HOME owners will have to fill out sustainability declarations before they can place properties on the market, under new changes to legislation passed by the State Government last week.

Gold Coast solicitor Joe Welch, a partner at Hickey Lawyers, said the Building and Other Legislation Amendment Act 2009 made sweeping changes and added a new layer of paperwork to the selling process.

Mr Welch said the changes would come into effect from January 1, 2010 and impact the Building Act and the Property Agents and Motor Dealers Act (PAMDA), by requiring a sustainability declaration be available to potential buyers who inquire about a home for sale.

"It will affect people selling their homes, real estate agents and developers selling houses, units and townhouses," he said.

"Basically, the legislation is aimed to encourage people to add more sustainable features to their homes.

"By making sellers declare the sustainable features of their home, the State Government believes buyers will be choosy when comparing homes and able to select one home over the other based on features such as insulation, water tanks, solar hot water and even disabled access.

"However, it will add more red tape to the process of selling a home and complicate the already complicated procedures set out under PAMDA, which is undergoing a review that is looking at finally cutting down this red tape.

"There will also be significant penalties for those who do not comply and there is the potential of litigation for those who may incorrectly fill in details in their declaration -- innocently or otherwise."

Mr Welch said while the sustainability declaration form was yet to be produced, it would require owners to detail environment-friendly features such as solar water heating or energy efficient light bulbs.

"Real estate agents, lawyers or building inspectors will more than likely have to help home owners fill out these forms, as many people will be unaware of the exact sustainable features of their homes. This could add a further cost.