ECAD Ordinance 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.