of the contents of the building file for\nthe residence; and\n(b) for any document mentioned in paragraph (a) (i) to (iv) that is\nnot available from the territory planning authority—a written\nstatement from the authority that the document is not available.\n9 Lease conveyancing inquiry documents—Act, s 7, def\nlease conveyancing inquiry documents\nThe lease conveyancing inquiry documents for a property are the\nfollowing statements or documents provided by the territory planning\nauthority:\n(a) a statement about any entry in the heritage register in relation to\nthe property;\n(b) a statement about whether any rent under the Planning Act 2023\nfor the lease of the property is owing;\n(c) a statement about any application for development approval\nunder the Planning Act 2023 affecting the property;\n\nPart 2 Sale of residential property\nSection 10\npage 8 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a statement about any contravention of the Planning Act 2023 in\nrelation to the lease of the property;\n(e) a statement about any order under the Planning Act 2023 made\nor proposed to be made by the territory planning authority in\nrelation to the property;\n(f) a statement about any application for development approval for\nvariation of a lease for dual occupancy made under the Planning\nAct 2023 affecting the property;\n(g) a statement about any certificate of compliance issued under the\nPlanning Act 2023;\n(h) a statement about whether there is any record of contaminated\nland on the property.\n10 Pest inspection report—Act, dictionary, def pest\ninspection report\n(1) A pest inspection report must be completed in accordance with\nAS 4349.3.\n(2) The report must state in a prominent place the date of the inspection\nand the date the report was prepared.\n(3) The report must—\n(a) state the policy number and expiry date of the professional\nindemnity insurance policy that covers the person who prepared\nthe report; or\n(b) be accompanied by a copy of a certificate of currency for the\npolicy given by the insurer that includes the policy’s expiry date.\n\nSale of residential property Part 2\nSection 10AA\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The report must include statements to the effect that—\n(a) within 7 days after the day the report is prepared, the following\ninformation will be given to the Territory for inclusion in a\npublicly available register:\n(i) the fact that the report has been prepared;\n(ii) the street address of the property;\n(iii) the inspection date stated in the report;\n(iv) the name of the person who prepared the report;\n(v) if the person who prepared the report did so as an employee\nor agent of another entity—the name and contact details of\nthe other entity; and\n(b) the person who prepared the report, or the other entity, may give\na copy of it, on payment of a reasonable charge, to a person who\nhas entered into a contract to buy the property; and\n(c) no reliance may be placed on the report for any contract entered\ninto more than 180 days after the date of the inspection.\n(5) The report must set out the circumstances in which reliance may be\nplaced on the report.\n(6) In this section:\nAS 4349.3 means AS 4349.3 (Inspection of buildings – Timber pest\ninspections), as in force from time to time.\nNote AS 4349.3 may be purchased at www.standards.org.au.\n10AA Required documents—Act, s 9 (1) (g) (iv)\nDrawings and plans demonstrating compliance with Australian\nStandard AS 4299-1995 (Adaptable Housing) as in force from time\nto time are prescribed.\n\nPart 2 Sale of residential property\nSection 10A\npage 10 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10A Required document—Act, s 9 (1) (l)\n(1) This section applies in relation to a sale of residential property if—\n(a) affected residential premises are covered by the proposed\ncontract; and\n(b) the owner is required to have a current asbestos contamination\nreport for the premises under the Dangerous Substances\nAct 2004, section 47O.\n(2) A copy of the current asbestos contamination report is prescribed.\n(3) In this section:\naffected residential premises—see the Dangerous Substances\nAct 2004, section 47I.\ncurrent asbestos contamination report—see the Dangerous\nSubstances Act 2004, section 47J (2).