Covid-19 real estate agents FAQ for Greater Sydney

Covid-19 Public Health Order Questions and Answers

• Am I required to close the office to members of the public?

• No, you do not need to close the office.
• Employees that cannot work from home can come into the office (if reasonably practicable to do so).
• We recommend that the office door be closed to walk-ins. People wanting to enter the office can then be assessed prior to admitting them into the office. 
• You should comply with your office’s COVID-19 Safety Plan when people enter the office, including using a QR Code or other electronic method to check in/out attendees.
• Maintain social distancing requirements, hand sanitiser, masks, etc. 

• Can real estate agents go into the office or do we need to work from home?

• You must work from home if you are able to or if it is reasonably practicable to do so. As agents, it is not reasonably practicable to perform all required duties from home and so you will need to visit the office or attend appointments as required and if reasonably practicable to do so. 

• Can an employer force an employee to go into the office if the employee does not want to go?

• A person is expected to stay at home unless they can’t do their job from home. The answer to that question rests with the person.

• Do people need to wear a mask while in the office?

• Yes, everyone and at all times, unless an exemption applies, for example – medical reasons or a person is working alone in their office without anyone in the room.

• Do staff need to stay 1.5m away from each other in the office?

• Yes. 
• The maximum number of people permitted in the office is determined by allowing each person 4 square metres of space. 

• Do I need a QR Code in my office?

• You should have a COVID-19 Safety Plan in place for your office. It is likely that plan will require you to have a QR Code or other electronic method to check in/out attendees.
• Given the minimal effort and inconvenience that a QR Code presents, we recommend having it available as the most efficient means to electronically record names, addresses and other contact details. 

• Can I get different QR codes for multiple business locations that are operating under the same ABN?

• Yes, you can. Multiple business locations operating under the same ABN can all have unique QR codes.
• To get different QR codes for each business location, you need to register each location as COVID Safe. When registering the different locations, you must enter detailed business names and address details to define each business location. However, you can enter the same ABN for all locations if numerous locations operate under the one ABN.
• Following your registration, your unique, location specific QR codes will be sent to you by email.

• Which areas are captured by “Greater Sydney”?

• The Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 [NSW] defines “Greater Sydney” to include the local government areas within the boundary shown in this map: Greater Sydney Commission Act 2015 No 57 - NSW Legislation, as well as the local government areas of the Central Coast, the City of Shellharbour and the City of Wollongong.

• Can you please confirm if outgoing inspections are permitted with the tenant present. 

• Yes

• What happens if a tenant refuses to allow a periodic inspection?

• This is a practical matter. 
• It might be easier to defer the inspection if the Tenant refuses, until after lockdown.
• If the Tenant refuses to allow an inspection the Agent will need an Order from NCAT. If the Tenant claims to be fearful that the inspection will expose them to a risk of contracting Covid-19, then it is difficult to see NCAT siding with the Landlord. However, if the lockdown continues past the date the public health order is repealed, then NCAT may have a different attitude. 

• I am an agent and live outside of the Greater Sydney area, can I go into Greater Sydney to do an open or onsite auction?

• No, auctions and opens cannot occur in Greater Sydney.
• Although private inspections may take place in Greater Sydney via appointment, we don’t recommend to do this because you will become an “affected person” under the public health order and will need to comply with the stay at home restrictions in that order for 14 days once you leave Greater Sydney. 

• I am a tenant/buyer and live outside of the Greater Sydney area, can I go into Greater Sydney to attend an open or onsite auction?

• No, auctions and opens cannot occur in Greater Sydney.
• Although private inspections may take place in Greater Sydney via appointment, we don’t recommend to do this because you will become an “affected person” under the public health order and will need to comply with the stay at home restrictions in that order for 14 days once you leave Greater Sydney. 

• I am an agent and live in the Greater Sydney area, can I go into a regional area to do an open or onsite auction?

• Yes as it is work that cannot be done at home. 

• I am a buyer/tenant and live in the Greater Sydney area, can I go into a regional area to attend an open or onsite auction? 

• Yes. 
• A reasonable excuse to leave home includes inspecting a potential new home. If that home is outside of Greater Sydney, then opens and auctions may still be conducted and there does not appear to be any prohibition in the public health order preventing you from attending.

• I am a buyer in Greater Sydney where auctions cannot occur. What do I do?

• You will need to participate online. 

• I am a buyer in Greater Sydney and am unable to attend an auction outside Greater Sydney. What do I do?

• The usual circumstances apply as follows:

1. You may be able to participate online if the agent has the facility.
2. Alternatively, you could arrange for someone to bid on your behalf who does not reside in Greater Sydney (including, for example, a buyers’ agent) or request to bid over the telephone (however, you will need to have arrangements in place to execute the contract for sale in the event you are the successful bidder). 
3. Accordingly, in these circumstances there is no need to go into the regional area.

