Home Building Act 1989

In this Act, residential building work means any work involved in, or involved in co-ordinating or supervising any work involved in—

the construction of a dwelling, or

the making of alterations or additions to a dwelling, or

the repairing, renovation, decoration or protective treatment of a dwelling.

Each of the following is included in the definition of residential building work—

roof plumbing work done in connection with a dwelling,

specialist work done in connection with a dwelling,

work concerned in installing in a dwelling any fixture or fixed apparatus that is designed for the heating or cooling of water, food or the atmosphere or for air ventilation or the filtration of water in a swimming pool or spa (or in adding to, altering or repairing any such installation).

Each of the following is excluded from the definition of residential building work—

any work (other than specialist work) the reasonable market cost of the labour and materials involved in which does not exceed the amount prescribed by the regulations,

any work (other than specialist work) involved in the manufacturing of a moveable dwelling, within the meaning of the Local Government Act 1993 (other than a moveable dwelling that is a manufactured home within the meaning of that Act),

any work involved in the manufacture, assembly or erection of a moveable dwelling that is a manufactured home within the meaning of the Local Government Act 1993, other than—

specialist work, or

work involving the connecting together on the site on which the manufactured home is installed of its major sections and any associated structures forming part of the manufactured home and attaching them to footings,

any work (other than specialist work) involved in the site preparation for, or the assembling or erection on site of, a moveable dwelling excluded by paragraph (b), unless the work requires development consent,

any work referred to in paragraph (d) done in relation to land on which a council has authorised a moveable dwelling to be placed by issuing an approval under the Local Government Act 1993, whether or not a development consent is also required,

any work that would otherwise be residential building work but that by or under another Act a person is prohibited from doing unless the person is the holder of a contractor licence or another authority under that other Act, but subject to subclause (4),

internal painting work, but subject to subclause (5),

any work (other than specialist work) done in relation to the removal and transport of a dwelling, but subject to subclause (6),

the supervision only of residential building work—

by a person registered as an architect under the Architects Act 2003, or

by a person supervising owner-builder work for no reward or other consideration, or

by any other person, if all the residential building work is being done or supervised by the holder of a contractor licence authorising its holder to contract to do that work,

demolition work,

any work involved in the installation of any material that forms an upper layer or wearing surface of a floor (even if installed as a fixture) and that does not involve any structural changes to the floor, but not including work involved in the installation of floor tiles unless the regulations otherwise provide,

any work that involves the installation or maintenance of any fixed apparatus such as a lift, an escalator, an inclinator or a garage door by means of which persons or things are raised or lowered or moved in some direction that is restricted by fixed guides.

Work referred to in subclause (3)(f) is not excluded from the definition of residential building work if it is part only of the work to be done under a contract to do residential building work.

Internal painting work is not excluded from the definition of residential building work (under subclause (3)(g)) if it is part only of the work to be done under a contract to do residential building work.

Work referred to in subclause (3)(h) is not excluded from the definition of residential building work if it is part only of the work to be done under a contract to do residential building work at the new site of the dwelling (whether or not that work is done under the same contract as the contract to remove and transport the dwelling).

The regulations may—

declare any work to be included in the definition of residential building work, or

declare any work to be excluded from the definition of residential building work.