\n10B Required documents—Act, s 9 (1) (k)\n(1) If the regulated swimming pool was built before 1 May 2023—the\nfollowing documents are prescribed:\n(a) a copy of the notifiable instrument made under the Building\nAct 2004, section 83H;\n(b) a document mentioned for whichever of the following\ncircumstances apply:\n(i) if the pool has been granted a Ministerial exemption from\nthe safety standards—\n(A) the exemption certificate in force for the pool; and\n(B) if the pool is exempt from only part of the safety\nstandards—a compliance status certificate for the\npool to the extent that it is not exempt from the\nstandards;\n\nSale of residential property Part 2\nSection 10B\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) in any other case—any of the following:\n(A) a swimming pool disclosure statement for the\npremises covered by the contract;\n(B) a compliance status certificate for the pool;\n(C) a certificate of occupancy for the pool and safety\nbarrier that is not older than 5 years after the day it\nwas issued.\n(2) If the regulated swimming pool was built or substantially altered on\nor after 1 May 2023—any 1 of the following documents is prescribed:\n(a) a swimming pool disclosure statement for the premises covered\nby the contract;\n(b) a certificate of occupancy for the pool and safety barrier that is\nnot older than 5 years after the day it was issued;\n(c) a compliance status certificate for the pool.\n(3) In this section:\ncertificate of occupancy—see the Building Act 2004, dictionary.\ncompliance status certificate, for a regulated swimming pool—see\nthe Building Act 2004, section 83K (1).\nexemption certificate, for a regulated swimming pool—see the\nBuilding Act 2004, section 83D (6).\nMinisterial exemption—see the Building Act 2004, section 83 (1).\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\nsafety barrier, for a regulated swimming pool—see the Building\nAct 2004, section 83 (1).\nstanding exemption—see the Building Act 2004, section 83 (1).\nsubstantially altered—see the Building Act 2004, section 83L (2).\n\nPart 2 Sale of residential property\nSection 11\npage 12 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nswimming pool disclosure statement means a statement by the owner\nof the premises covered by the proposed contract stating, to the best\nof the owner’s knowledge and belief and as accurately as the person\nhas been able to find out, the following information:\n(a) when—\n(i) the owner purchased the premises; and\n(ii) the premises were built; and\n(iii) if the premises were built by the owner—building approval\nfor the premises was granted; and\n(iv) construction of the pool was completed; and\n(v) any alterations to the pool were completed; and\n(b) if a standing exemption applies to the pool—that the pool is\nsubject to a standing exemption and the circumstances for the\nexemption.\n11 Requirement for professional indemnity insurance—Act,\ns 9 (3) (b)\n(1) A report mentioned in the Act, section 9 (1) (h) (iii) or (iv) must have\nbeen prepared by someone who has professional indemnity insurance\nthat relates to the subject matter of the report.\n(2) The professional indemnity insurance must provide a minimum limit\nof indemnity of—\n(a) $500 000; or\n(b) if another amount is determined by the Minister—that amount.\n(3) A determination is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n\nSale of residential property Part 2\nSection 12\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Building and pest inspection information register\n(1) The director-general must keep a register of information about\nbuilding and compliance inspection reports and pest inspection\nreports.\n(2) The register must include—\n(a) the information about building and compliance inspection\nreports given to the Territory as mentioned in section 7 (4) (a);\nand\n(b) the information about pest inspection reports given to the\nTerritory as mentioned in section 10 (4) (a).\n(3) However, it is only necessary to include information about a\nparticular inspection for 1 year after the date of the inspection.\n(4) The register may also include any other information the\ndirector-general considers appropriate.\n(5) The register may be kept in a form the director-general considers\nappropriate.\n(6) The director-general must make the information in the register\npublicly available in the way the director-general considers\nappropriate.\n\nPart 3 Public auctions of residential property\nSection 13\npage 14 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Public auctions of residential\nproperty\n13 Proof of identity—Act, s 24, def proof of identity,\nparagraph (c)\nThe following proofs of identity are prescribed:\n(a) a card or document that shows the name and address of the\nperson and is issued by—\n(i) the Territory, or a territory authority; or\n(ii) the government or a statutory authority of the\nCommonwealth or a State; or\n(iii) an authorised deposit-taking institution.