1Citation

These regulations may be cited as the Home Building Contracts Regulations 1992.

2Commencement

These regulations come into operation on the day on which the Home Building Contracts Act 1991 comes into operation.

2APrescribed amounts for the purposes of “home building work contract” (section 3(1))

For the purposes of the definition of “home building work contract” in section 3(1) of the Act —

(a)

the prescribed amount for paragraph (b)(ii) of the definition is $7 500; and

(b)

the prescribed amount for paragraph (b)(iii) of the definition is $500 000.

[Regulation 2A inserted: Gazette 29 Jun 2007 p. 3191.]

3Form of notice prescribed

The form of notice set out in Schedule 1 is prescribed for the purpose of section 4(2) of the Act.

3APrescribed payment for cabinetry work (section 10(1)(a)(ii))

(1)

In this regulation —

cabinetry work means —

(a)

the manufacture and installation of kitchen, bathroom, laundry and other custom‑made cabinets and fitments; and

(b)

the refurbishment or repair of kitchen, bathroom, laundry and other fitted cabinets and fitments; but

(c)

does not include the purchase and installation of off‑the‑shelf cabinets;

off‑site work, in respect of home building work, means work performed at a place that is not the place at which the home building work is to be finally installed or constructed under the contract.

(2)

This regulation applies only if —

(a)

a builder enters into a home building work contract in respect of cabinetry work; and

(b)

the value of the off‑site work to be performed under the contract is more than 50% of the total amount payable under the contract.

(3)

For the purposes of section 10(1)(a)(ii), the builder may, before the commencement of the home building work, demand payment of a deposit of not more than 20% of the total amount payable to the builder under the contract.

[Regulation 3A inserted: SL 2020/66 r. 4.]

[4, 4A. Deleted: Gazette 2 Sep 2003 p. 3924.]

5Home indemnity insurance maximum excess

A policy of insurance under Part 3A of the Act may provide for an amount of $500 or a lesser amount for which the insurer is not liable on a claim under the policy.

[Regulation 5 inserted: Gazette 24 Jan 1997 p. 544.]

[6. Deleted: Gazette 8 Apr 2003 p. 1104.]

6APrescribed building service contractors: section 25A

(1)

For the purposes of paragraph (b) of the definition of builder in section 25A the following classes of building service contractor are prescribed —

(a)

building contractor (individual);

(b)

building contractor (partnership);

(c)

building contractor (company).

(2)

For the purposes of paragraph (d)(i) of the definition of owner‑builder in section 25A the following classes of building service contractor are prescribed —

(a)

building contractor (individual);

(b)

building contractor (partnership);

(c)

building contractor (company).

[Regulation 6A inserted: Gazette 26 Aug 2011 p. 3478.]

7Prescribed minimum amount for the purposes of section 25A

For the purposes of section 25A of the Act, the minimum amount is prescribed to be $20 000.

[Regulation 7 inserted: Gazette 17 Jul 1998 p. 3762; amended: Gazette 29 Jun 2007 p. 3191.]

7APrescribed amount of insurance for loss of deposit: builder (section 25D(1)(a)(i))

For the purposes of section 25D(1)(a)(i) of the Act, the prescribed limit is $40 000.

[Regulation 7A inserted: SL 2022/172 r. 4.]

7BPrescribed minimum amount of insurance cover: builder (section 25D(1)(e)(i))

For the purposes of section 25D(1)(e)(i) of the Act, an amount of $200 000 is prescribed.

[Regulation 7B inserted: SL 2022/172 r. 4.]

7CPrescribed minimum amount of insurance cover: owner‑builder (section 25G(1)(c)(i))

For the purposes of section 25G(1)(c)(i) of the Act, an amount of $200 000 is prescribed.

[Regulation 7C inserted: SL 2022/172 r. 4.]

8Prescribed offences and modified penalties (section 31B(2) and (4))

(1)

For the purposes of section 31B(2) of the Act, an offence against a provision of the Act specified in column 2 of the Table to this regulation is an offence for which an infringement notice may be given.

(2)

For the purposes of section 31B(4) of the Act, the amount specified in column 3 of the Table to this regulation opposite a provision of the Act specified in column 2 of that Table is the modified penalty for an offence against that provision.

Table

Column 1 Item	Column 2 Provision of Act	Column 3 Modified penalty
1.	section 4(4)	$400
2.	section 5(2)	$100
3.	section 5(3)	$1 000
4.	section 7(3)	$100
5.	section 10(1)	$1 000
6.	section 10(5)	$1 000
7.	section 12(1)	$1 000
8.	section 13(1)	$1 000
9.	section 14(1)	$1 000
10.	section 25C(1)	$2 000
11.	section 25C(2)	$500
12.	section 25F	$2 000
13.	section 26(1)	$200

[Regulation 8 inserted: Gazette 31 Jul 2001 p. 3947‑8.]

Home Building Contracts Regulations 1992

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