Land Valuers Licensing (Remuneration) Notice 2013 - 18 September 2013
The Minister for Commerce has approved the Land Valuers Licensing (Remuneration) Notice 2013 (the Notice) prescribing the maximum remuneration land valuers can receive for the various valuations and assessments they offer.
The Notice was published in the Government Gazette on 17 September 2013 and comes into effect on 1 October 2013. It includes a Scale of Fees that applies to valuations negotiated by land valuers on or after 1 October 2013.
The Scale of Fees for land valuers is listed on the following pages. More information is available on the land valuers fees webpage.
Changes have been made to the Notice to improve clarity:
- Some of the introductory clauses have been re-organised and amalgamated.
- The term ‘property’, which is not defined under the Land Valuers Licensing Act 1978 (LV Act), is replaced by the term ‘land’. This is consistent with the LV Act and the Interpretation Act 1984 which provide for a broader definition of ‘land’.
- Joint valuations and partial valuations were previously dealt with under clause 7 and 8. They are now found in clause 11 and 12 respectively in the new notice. The term ‘instruct’ has been removed from the clause dealing with joint and partial valuations as it was deemed unnecessary. Where a valuer is acting outside their instructions, the valuer would not be able to charge for that work.
The Notice will replace the existing Land Valuers Licensing (Remuneration) Notice 2010 which has been in use since September 2010. The Department is also preparing to consult with the sector about fee deregulation for land valuers and will release a discussion paper later in the year.
| Item | Service |
Maximum amount of remuneration |
|---|---|---|
| 1 | The valuation by a licensed valuer of land where the amount of the valuation — | |
| (a) | does not exceed $250,000 | $1,790 |
| (b) | exceeds $250,000 but does not exceed $2,000,000 | $1,790 and $3.32 for every $1,000 and every fractional part of $1,000 by which the amount exceeds $250,000 |
| (c) | exceeds $2,000,000 | $7,600 and $2.86 for every $7,600 and $2.86 for every $1,000 and every fractional part of $1,000 by which the amount exceeds $2,000,000 |
| $1,000 and every fractional part of $1,000 by which the amount exceeds $2,000,000 | ||
| 2 | The assessment of annual rental by a licensed valuer in relation to land where the amount of annual rental assessed — | |
| (a) | does not exceed $25,000 | $2,001 |
| (b) | exceeds $25,000 but does not exceed $50,000 | $2,001 and $3.32 for every $100 and every fractional part of $100 by which the amount exceeds $25,000 |
| (c) | exceeds $50,000 but does not exceed $100,000 | $2,831 and $2.85 for every $100 and every fractional part of $100 by which the amount exceeds $50,000 |
| (d) | exceeds $100,000 | $4,256 and $1.43 for every $100 and every fractional part of $100 by which the amount exceeds $100,000 |
| 3 | A service provided a licensed valuer acting - | |
| (a) | as an adjudicator between 2 or more parties to a dispute concerning a valua- tion or an assessment of rental | $406 per hour or part of an hour |
| (b) | as an arbitrator or umpire under the Commercial Arbitration Act 1985 | $406 per hour or part of an hour |
| (c) | as a referee under a reference under the Supreme Court Act 1935 section | $406 per hour or part of an hour |
| 50, or under the District Court of Western Australia Act 1969, as read with that section | ||
| (d) | as an expert under the Magistrates Court (Civil Proceedings) Act 2004 section 24 | $406 per hour or part of an hour |
| (e) | as a special referee under the State Administrative Tribunal Act 2004 section 65 | $406 per hour or part of an hour |
| (f) | pursuant to an agreement or appoint- ment under the Commercial Tenancy (Retail Shops) Agreements Act 1985 section 11(3) | 1.25 times the maximum remuneration specified in item 1 or 2, as the case requires |
| (g) | as a determinator | 1.25 times the maximum remuneration specified in item 1 or 2, as the case requires |
| 4 | A service provided by a licensed valuer — | |
| (a) | attending as an expert witness before any court, tribunal, Royal Commission, judge or other body or person acting judicially | $358 per hour or part of an hour |
| (b) | attending as an expert witness on counsel in preparation of a case | $358 per hour or part of an hour |
| (c) | assisting the State Administrative Tribunal pursuant to an appointment under the State Administrative Tribunal Act 2004 section 64 | $358 per hour or part of an hour |
| 5 | Being on standby to provide a service, at the specific request of counsel, for attendance before any court, tribunal, Royal Commission, judge or other person or body acting judicially, where being on standby has the effect of preventing the licensed valuer from attending to any other work | $264 per hour or part of an hour |
| 6 | Time spent by a licensed valuer travelling from and to his or her headquarters in order to provide a service set out in this Schedule | $180 per hour or part of an hour and $1.60 per kilometre or part of a kilometre where the travelling involves the use of the licensed valuer’s motor vehicle |
| 7 | Time spent by a licensed valuer providing any other service away from his or her headquarters or in a conference or consultation or otherwise in the practice of his or her profession and for which no other maximum amount of remuneration is fixed under this notice | $358 per hour or part of an hour |