\nExamples for par (a)\n1 a rates notice issued by the Territory or another jurisdiction\n2 a bank statement\n3 a tax assessment notice\n(b) a foreign passport or a foreign driver licence that shows the\nperson’s name, together with a card or document issued by an\nentity other than the person concerned that shows the person’s\nname and address.\n14 Bidders record—Act, s 25\n(1) The bidders record for an auction of residential property must be\nwritten in English and must record the following information:\n(a) the date and place of the auction;\n(b) the address of the property;\n(c) the name of the seller of the property;\n(d) the name and licence number of the seller’s agent for the\nauction;\n\nPublic auctions of residential property Part 3\nSection 15\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the name and licence number of the auctioneer conducting the\nauction;\n(f) the licence number of any buyer’s agent given a bidder number\nfor the auction;\n(g) if the property is sold at the auction—the name of the successful\nbidder and the sale price;\n(h) if the property is not sold at the auction—the highest bid\naccepted, other than a seller bid made in accordance with the\nAct, section 30.\n(2) The bidders record may be kept in an electronic form.\n(3) In this section:\nlicence means a licence under the Agents Act 2003.\n15 Entries in bidders record to be made by seller’s agent or\nemployee of the agent\n(1) A person commits an offence if—\n(a) the person makes an entry in a bidders record; and\n(b) the person is not—\n(i) an agent of the seller; or\n(ii) an employee of an agent of the seller acting on behalf of\nthe agent.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n16 Standard conditions for conduct of public auctions—Act,\ns 31A\nThe standard conditions for conduct of public auctions are set out in\nschedule 1.\n\nSchedule 1 Standard conditions for conduct of public auctions of residential property\npage 16 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Standard conditions for\nconduct of public auctions of\nresidential property\n(see s 16)\n*1 No bids may be made for the seller of the property.\nOR\n*1 The auctioneer may make 1 bid for the seller of the property at any\ntime during the auction.\n[* One of these alternatives must be deleted]\n2 Each person bidding must be entered on the bidders record.\n3 The auctioneer may refuse any bid.\n4 The auctioneer may decide the amount by which the bidding is to be\nadvanced.\n5 The auctioneer may withdraw the property from sale at any time.\n6 The auctioneer may refer a bid to the seller at any time before the end\nof the auction.\n7 If there is a dispute about a bid, the auctioneer may resubmit the\nproperty for sale at the last undisputed bid or start the bidding again.\n8 If there is a dispute about a bid, the auctioneer is the sole arbiter and\nthe auctioneer’s decision is final.\n9 The sale is subject to a reserve price unless the auctioneer announces\notherwise.\n10 The highest recorded bidder will be the buyer, subject to any reserve\nprice.\n11 If a reserve price has been set for the property and the property is\npassed in below the reserve price, the seller must first negotiate with\nthe highest bidder for the purchase of the property.\n\nStandard conditions for conduct of public auctions of residential property Schedule 1\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 The buyer must sign the contract and pay the deposit immediately\nafter the fall of the hammer.\n\nDictionary\npage 18 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• AS (see s 164)\n• authorised deposit-taking institution\n• director-general\n• heritage register\n• registered surveyor\n• territory planning authority.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Civil Law (Sale of Residential Property) Act 2003 (see Legislation\nAct, s 148). For example, the following terms are defined in the Civil\nLaw (Sale of Residential Property) Act 2003, dict:\n• agent\n• bidders record\n• lease\n• residential property\n• seller.\napproved plans—see the Building Act 2004, dictionary.\ncertificate of occupancy—see the Building Act 2004, dictionary.\nforeign driver licence—see the Road Transport (Driver Licensing)\nAct 1999, dictionary.