Seller’s Settlement Checklist: RCDs, Smoke Alarms, and Other Obligations
In Western Australia, selling a property does not only involve signing a contract and handing over the keys. There are some legal and practical obligations that sellers need to meet before the settlement can take place. This process can be overwhelming particularly for the sellers that have to handle property sales involving deceased estate. Tight deadlines, complex paperwork, and emotional strain often add to the stress
Discover the seller’s settlement checklist to navigate the process better. Learn the key requirements to help ensure there are no delays, disputes, or last-minute surprises.
Why a Settlement Checklist Matters
In Western Australia, buyers have the right to expect that the property they are purchasing meets specific safety standards and that contractual obligations are fulfilled by settlement day.
If smoke alarms are not compliant or RCDs are not installed by then, this will stall the settlement and need urgent fixes at the seller’s expense. Therefore, it is important to have a settlement checklist.
A checklist approach helps to ensure that:
- All legal obligations are met before settlement
- Safety compliance issues are identified early
- Paperwork is prepared in advance
- Stress and uncertainty are reduced, especially in sensitive situations like deceased estate sales
Important Legal Obligations for Sellers in WA
Residual Current Devices (RCDs)
Under Western Australia legislation, sellers need to make sure that the property is fitted with at least two working RCDs that protect both:
- Power point circuits, and
- Lighting circuits
Without these devices, there is a risk of electric shock. RCDs are a mandatory safety requirement before settlement.
Things to remember:
- RCDs must be installed by a licensed electrician
- They must be operational at settlement
- This obligation applies regardless of the age of the property
Failing to comply can result in settlement delays while urgent electrical work is arranged.
Smoke Alarms
In addition to RCDs, Western Australia law also requires that all residential properties have compliant smoke alarms installed before settlement.
Minimum requirements include:
- Smoke alarms installed according to the WA regulations
- Either hard-wired alarms or compliant 10-year battery smoke alarms
- Alarms must be working at the time of settlement
In our experience, smoke alarm compliance is one of the most common last-minute issues that sellers encounter. Therefore, addressing this early can save unnecessary stress before settlement day.
Additionally, sellers can refer to guidance published by the Department of Fire and Emergency Services and WA Government safety resources
Seller Responsibilities Before Settlement
Vacant Possession
Unless otherwise agreed in the contract, sellers must provide vacant possession at settlement. This means:
- The property is empty of personal belongings
- Tenants have vacated (if applicable)
- Keys, remotes, and access devices are ready to hand over
In other cases such as deceased estate sales, this usually involves clearing furniture and personal items belonging to the deceased, which can take longer than usual. Therefore, it is advisable to start this process early.
Cleaning and Property Condition
Sellers are expected to leave the property in a good condition, similar to what was agreed in the contract. This usually means:
- No rubbish or unwanted items left behind
- Basic cleanliness throughout the home
- No new damage caused between contract date and settlement
By doing this, buyer disputes can be avoided, even though sellers are not required to present a ‘professionally cleaned’ home (unless specified).
Rates, Taxes and Outgoings
On top of that, before settlement, sellers need to make sure that:
- Council rates are paid up to date
- Water service charges are current
- Any strata levies (if applicable) are accounted for
At settlement, these amounts are adjusted so each party pays their share up to and from the settlement date. Outstanding balances don’t usually stop settlement, but they can complicate the adjustment process if not disclosed early.
Key Documents and Disclosures
Providing Relevant Documents
Where available, sellers should make sure that these documents are provided.
- Appliance manuals and warranties
- Records of major repairs or renovations
- Pool, electrical, or safety compliance documents
These documents help to show transparency and can smooth the handover to the buyer even though it is not compulsory.
Full Disclosure of Known Issues
Sellers must disclose any known defects or issues with the property, such as:
- Structural damage
- Unapproved renovations
- Ongoing maintenance problems
Failure to disclose known issues can result in legal disputes after settlement. Transparency protects both parties and reduces the risk of claims.
The Role of a Settlement Agent
A professional settlement agent plays a critical role in ensuring the process runs smoothly and compliantly. Here are some of the key tasks your settlement agent will take care of for you.
Ensuring Compliance
Your settlement agent will:
- Check that legal requirements (such as RCDs and smoke alarms) are addressed
- Review contract conditions to ensure obligations are met
- Flag potential issues early, before they become urgent problems
Liaising with Banks and Financial Institutions
If there is an existing mortgage on the property, the settlement agent will help you to:
- Liaise with the lender
- Arrange for mortgage discharge
- Ensure all lender requirements are satisfied before settlement
Document Preparation and Lodgement
Settlement agents will prepare and manage:
- Transfer of land documents
- Settlement statements
- Lodgement of documents with Landgate after settlement
This ensures legal ownership is transferred correctly and on time.
Common Mistakes Sellers Should Avoid
Skipping Safety Compliance
As mentioned on the previous section, RCD and smoke alarm compliance are important legal obligations in WA. Therefore, leaving RCD or smoke alarm installation until the last minute is one of the biggest causes of delayed settlements. These checks should be completed well before settlement day.
Leaving The Property in Poor Condition
Failing to check the property’s condition before settlement. Unfinished repairs, leftover rubbish, or unexpected damage can lead to buyer objections and disputes at final inspection.
Missing or Delayed Paperwork
Delays often occur when sellers:
- Don’t provide documents promptly
- Forget to sign paperwork
- Delay responding to settlement agent requests
Early cooperation helps ensure a smooth settlement timeline.
Final Thoughts: A Smoother Settlement Starts with Preparation
By following a clear seller’s settlement checklist, you can reduce the risk of last-minute issues and help ensure that your property settlement proceeds smoothly.
Whether you’re selling a family home, investment property, or a property as part of a deceased estate, having the right guidance makes all the difference. Experienced settlement agents in Perth understand Western Australia requirements and help ensure nothing is overlooked.
If you’re looking for a reliable settlement agent in Perth to guide you through the process with clarity and care, Strategic Settlements is here to help.
Get a quote for your settlement services or contact us for assistance with your property settlement and experience the confidence of working with a trusted settlement agent.