New South Wales Consolidated Acts

HOME BUILDING ACT 1989

- As at 1 July 2008
- Act 147 of 1989

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3AA.    Meaning of “close associate” of applicant for, or holder of, licence
   3A.     Application of provisions to developers

   PART 2 - REGULATION OF RESIDENTIAL BUILDING WORK AND SPECIALIST WORK

           Division 1 - Contracting for work

   4.      Unlicensed contracting
   5.      Seeking work by or for unlicensed person
   6.      Application of requirements for contracts
   7.      Form of contracts
   7AA.    Consumer information
   7A.     Offence
   7B.     Copy of contract
   7BA.    Cooling-off period: person may rescind a contract for residential building work within 5 days without penalty
   7BB.    Person may rescind a residential building work contract if cooling-off warning not given
   7C.     Arbitration clause prohibited
   7D.     Interests in land under contract
   7E.     Regulations concerning contracts
   8.      Maximum deposits
   9.      Exhibition homes
   10.     Enforceability of contracts and other rights
   11.     Other rights not affected

           Division 2 - Restrictions on who may do certain work

   12.     Unlicensed work
   13.     Unqualified residential building work
   14.     Unqualified electrical wiring work
   15.     Unqualified refrigeration or air-conditioning work
   16.     Obligations of holders of contractor licences

   PART 2A - REGULATION OF SUPPLY OF KIT HOMES

   16A.    Unlicensed contracting or supplying
   16B.    Promotion by or for unlicensed person
   16C.    Application of requirements for contracts
   16D.    Form of contracts for kit homes
   16DAA.  Consumer information
   16DA.   Offence
   16DB.   Copy of contract
   16DBA.  Cooling-off period: person may rescind a kit home contract within 5 days without penalty
   16DBB.  Person may rescind a kit home contract if cooling-off warning not given
   16DC.   Arbitration clause prohibited
   16DD.   Interests in land under contract
   16DE.   Regulations concerning contracts
   16E.    Maximum deposits
   16F.    Exhibition homes
   16G.    Enforceability of contracts
   16H.    Application of this Part

   PART 2B - REPRESENTATIONS CONCERNING CONTRACTOR LICENCES OR CERTIFICATES

   17.     Misrepresentations about contractor licences or certificates
   18.     Representations, generally

   PART 2C - STATUTORY WARRANTIES

   18A.    Time from when Part applies
   18B.    Warranties as to residential building work
   18C.    Warranties as to work by others
   18D.    Extension of statutory warranties
   18E.    Proceedings for breach of warranties
   18F.    Defence
   18G.    Warranties may not be excluded

   PART 2D - REGULATION OF BUILDING CONSULTANTS

           Division 1 - Contracting for work

   18H.    Unlicensed contracting
   18I.    Seeking work by or for unauthorised person
   18J.    Application of requirements for contracts
   18K.    Form of contracts
   18L.    Consumer information
   18M.    Regulations concerning contracts
   18N.    Offence
   18O.    Copy of contract
   18P.    Arbitration clause prohibited
   18Q.    Interests in land under contract
   18R.    Enforceability of contracts and other rights
   18S.    Other rights not affected

           Division 2 - Restrictions on who may do certain work

   18T.    Unlicensed building consultancy work
   18U.    Obligations of licensees

           Division 3 - Representations concerning building consultancy licences

   18V.    Misrepresentations about building consultancy licences

   PART 3 - LICENCES, BUILDING CONSULTANCY LICENCES AND CERTIFICATES

           Division 1 - Contractor licences

   19.     Application to contractor licences of Licensing and Registration (Uniform Procedures) Act 2002
   20.     Issue of contractor licences
   21.     Authority conferred by contractor licences
   22.     Cancellation of contractor licences
   22A.    Suspension of contractor licences-failure to insure
   22B.    Suspension of contractor licences-appointment of controller or administrator
   23.     Warning notices

           Division 2 - Supervision and tradesperson certificates

   24.     Application to tradesperson and supervisor certificates of Licensing and Registration (Uniform Procedures) Act 2002
   25.     Issue of certificates
   26.     Issue of endorsed contractor licences
   27.     Authority conferred by certificates
   28.     Authority conferred by endorsed contractor licences

           Division 3 - Owner-builder permits

   29.     Definitions
   30.     Application to owner-builder permits of Licensing and Registration (Uniform Procedures) Act 2002
   31.     Issue of owner-builder permits
   32.     Authority conferred by owner-builder permits
   32AA.   Unlicensed contracting

           Division 3A - Building consultancy licences

   32A.    Application to building consultancy licences of Licensing and Registration (Uniform Procedures) Act 2002
   32B.    Issue of building consultancy licences
   32C.    Authority conferred by building consultancy licences
   32D.    Cancellation of building consultancy licences
   32F.    Warning notices

           Division 4 - Provisions relating to contractor licences, certificates, building consultancy licences and owner-builder permits