\n\nEndnotes\nAbout the endnotes 1\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 20 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Civil Law (Sale of Residential Property)\nRegulations 2004. It was renamed under the Legislation Act 2001.\nCivil Law (Sale of Residential Property) Regulation 2004 SL2004-25\nnotified LR 30 June 2004\ns 1, s 2 commenced 30 June 2004 (LA s 75 (1))\ns 7 (3), s 7 (5), s 10 (3), s 10 (5), s 11 commenced 1 October 2004\n(s 2 (1) and CN2004-24)\ns 7 (4), s 10 (4), s 12 commenced 4 April 2005 (s 2 as am by\nSL2004-64)\nremainder commenced 1 July 2004 (s 2 (2))\nas amended by\nCivil Law (Sale of Residential Property) Amendment Regulations\n2004 (No 1) SL2004-48\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\nremainder commenced 1 October 2004 (s 2)\nCivil Law (Sale of Residential Property) Amendment Regulation 2004\n(No 2) SL2004-64\nnotified LR 23 December 2004\ns 1, s 2 commenced 23 December 2004 (LA s 75 (1))\nremainder commenced 24 December 2004 (s 2)\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.5\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.5 commenced 16 November 2006 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.6\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.6 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\n\nEndnotes\nLegislation history 3\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment\nAct 2008 (No 3) A2008-29 sch 1 pt 1.3\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 27 August 2008 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.27\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.27 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.10\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.10 commenced 12 December 2011 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.6\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.6 commenced 14 June 2013 (s 2)\nCivil Law (Sale of Residential Property) Amendment Regulation 2015\n(No 1) SL2015-18\nnotified LR 14 May 2015\ns 1, s 2 commenced 14 May 2015 (LA s 75 (1))\ns 5 commenced 1 February 2016 (s 2 (2) and see Dangerous\nSubstances (General) Amendment Regulation 2015 (No 2) SL2015-13\ns 2)\nremainder commenced 15 May 2015 (s 2 (1) and see Dangerous\nSubstances (General) Amendment Regulation 2015 (No 1) SL2015-10\ns 2)\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1\npt 1.3\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2020 (s 2)\n\nEndnotes\n3 Legislation history\npage 22 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice Legislation Amendment Act 2020 A2020-42 pt 5\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 5 commenced 1 November 2020 (s 2 (3) and see Unit Titles\nLegislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)\nCivil Law (Sale of Residential Property) Amendment Regulation 2020\n(No 1) SL2020-42\nnotified LR 10 September 2020\ns 1, s 2 commenced 10 September 2020 (LA s 75 (1))\nremainder commenced 1 November 2020 (s 2 and see Justice\nLegislation Amendment Act 2020 A2020-42, s 2 (3))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.11\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.11 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nBuilding (Swimming Pool Safety) Legislation Amendment Act 2023\nA2023-46 pt 5\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\ns 28 commenced 1 May 2024 (s 2 (1))\npt 5 remainder awaiting commencement\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\nsch 1 pt 1.1\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\namdt 1.1, amdt 1.2 commenced 23 February 2026 (s 2 (1))\nsch 1 pt 1.1 remainder awaiting commencement\n\nEndnotes\nAmendment history 4\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R4 LA\nCommencement\ns 2 sub SL2004-64 s 4\nom LA s 89 (4)\nAS 4299-1995, AS 4349.1 and AS 4349.3 and Legislation Act, s 47\ns 6 sub SL2020-42 s 4\nAdaptable housing dwelling—Act, dictionary, def adaptable housing dwelling\ns 6A ins A2020-42 s 17\nam SL2020-42 s 5\nBuilding and compliance inspection report—Act, dictionary, def building and\ncompliance inspection report\ns 7 hdg sub A2011-52 amdt 3.45\ns 7 am SL2004-48 s 4, s 5; regs renum R3 LA (see SL2004-48\ns 6); A2007-25 amdt 1.30; A2008-29 amdt 1.7, amdt 1.8;\nA2013-19 amdt 3.38; A2023-36 amdt 1.78\nBuilding conveyancing inquiry documents—Act, s 7, def building\nconveyancing inquiry documents\ns 8 am A2023-36 amdt 1.79\nLease conveyancing inquiry documents—Act, s 7, def lease conveyancing\ninquiry documents\ns 9 am A2006-42 amdt 3.12, amdt 3.13\nsub A2007-25 amdt 1.31\nam A2023-36 amdt 1.79, amdt 1.80\nPest inspection