Section 18 AAC 50.081 - Real estate transaction requirements; weatherization and energy efficiency(a) In an area identified in 18 AAC 50.015(b)(3), the following requirements apply: (1) after December 31, 2025, a residential building owner must have an energy rating completed by an energy rater before listing the building or property for sale; the residential building owner shall pay for the costs of the energy rating; the energy rater shall provide information about weatherization resources as part of the energy rating report; the residential building owner must give the energy rating report to the buyer simultaneously with the seller's Residential Real Property Transfer Disclosure Statement from the Real Estate Commission; the residential building owner must submit the energy rating report to the department in a format provided by or approved by the department;(2) the owner of any building being sold in which a wood-fired heating device is located must register the device, using a form or method provided by the department unless the wood-fired device previously has been registered under 18 AAC 50.077(h);(3) the buyer of any building in which a wood-fired heating device is located must submit a change of ownership notification to the department for any device previously registered under 18 AAC 50.077(h) or (2) of this subsection and must register any previously undisclosed wood-fired heating devices, using a form or method provided by the department;(4) the owner, seller, and buyer of any building being sold in which a wood- or coal-fired heating device is located must comply with all applicable requirements under 18 AAC 50.077(h) and (l) - (n) and 18 AAC 50.079(b) and (f) - (h).(b) An agent shall ensure compliance with all requirements of this section. To ensure compliance, the agent must (1) inform the seller or buyer, as applicable, of the seller's or buyer's obligations under this section, 18 AAC 50.077, and 18 AAC 50.079; and(2) ensure during a real estate transaction that the seller or buyer, as applicable, has performed all activities required under 18 AAC 50.077(h) and (l) - (n) and 18 AAC 50.079(b) and (f) - (h) or must personally ensure compliance with those requirements.(c) If the agent has complied with (b)(1) of this section, the agent may not be liable for the failure to disclose to a buyer the presence of a noncompliant wood-fired heating device known by a seller but not disclosed to the agent.(d) In this section, (1) "agent" means any party who enters into a contract with an owner, seller, or buyer, including any party who enters into a contract with a representative of the seller or buyer, for the purpose of selling or buying any building;(2) "energy rater" means a person authorized to perform energy ratings by the Alaska Housing Finance Corporation under 15 AAC 155.530, revised as of June 14, 2010, and adopted by reference;(3) "energy rating" has the meaning given in 15 AAC 155.990, revised as of April 3, 2013, and adopted by reference;(4) "residential building" has the meaning given in 15 AAC 155.990, revised as of April 3, 2013, and adopted by reference.Eff. 12/8/2024, Register 252, January 2025Authority:AS 46.03.020
AS 46.14.010
AS 46.14.020
AS 46.14.030
Sec. 30, ch. 74, SLA 1993