Home Building Regulation 2014

This Regulation is the Home Building Regulation 2014.

This Regulation commences on 15 January 2015 and is required to be published on the NSW legislation website.

In this Regulation—

electricity supply authority has the same meaning as it has in the Gas and Electricity (Consumer Safety) Act 2017.

fee unit—see Part 2 of Schedule 6.

qualified supervisor, for electrical wiring work, has the same meaning as in the Act, section 14.

Supervision Practice Standard means the Supervision Practice Standard for Apprentices in the Electrical Industry published in Gazette No 266 of 12 July 2024.

the Act means the Home Building Act 1989.

warranty period insurance contract—see section 99 (4) of the Act.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

A person is exempt from the requirements of section 4 (Unlicensed contracting) of the Act if the contract concerned is made by or on behalf of—

an exempt corporation and the exempt corporation does not contract to do specialist work only under the contract, or

a general contractor and the general contractor contracts to do specialist work (none of which is residential building work) under the contract and that specialist work is part only of the work to be done under the contract by the general contractor, or

an electricity supply authority and the electricity supply authority contracts under the contract to do only installation, alteration or maintenance work on power lines forming part of an electrical installation.

A person is exempt from the requirements of section 5 (Seeking work by or for unlicensed person) of the Act if the representation concerned is made by or about—

an exempt corporation and the representation does not relate to specialist work only, or

a general contractor and the representation relates to specialist work none of which is residential building work and that specialist work is only part of the work to be done, or

an electricity supply authority and the representation relates only to installation, alteration or maintenance work on power lines forming part of an electrical installation.

In this clause—

electrical installation has the same meaning as it has in the Gas and Electricity (Consumer Safety) Act 2017.

exempt corporation means—

a council or county council within the meaning of the Local Government Act 1993, or

a corporation that is constituted by or under an Act, other than—

a company within the meaning of the Corporations Act 2001 of the Commonwealth, or

a corporation that is subject to control under the Co-operatives (Adoption of National Law) Act 2012 or the Associations Incorporation Act 2009.

general contractor means a contractor who carries on a business the principal object of which is to supply goods or services otherwise than by the doing of specialist work but the supply of which goods or services may incidentally involve the doing of specialist work.

For the purposes of section 7 (1A) of the Act, the prescribed amount is—

for contracts entered into before 1 March 2015—$5,000, and

for contracts entered into on or after 1 March 2015—$20,000.

For the purposes of section 7AAA of the Act, the prescribed amount is—

for contracts entered into before 1 March 2015—$1,000, and

for contracts entered into on or after 1 March 2015—$5,000.

For the purposes of section 7BA (1A) of the Act, the prescribed amount is $20,000.

A contract to do residential building work to which section 7 of the Act applies must include the following—

a checklist in the approved form,

information, in the approved form, that explains the operation of the Building and Construction Industry Security of Payment Act 1999 and the Building and Construction Industry Security of Payment Regulation 2020.

In this clause—

approved form means the form approved by the Secretary.

For the purposes of section 7E of the Act, a contract to do residential building work must include each of the conditions set out in Part 1 of Schedule 3.

For the purposes of section 16DE of the Act, a contract to supply a kit home must include each of the conditions set out in Part 2 of Schedule 3.

This clause does not apply to a contract entered into on or after 1 March 2015.

For the purposes of section 7E (2) (b) of the Act, a relevant contract entered into on or after 1 March 2015 must not contain a term that provides that residential building work under the contract was taken to have commenced prior to residential building work being performed on the land to which the contract relates.

Note.

The above subclause limits the terms that can be included in certain contracts to do residential building work. It does not limit terms in a contract that relate to associated work that is not residential building work.

In this clause—

relevant contract means a contract to do residential building work where the contract price exceeds $20,000 or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds $20,000.

On and from 1 March 2015, the prescribed amount for the purposes of section 8A (1) of the Act is $20,000.