Rights and Responsibilities
Advertisements published, or cause to be published, for selling or leasing residential premises must state if an order or notice applies in relation to the premises.
Complaints and referrals
Notifications to the Housing Safety Authority (HSA) about concerns with a property can be received from any source, including:
- emergency services
- local councils
- members of the public
- real estate agents
- support workers
- tenants
- visitors
Authorised officers from HSA may inspect the property without notifying the owner or agent.
A property can be occupied if subject to an order or notice unless the owner or occupants are directed to vacate the property through a Housing Improvement Order, Housing Demolition Order or Notice to Vacate.
Declaring in advertisements for sale or lease
If a property is subject to an order or notice (excluding a Preliminary Rent Control Notice), any advertisements published for selling or leasing residential premises, must include a statement confirming an order or notice applies in relation to the premises.
If the property is subject to a Rent Control Notice, any information to the lessee or prospective lessee about rent payable, must confirm the rent is fixed under the notice.
Charging rent subject to a rent control notice
If a Rent Control Notice is enforced on the property, agents must not charge, demand or receive rent that is more than the maximum rent fixed under the notice.
Substandard property register
The substandard property register is a public list of residential premises that do not meet minimum housing standards.
Before purchasing or renting a property, it is recommended that you search the South Australian Substandard property register
Purchasing a property
If the property is subject to an order or notice, the Housing Safety Authority will be automatically requested to provide specific information to comply with the legal requirements. It will also include the maximum weekly rent that can be charged, if applicable.
It is recommended that potential purchasers consider obtaining an independent building inspection of any property prior to purchase.
Removing an Order or Notice
An order or notice will remain on the property until all requirements have been met, the property is demolished, or the property classification of use has been formally changed.
An inspection may be required to support the evidence of compliance. Agents may also request an inspection to support compliance of the order or notice.
Offences
The following offences carrying maximum penalties or expiation notices:
- Failing to state that an order or notice applies in an advertisement for sale or lease
- Failing to disclose (verbally or in writing) that a rent control notice applies and the rent is fixed
- Failing to display statement in advertisement or rent disclose in legible form and reasonably prominent position
- Charging more than the maximum fixed rent
- Providing false or misleading information
- Hindering or obstructing an authorised officer, or a person assisting an authorised officer, while inspecting the property
- Failing to answer questions to the best of their knowledge, information, and belief unless self-incriminating