Rental Weatherization (Stipulations)
Purpose: Starting January 1, 1985, most residential properties in Wisconsin have had to meet minimum energy conservation standards at the time of ownership transfer. Private state-certified inspectors are hired by owners to check properties for compliance with the standards. The Register of Deeds in your county will not record the transfer of a property unless:
– An inspector has certified the property; or
– The buyer has filed a Stipulation to bring it up to Code within a year; or
– The property or transfer is shown on the Real Estate Transfer Return to be excluded from the Code; or
– The buyer has filed a Waiver with the Department of Safety and Professional Services (DSPS) stating that the building will be demolished within two years.
What is a Stipulation: A stipulation is an agreement between the purchaser of a rental property and the State of Wisconsin, in which the the buyer accepts the responsibility for bringing the building into compliance within one years time. By signing a Stipulation the buyer agrees that a Certificate of Compliance will be obtained within 1 year after transfer. The Stipulation form is obtained from DSPS or a DSPS agent. The completed stipulation must be presented to DSPS or a DSPS agent for validation prior to recording by the Register of Deeds. The Milwaukee County Register of Deeds Office charges a $30.00 validation fee. (This fee is separate from recording fees.)
What is a Waiver: If demolition of a structure is planned within two years of transfer, an owner can apply for a Waiver, which will allow transfer of the property without meeting the weatherization standards. The Waiver form can be obtained from DSPS or a DSPS agent. The completed Waiver must be presented to DSPS or a DSPS agent for validation prior to recording by the Register of Deeds. The Milwaukee County Register of Deeds Office charges a $30.00 validation fee. (This fee is separate from recording fees.)
Validating a stipulation or Waiver: Completed stipulations may be mailed in or in-person. Along with the original stipulation form, we will also need to view your conveyance document and real estate transfer return receipt.
For more information you may visit the DSPS website or call our office at 414-278-4011
Important Information for Buyers & Sellers