A seller of residential property in Western Australia must have at least two residual current devices and mains powered smoke alarms installed before the property transfers to the buyer. It’s an obligation on the seller by law, under regulations 12A, 13 and 14 of the Electricity Regulations 1947 (WA). Penalties can be imposed for non-compliance.
What an RCD is and how many you need
A residual current device, or RCD, is a safety switch that cuts the power when it detects a fault. A seller has to have at least two installed and they have to cover the power point and lighting circuits in the property.
Smoke alarms
The alarms have to be mains powered and hard wired rather than battery only. In uncommon cases, battery powered smoke alarms may be permitted. You should consult an electrician.
Does it depend on when the house was built?
No. It is a mandatory requirement for all residential properties regardless of age.
When does it have to be done by?
Before the property transfers to the buyer, which in practice means before settlement. An electrician who completes the work will provide you with an Electrical Safety Certificate, which you should supply to your real estate agent (if applicable) and your settlement agent.
Book the electrician when the contract is signed rather than in the week before settlement to avoid any delays.
The penalties
On the RCD requirement the maximum penalty is $15,000 for an individual and $100,000 for a body corporate. On smoke alarms it is $5,000 or a $750 infringement notice.
What if you are the buyer and the property is not compliant?
You should check before settlement rather than after, because a buyer who settles on a non-compliant property owns the problem. If you are not sure, a licensed electrical contractor can inspect and tell you.
There is no obligation on the seller to give you evidence from an electrician unless specified in the contract, so a buyer who wants proof has to arrange the inspection.
If you find out after settlement, get advice on what your contract gives you rather than assuming there is a statutory claim against the seller.
Frequently asked questions
Does the seller have to give me an electrician’s certificate?
No. There is no obligation on the seller to provide evidence from an electrician unless specifically stated in the contract.
Do the rules apply to a strata lot?
The devices inside your own lot are your responsibility.
What if the property is tenanted?
The seller’s duty on a sale is the same.
Talk to us about your sale
We act for buyers and sellers on residential and commercial property settlements across Perth and Western Australia.
Call the settlements team on (08) 9220 4430 or download an itemised quote for your own sale.
Related: What to do before settlement, a seller’s checklist.
This article is general information and not legal advice. Every property transaction turns on its own facts.
