Exemptions

The Energy Efficiency Disclosure Ordinance does NOT apply if the house:

  • was constructed no more than ten years before the time of sale.
  • is a foreclosure sale, a trustee’s sale, or a deed in lieu of foreclosure.
  • is a pre-foreclosure sale where the seller has reached an agreement with the mortgage holder to sell the facility for an amount less than the amount owed on the mortgage.
  • is under the threat of eminent domain.
  • title is transferring from one family member to another.
  • is under a court order or probate proceedings.
  • is under decree of legal separation or dissolution of marriage (divorce).
  • participated in the Austin Energy Home Performance with Energy Star Program not more than ten years before the time of sale.
  • participated in the Austin Energy Free Weatherization Program not more than ten years before the time of sale.
  • buyer agrees to participate in the Austin Energy Free Weatherization Program.
  • is manufactured housing built on a permanent chassis and designed to be used without a permanent foundation.

In addition to exemptions, the director may grant a variance due to special circumstances. A variance may be granted if it is determined that compliance would cause undue hardship, or if the applicant submits an application for a permit to substantially remodel or demolish the house.

Also, it should be noted that condominiums are no longer exempt from the ordinance and are required to be audited.

Ordinance download

The Green Post

energy action, © 2012 all rights reserved