8 August 2013
We draw your attention to the new Gold Coast City Council Local Law 17 (Maintenance of Works in Waterway Areas) which affects anyone selling property on waterfront.
The law imposes additional disclosure requirements when selling waterfront properties which contain or are connected to revetment walls, training walls, jetties and pontoons and gives buyers the right to terminate the Contract if not properly disclosed.
The law attaches repair and responsibility obligations to owners of properties which contain or are connected to or (in some cases) receive the benefit of waterway works, including a revetment wall, training wall, jetty or pontoon.
Some examples of these maintenance obligations include:-
(a) a property owner will be responsible for repairing and maintaining a revetment wall if the wall is completely or partly on their land; and
(b) a waterfront property owner who benefits from a pontoon in a tidal river will be responsible for repairing and maintaining the pontoon.
We recommend contacting Smart Legal to obtain expert advice in relation to Special Conditions in the Contract of Sale.