Home Building Contracts Act 1991

associated work includes site works, swimming pools, spas, pergolas, carports, garages, sheds, fencing, retaining walls, paving, driveways, landscaping and other like works;

builder means a person who carries on, or 2 or more persons who together carry on, a business which consists of or includes the performing of home building work for others;

Builders’ Registration Board means the Builders’ Registration Board constituted under the repealed Act;

Building Commissioner means the officer referred to in the Building Services (Complaint Resolution and Administration) Act 2011 section 85;

building licence means building licence issued under the Local Government (Miscellaneous Provisions) Act 1960 section 374 before that provision was deleted by the Building Act 2011 section 153(2);

building permit means building permit as defined in the Building Act 2011 section 3;

construct in relation to a dwelling means perform any work commencing with the preparation of the site and ending with the completion of the dwelling (including any associated work) and includes —

contract means a home building work contract;

cost plus contract means a contract under which a builder is entitled to recover an amount excluding prime cost items and provisional sums that is not determined at the time when the contract is entered into, being an amount that includes the actual cost to be incurred in —

specified in the contract, together with an additional amount that comprises either —

or both;

date of the contract or date of the variation means the day on which the contract or variation was signed by the last party to sign it;

dwelling means a building occupied or intended for occupation solely or mainly as a place of residence;

home building work means the whole or part of the work of —

home building work contract means a contract between a builder and an owner for the performance by the builder of home building work, but does not include —

owner in relation to a contract means the person for whom or which home building work is to be performed under the contract;

perform in relation to home building work includes —

prescribed means prescribed by regulations;

repealed Act means the Builders’ Registration Act 1939;

strata/community title dwelling means a building or part of a building, occupied or intended for occupation solely or mainly as a place of residence, that is erected on a lot within the meaning of the Community Titles Act 2018 or the Strata Titles Act 1985;

working days means Monday to Friday but excluding in respect of home building work to be carried out in any area a day that is a public holiday in that area or throughout the State.

[Section 3 amended: No. 58 of 1995 s. 97; No. 76 of 2000 s. 44; No. 37 of 2002 s. 5; No. 16 of 2011 s. 113; No. 19 of 2011 s. 148; No. 32 of 2018 s. 214.]