Inspections in Vacant and Occupied Properties: Important Update

We have received further advice from the Office of the Minister for Consumer Affairs regarding the restrictions on inspections. This advice has been provided after consultation with the DHHS.  Please review and implement this advice with immediate effect.

NOTE: The restrictions vary for Vacant and Occupied properties and are based on the Stay at Home Directions and Restricted Activities Directions (New Directions)

VACANT PROPERTIES

Under the New Directions, an estate agent can only organise private appointments for in-person inspections of residential properties. In doing so, a person must not enter any single undivided indoor space unless:

• No other person is in that space; or

• Only one other person is in that space; or

• More than one other person is in the space, but all of those persons ordinarily reside at the same premises as the person. 

Practically, this means an agent can conduct a private inspection of a vacant residential property for potential purchasers or potential tenants provided that only one potential purchaser or potential tenant is in attendance, or if there is more than one potential purchaser or potential tenant in attendance, those people ordinarily reside in the same premises (i.e. if they were a couple or family that lived together). 

Estate agents conducting any inspection should ensure compliance and high levels of hygiene. This could include ensuring properties (particularly high traffic areas such as door, cupboard and wardrobe handles and stair rails) are clean and disinfected. 

OCCUPIED PROPERTIES

Under the New Directions, agents must no longer conduct public or in-person private inspections of tenanted or occupied properties.

This is because it will not be possible for agents, prospective owners or tenants, and existing tenants to each comply with their legal requirements under the New Directions. This includes requirements to:

• Maintain the required level of social distancing

• Ensure homes are cleaned and disinfected before and after each inspection and

• All Victorians to stay at home except in the four, limited circumstances  (to buy needed supplies, for medical or caring reasons, work or study, or exercise). There is no exemption for tenants or occupants to temporarily vacate their place of residence to facilitate inspections.
   

During the Stage 3 restrictions, vendors or landlords wanting to conduct inspections of tenanted properties can do so via virtual inspections, or wait until the property is fully vacated and disinfected.

For the purposes of filming a virtual inspection, agents can alone attend an occupied property as long as they comply with the requirement that only one person can enter a place occupied by persons who reside in the same premises and all other requirements relating to social distancing, cleaning and hygiene.