report—Act, dictionary, def pest inspection report\ns 10 hdg sub A2011-52 amdt 3.46\ns 10 am A2008-28 amdt 1.9; A2013-19 amdt 3.39\nRequired documents—Act, s 9 (1) (g) (iv)\ns 10AA ins A2020-42 s 18\nam SL2020-42 s 5\nRequired document—Act, s 9 (1) (l)\ns 10A ins SL2015-18 s 4\nsub SL2015-18 s 5\nam A2020-20 amdts 1.7-1.11\nRequired documents—Act, s 9 (1) (k)\ns 10B ins A2023-46 s 28\nam A2026-2 amdt 1.1, amdt 1.2\nRequirement for professional indemnity insurance—Act, s 9 (3) (b)\ns 11 am A2006-42 amdt 3.14\n\nEndnotes\n4 Amendment history\npage 24 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nBuilding and pest inspection information register\ns 12 am A2011-22 amdt 1.92\nReferences to Building Act 2004\ns 17 exp 1 September 2004 (s 17 (3))\nReports prepared before 1 July 2004\ns 18 exp 30 June 2005 (s 18 (3))\nTransitional\npt 4 hdg om R8 LA\nReports prepared before commencement of insurance requirements\ns 19 exp 30 June 2006 (s 19 (3))\nReports prepared before commencement of requirements about structures\ns 20 ins SL2004-48 s 7\nexp 30 June 2006 (s 20 (2))\nDictionary\ndict am A2006-42 amdt 3.15; A2013-19 amdt 3.40; SL2020-42 s 6;\nA2023-36 amdt 1.81\n\nEndnotes\nEarlier republications 5\nR21\n23/02/26\nCivil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2004\n1 July 2004–\n1 Sep 2004\nnot amended new regulation\nR2\n2 Sept 2004\n2 Sept 2004–\n30 Sept 2004\nnot amended commenced expiry\nR3\n1 Oct 2004\n1 Oct 2004–\n1 Nov 2004\nSL2004-48 commenced\nprovisions and\namendments by\nSL2004-48\nR4\n2 Nov 2004\n2 Nov 2004–\n23 Dec 2004\nSL2004-48 editorial\namendments under\nLegislation Act\nR5\n24 Dec 2004\n24 Dec 2004–\n3 Apr 2005\nSL2004-64 amendments by\nSL2004-64\nR6\n4 Apr 2005\n4 Apr 2005–\n30 June 2005\nSL2004-64 commenced\nprovisions\nR7\n1 July 2005\n1 July 2005–\n30 June 2006\nSL2004-64 commenced expiry\nR8\n1 July 2006\n1 July 2006–\n15 Nov 2006\nSL2004-64 commenced expiry\nR9\n16 Nov 2006\n16 Nov 2006–\n30 Mar 2008\nA2006-42 amendments by\nA2006-42\nR10\n31 Mar 2008\n31 Mar 2008–\n26 Aug 2008\nA2007-25 amendments by\nA2007-25\nR11\n27 Aug 2008\n27 Aug 2008–\n30 June 2011\nA2008-29 amendments by\nA2008-29\n\nEndnotes\n5 Earlier republications\npage 26 Civil Law (Sale of Residential Property) Regulation 2004\nEffective: 23/02/26\nR21\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR12\n1 July 2011\n1 July 2011–\n11 Dec 2011\nA2011-22 amendments by\nA2011-22\nR13\n12 Dec 2011\n12 Dec 2011–\n13 June 2013\nA2011-52 amendments by\nA2011-52\nR14\n14 June 2013\n14 June 2013–\n14 May 2015\nA2013-19 amendments by\nA2013-19\nR15\n15 May 2015\n15 May 2015–\n31 Jan 2016\nSL2015-18 amendments by\nSL2015-18\nR16\n1 Feb 2016\n1 Feb 2016–\n30 June 2020\nSL2015-18 amendments by\nSL2015-18\nR17\n1 July 2020\n1 July 2020–\n31 Oct 2020\nA2020-20 amendments by\nA2020-20\nR18\n1 Nov 2020\n1 Nov 2020–\n26 Nov 2023\nSL2020-42 amendments by\nA2020-42 and\nSL2020-42\nR19\n27 Nov 2023\n27 Nov 2023–\n30 Apr 2024\nA2023-36 amendments by\nA2023-36\nR20\n1 May 2024\n1 May 2024–\n22 Feb 2026\nA2023-46 amendments by\nA2023-46\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since its 2004 origin the regulation’s scope has expanded through amendments to add technical documentary requirements and administrative infrastructure. Additions include an adaptable‑housing prescription (s6A), mandated drawings for AS 4299 compliance (s10AA), asbestos contamination report requirements linked to the Dangerous Substances Act (s10A), specific swimming‑pool documentation rules tied to the Building Act (s10B), a statutory inspection information register with public publication obligations (s12), and a minimum professional indemnity insurance requirement with ministerial variation power (s11). These changes (see amendment history endnotes) increase compliance obligations for sellers, inspectors and agents and create new administrative duties for the director‑general."