Home Building Contracts Act 1991

Subject to this section, this Division applies to residential building work that is, or is to be, performed by a builder on behalf of another person or on the builder’s own behalf.

This Division does not apply to residential building work for which a building licence was issued before the commencement of the Home Building Contracts Amendment Act 1996.

This Division does not apply to residential building work that is, or is to be, performed by a builder who is a natural person, if —

the residential building work is to construct a dwelling for the builder as his or her principal place of residence and not for immediate sale; and

the builder —

had given to the Builders’ Registration Board a statutory declaration verifying that he or she had not, within the last 6 years, obtained a building licence for residential building work; or

has given to the Building Commissioner a statutory declaration verifying that he or she has not, within the last 6 years, obtained a building licence or a building permit for residential building work,

The Minister may order that subsection (3)(b) has effect in relation to particular residential building work as if the 6 year period referred to were reduced to the lesser period specified in the order, if the Minister is satisfied that —

the application for the order arises from a change in the circumstances of the person; and

the person would suffer hardship if the application were refused.

This Division does not apply to residential building work if —

a building permit under the Building Act 2011 is not required for the work; or

if a building permit is required for the work — the work is not, or is not part of, a prescribed building service under the Building Services (Registration) Act 2011 section 3.

In subsection (3) —