COVID-19 Update 11 Feb 2022For REISA Member
As you are all aware, the Government has commenced easing further restrictions in relation to the COVID-19 pandemic.
Please note that nothing has changed in relation to real estate agents and their defined public activities.
However REISA continues to receive enquiries about COVID related issues and so it is therefore timely to remind Members of their legal and ethical obligations under the relevant South Australian legislation.
If you have specific scenarios that you would like us to provide guidance on or to refer to SAPOL, please let us know at email@example.com and we will endeavour to get back to you as soon as possible.
Please also call Paul, REISA’s Legislative and Compliance adviser, if you have any questions. Paul can be reached on 8366 4300.
- Am I still required to use QR Codes at an auction or open inspection?
Yes you are. The QR Code requirement has only been lifted for retail venues.
- What should my agency do if an employee or visitor is found to have contracted COVID in the workplace?
Click here to view the most up to date health information for employers. In particular, the Test, Trace, Isolate and Quarantines matrices are particularly helpful.
Agencies should also refer to the COVID Safe Plan for information on cleaning and hygiene requirements.
- What should my agency do if I am conducting an inspection at a vacant or owner occupied property and an attendee present at the property turns out to be COVID positive?
It is REISA’s opinion that the owner and agent of the property should work together to follow the SA Health Guidelines as to cleaning the property to ensure its safety for future visitors.
Click here to view the guidelines for mitigating the risk of infection at a property (be it a workplace or defined activity site).
- Can a tenant refuse entry to a sales representative or property manager if the sales representative or property manager is unvaccinated?
It is REISA's opinion that a tenant could not refuse entry on the status of vaccination. Obviously, all requirements relating to wearing a mask and physical distancing must be observed.
- Can a person (vendor, purchaser, landlord or tenant) demand proof from a real estate person as to their vaccination status?
Only an Authorised Officer under the EMA can demand proof of vaccination status
- Do I have to ensure that all my employees are vaccinated?
No. The South Australian Government has made no announcement or direction on this issue in relation to the real estate industry.
- Do I have to wear a mask at an auction or property inspection?
Yes, you do. Masks must be worn at all times in indoor public settings. Masks must be worn by both the real estate professional and all persons entering the property.
- How many people are allowed at an inspection?
You must follow the density requirement under the law.
This is 1 person every 2 square metres. As a guide, limit the number of patrons inside a property to:
- 6-8 patrons inside a large house
- 4 patrons inside a unit
This is a pragmatic approach given the difficulties of managing capacity in individual rooms during a property inspection.
For example, if you were showing people through a house that was 100 square metres in total, you might think it is acceptable to have 50 people enter the premises. However, each room is an enclosed area – so if the dining room was only 15 square feet, then only 7 persons would be allowed to enter that particular room. Rather than have persons posted at the entrance to each room, this is why the pragmatic approach is a sensible workaround solution.
Property managers and real estate agents should also remind patrons to observe the physical distancing principle which is that there must be a minimum of 1.5 metres distance between each person at all times.
- What are the requirements around manual paper records?
If people attending an open inspection or auction do not have a smart phone, they are required to provide their relevant contact details on a paper record, taking care to make sure their handwriting can be read.
These details are only used by SA Health for official contact tracing purposes or for managing the COVID-19 pandemic.
It is illegal for this data to be misused for purposes other than official contact tracing or managing the COVID-19 pandemic. it is an offence to use this information for other purposes such as marketing.
Contact register records must be kept for 28 days and disposed of securely within the 7 days following this.
- Can I conduct a property inspection or hold an open inspection if the tenant is self-quarantining or self-isolating?
No, a real estate agent or property manager is not allowed to hold open inspections at the tenant's home or visit the tenant until the tenant has completed their 10 day period of isolation.
A tenant in this situation must not leave their home during this 10 day period of self-quarantine or self-isolation or have visitors at their home.
- Who can I contact if I have a question?
Stay safe and stay vigilant.
Chief Executive Officer