},"complexity_factors":["Multiple cross‑references to external instruments and Acts (Building Act 2004, Planning Act 2023, Dangerous Substances Act 2004) that require readers to consult other laws (see s7(6), s8, s9, s10A, s10B).","Technical Australian Standards required for reports (AS 4349.1, AS 4349.3, AS 4299-1995) and specified modifications to those standards (s6A, s7(1), s7(7), s10(1)).","Detailed required contents and procedural statements for inspection reports, including publication requirements and 180‑day reliance limit, creating compliance steps for inspectors and sellers (s7(2)–(6), s10(2)–(5)).","Professional indemnity insurance requirement with a specified minimum and ministerial power to change the amount by disallowable instrument, adding administrative discretion and regulation‑making complexity (s11(1)–(3)).","Different document rules depending on factual contingencies (eg regulated swimming pool built before/after 1 May 2023), increasing conditional complexity for sellers (s10B(1)–(2)).","Obligations to create and publish a register with time‑limited retention (1 year) and broad director‑general discretion as to format and additional content (s12(1)–(6)).","Auction procedural rules and a template schedule that requires choosing between alternative clauses (delete one alternative), plus a strict liability offence for improper bidders‑record entries (schedule 1; s15).","Layered amendment and transitional history reflected in endnotes, showing evolving scope and potential interaction with uncommenced/amending provisions (endnotes and amendment history)."],"plain_english_summary":"This regulation sets the paperwork, report standards and auction procedures required when residential property is sold in the ACT. Sellers must supply specified building, pest, asbestos and pool‑safety documents where relevant; inspectors must prepare reports to Australian Standards and carry professional indemnity insurance (s7, s10, s11). The director‑general keeps a publicly available register of inspections (s12). The regulation also prescribes identity checks, bidders’ recordkeeping and standard conditions for public auctions, and creates offences and penalties for non‑compliance (s13–s16)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation has grown significantly beyond its original 2004 scope. Initially focused primarily on building and pest inspection standards, it has expanded to include: asbestos contamination reporting requirements (added 2015/2020), adaptable housing standards for accessibility (added 2020), and comprehensive swimming pool safety documentation requirements (added 2023/2026). The auction provisions have also been elaborated with detailed bidder record requirements. This reflects a trend toward greater consumer protection and safety disclosure in property transactions, but means the regulation now covers diverse areas including dangerous substances, building safety, and accessibility standards rather than just standard pre-purchase inspections."},"complexity_factors":["Multiple cross-references to external Australian Standards (AS 4299-1995, AS 4349.1, AS 4349.3) which are not reproduced in the text and must be purchased separately","Nested conditional logic for swimming pool documentation requirements based on construction date (before/after 1 May 2023) and exemption status","Signpost definitions pointing to definitions in at least 5 other Acts (Building Act 2004, Planning Act 2023, Dangerous Substances Act 2004, Agents Act 2003, Road Transport (Driver Licensing) Act 1999)","Modification clauses that alter the text of incorporated Australian Standards (section 7(7) modifies AS 4349.1 by omitting and inserting specific clauses)","Temporal limitations and expiry conditions (180-day validity for reports, 1-year retention in register, 5-year validity for pool certificates)","Multiple document categories with specific content requirements (building reports, pest reports, conveyancing inquiry documents, asbestos reports, pool safety documents)"],"plain_english_summary":"This regulation implements detailed rules for selling residential property in the ACT, requiring standardised building and pest inspection reports (with insurance and expiry), a public register of reports, and specified pre-contract disclosure documents (e.g., asbestos, pool safety, conveyancing records). It also sets auction procedures and bidder ID/record rules.\n\nIt affects buyers, sellers, agents, inspectors and auctioneers by improving transparency, ensuring professional inspections and disclosures, and promoting safer, fairer property transactions."}},"importantCases":[],"_links":{"self":"/api/acts/civil-law-sale-of-residential-property-regulation-2004","history":"/api/acts/civil-law-sale-of-residential-property-regulation-2004/history","analysis":"/api/acts/civil-law-sale-of-residential-property-regulation-2004/analysis","conflicts":"/api/acts/civil-law-sale-of-residential-property-regulation-2004/conflicts","importantCases":"/api/acts/civil-law-sale-of-residential-property-regulation-2004/important-cases","documents":"/api/acts/civil-law-sale-of-residential-property-regulation-2004/documents"}}