President's Appointments

President's Appointments

Divisional Presidents Make Appointments

It is the Presidents of the various State and Territory Divisions of the Australian Property Institute who make the appointment of valuers as a dispute resolution mechanism.

If your lease or agreement or court order does not state the President of the NSW Division of the Australian Property Institute (or former name of API - see below for Institute name changes) then you will need to provide written confirmation from both parties or their representatives that they are agreeable to the President of the NSW Division of the Australian Property Institute making the appointment.

Appointments for Rent Reviews for Properties under NSW Retail Leases Act

The Retail Amendments Act 2005 commenced on 1 January 2006 and appointments of specialist retail valuers for rental determinations of retail properties falling under the Act are made by the Administrative Decisions Tribunal (ADT).

Further information is available from the ADT section of the Lawlink website at www.lawlink.nsw.gov.au/lawlink/adt/ll_adt.nsf/pages/adt_index

Appointments for Rent Reviews of Properties not under the NSW Retail Leases Act and for Commercial Properties

The President may make appointments for rental determinations for non-retail properties and retail properties that do not come under the Retail leases legislation.

Many leases contain a clause under which if the parties cannot reach agreement on rent reviews, then the President of the New South Wales Division is requested to make an appointment of a determining valuer.

It should be noted that it is not possible to conduct a rental determination prior to the review date.

Applicants seeking the President to make an appointment of a valuer for a rental determination, must submit the Presidential Appointment Application for Rental Determinations with the required documents and Administration Fee of $550 GST Inclusive. Application can be printed from page bottom

Please note the Valuer's fee is additional to the Administration Fee for the appointment and the valuer's fee.

President's Appointments for Family Law etc

The President may also be requested to make appointments for non-rent review matters such as for Family Law Court matters, deceased estates or compensation.

Applicants seeking such an Appointment must submit a completed Application (Non-rental Determination President Appointment)with the required documents and the administration fee of $550 GST Inclusive. Print the Application from the page bottom

Please note the Valuer's fee is additional to the Administration Fee for the appointment.

Forward the Application etc to Gail Sanders, Executive Officer, Australian Property Institute, Level 3, 60 York St, SYDNEY NSW 2000

Institute Name Changes

The former names of the Australian Property Institute are:

Australian Institute of Valuers & Land Economists

Australian Institute of Valuers & Land Administrators

Australian Institute of Valuers

Commonwealth Institute of Valuers

Enquiries

Contact Georgina Turner, Accounts & Project Officer, API NSW Division
Tel 02 9299 1811
Fax 02 9299 1490

Rental Determination President Appointment Application (Microsoft Word Document - 79k)
Non-rental Determination President Appointment Application (Microsoft Word Document - 77k)