• Can I move to a new place of residence, including a business moving to new premises, or between different places of residence of the person.

• Yes, you can move to a new place of residence or business.

•  If I live in the Greater Sydney area, can I go to my rental property in the Regional area to undertake an inspection or repairs?

• Yes. However, your primary obligation is to stay home, so if you attend your rental property then you may be asked to justify why you deemed it necessary. That then becomes a subjective question with the Police potentially forming a different view to you. 

• What happens with Strata meetings?

• If possible, postpone the meeting. If not, then provided the owners corporation permits it, make arrangements to hold the meeting online. 

• Can an employer insist on a team member having a COVID-19 test when they appear to have symptoms consistent with COVID-19? 

• • An employer has a duty to provide a safe workplace for their employees. 

• Rather than insisting on the employee getting a COVID-19 test, ask them to go to their doctor and get a medical certificate stating that they are fit for work.

• If you have a tenant or a purchaser that wants to move into their property, are they allowed to move to a new house? 

• Yes.

• If you have a previous open home organised and know the people that are attending, can they each wait in their cars and show them one at a time? 

• You can only take 1 person at a time into the home. That person must have also made an appointment with you prior to attending the property. 
• What processes you deploy to comply with these two requirements are a matter for you.

•  For sales inspections, does a private appointment have to be limited to one person in the property at one time or can a couple come through at the same time or a family group if they all live in the one household?

• No. Only one person at a time regardless of the relationship those people are in.

• Is it okay to go to somebody's home and do a market appraisal?

• Yes. 

• Has NSW Fair Trading said anything about a job seeker version or relief for tenants?

• The Treasurer has said that Landlords should provide assistance to Tenants requiring it. At this stage, the Government will not be providing any assistance. 

• Can we refuse entry to a client to go into a property or into our office if they do not have a mask and are refusing to wear one?

• The obligation to wear a mask is a personal one. You are not the policeman for the rules. However, as an employer you have a duty to provide a safe workplace, so someone not wearing a mask exposes your team to a risk so they should be prohibited from entry.

• What reassurance or proof can we give a purchaser that needs to come to inspect a property that they won't get into trouble for being out of their home?

• Compliance with that is on that individual and not on the agent. It is a reasonable excuse to leave their home under the public health order (namely, the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 [NSW]). 

• Do we need to wear masks when completing open for inspections in regional NSW? 

• Yes, face masks are mandatory.

• If a property needs cleaning before photos are taken, are we able to do that?

• Yes you can because that is having work done at the property, which is the same as if you sent somebody in to fix the hot water system.

• Can an Agent do letterbox drops? 

• Yes, as this is a task that cannot be performed from home.

• Is door knocking allowed for sales prospecting?

• Whilst you may be doing your job, you need to think about the reaction you may get from people under the current circumstances. 

Practically, it may not give you good publicity in your community and we suggest you steer clear of it at the present time.

• Will landlords be required to give commercial tenants relief for the two weeks of lockdown?

• No. To date, the NSW Government has not enacted any legislation that requires landlords to provide their commercial tenants with rent relief during the lockdown period.

• How do we manage photography/SWAT bookings? Should we have 2-3 people in attendance or do we stagger the bookings?

• Given that you are performing your work duties by meeting a property photographer, we recommend that you stagger people attending these bookings and ensure that the 4 sqm rule always applies, people are wearing masks, etc. 

• If a tenant refuses to provide us with access to the property to conduct a final inspection, what next steps should we take if this will delay settlement of the property?

• Contact the vendor’s solicitor/conveyancer to discuss a way forward. 
• If a solution cannot be reached, obtain an order for access by applying to NCAT. 

• Is real estate an essential service?

• The Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 [NSW] doesn’t include a definition of “essential service”. 
• However, any person employed is considered to be essential.

• How many single person inspections can an agent complete in a property in a 24-hour period?

• There is no maximum limit under the public health order, however, agents are recommended to take a sensible approach. They should ensure that all inspection attendees are screened using the REINSW COVID-19 Application for Private Inspections in Greater Sydney form. Attendees will need to complete and return that form prior to attending the property.

• Can more than one agent be present at a vendor meeting during this period?

• Only if it is absolutely necessary and provided social distancing requirements, masks, hand sanitiser, etc are observed. 
• We recommend that you consider having one agent physically present at the meeting with any other agents attending virtually.

• Can more than one agent be present at the property to shoot a video or take photos?

• Yes as you are performing your work duties, however, we recommend you keep numbers limited to your immediate Effective Business Unit only. 

• Can more than one party come to the office to discuss business with an agent or agents?

• Although the Minister has directed that agents can attend a private inspection with one buyer/tenant, the public health order isn’t specific on this and it doesn’t appear to be a reasonable excuse to leave home. 
• We recommend against doing this.