   33.     Definition
   34.     Updating of applications
   35.     Director-General may obtain information from third parties
   36.     Conditions of authorities
   37.     Restrictions on certain authorities
   38.     Provisional authorities
   39.     (Repealed)
   40.     Renewal or restoration of authorities
   41.     (Repealed)
   42.     Term of licence or certificate
   43.     Cancellation because of fraud etc
   44.     Return of cancelled or varied authority
   45.     (Repealed)
   46.     Transfer prohibited
   46A.    Lending of authority prohibited
   47.     Production of authority
   47A.    Appointment of person to co-ordinate or supervise work if authority suspended, cancelled or surrendered
   48.     Other laws not affected

   PART 3A - RESOLVING BUILDING DISPUTES AND BUILDING CLAIMS

           Division 1 - Definitions

   48A.    Definitions

           Division 2 - Dealing with a building dispute

   48B.    Definitions
   48C.    Notification of building dispute
   48D.    Investigation of dispute
   48E.    Inspector may make rectification order
   48F.    Effect of rectification order
           48G-48HA. (Repealed)

           Division 3 - Making an application for determination of a building claim

   48I.    Application for determination of building claim
   48J.    Certain applications to be rejected

           Division 4 - Jurisdiction in relation to building claims

   48K.    Jurisdiction of Tribunal in relation to building claims
   48L.    Tribunal to be chiefly responsible for resolving building claims
   48M.    Jurisdiction in relation to actions against refusal of insurance claims

           Division 5 - Powers of Tribunal

   48N.    Tribunal may have regard to certain building reports
   48O.    Powers of Tribunal
   48P.    Power to adjourn proceedings where insurable event arises
   48Q.    Power to join persons as parties to proceedings
   48R.    Order must include warning regarding non-compliance
   48S.    Tribunal must inform Director-General of any order made
   48T.    Director-General to be informed of compliance with order
   48U.    Failure to inform of compliance

   PART 4 - DISCIPLINARY PROCEEDINGS

           Division 1 - Interpretation

   49.     (Repealed)
   50.     Application of Part to former holders and others
   51.     Improper conduct: generally
   52.     Improper conduct: assisting others
   53.     Improper conduct: nominated supervisors
   54.     Improper conduct: members of partnerships or officers of corporations

           Division 2 - Disciplinary action

   55.     Definition of “authority”
   56.     Grounds for taking disciplinary action against holder of a contractor licence
   56A.    Grounds for taking disciplinary action against holder of a building consultancy licence
   57.     Grounds for taking disciplinary action against holder of a supervisor or tradesperson certificate
   58.     Complaints about holders of authorities
   59.     Dealing with complaints
   60.     Investigation by Director-General
   61.     Notice to show cause
   61A.    Power to suspend authority when show cause notice served
   62.     Disciplinary action that may be taken by Director-General
   63.     Double jeopardy
   64.     Notice of decision
   65.     When disciplinary action becomes effective
   66.     Return of cancelled, suspended or varied authority
   67.     Enforcement of monetary penalties and payment of costs
   68.     Liability for offences not affected
   69.     Protection if complaint lodged
           Divisions 3-5 - (Repealed)
           None

   PART 4A - REVIEWS BY ADMINISTRATIVE DECISIONS TRIBUNAL

   83A.    Definitions
   83B.    Reviews by Tribunal

   PART 5 - JURISDICTION OF TRIBUNAL REGARDING APPEALS AND UNJUST CONTRACTS

           Division 1 - Appeals

   84.     (Repealed)
   85.     Right of appeal
   86.     Time limits
   87.     Conduct of appeal
   88.     Decision on appeal
   89.     Finality of decision

           Division 2 - (Repealed)
           None

           Division 3 - Unjust contracts

   89D.    Jurisdiction relating to unjust contracts

   PART 6 - HOME WARRANTY INSURANCE

           Division 1 - Home Warranty Insurance Scheme Board

   89E.    Constitution of Home Warranty Insurance Scheme Board
   89F.    Membership of Scheme Board
   89G.    Functions

           Division 2 - Insurance

   90.     Definitions
   91.     When Part applies
   92.     Contract work must be insured
   92A.    Notification of insurer
   92B.    Operation of contract of insurance
   93.     Supply of kit home must be insured
   93A.    Notification of insurer
   93B.    Operation of contract of insurance
   94.     Effect of failure to insure residential building work
   94A.    Effect of failure to insure kit home supply
   95.     Owner-builder insurance
   96.     Insurance in relation to residential building work not carried out under contract
   96A.    Obligations of developers in relation to insurance
   97.     Exemptions from insurance requirements
   98.     Employees and others not required to insure
   99.     Requirements for insurance for residential building work
   100.    Requirements for insurance for kit homes
   101.    Requirements for insurance by owner-builders and others
   101A.   Claim form
   102.    General requirements for insurance
   102A.   Approval of alternative home building indemnity schemes or arrangements
   103.    Requirements for professional indemnity and other insurance
   103A.   Approval of insurance and insurers
   103AA.  Suspension of approval of insurer
   103AB.  Imposition of civil penalty on or censure of insurer
   103AC.  Information regarding insurers
   103AD.  Exchange of information between insurers
   103B.   Period of cover
   103C.   Regulations
   103D.   Part may not be excluded
   103E.   Exemption
   103EA.  False or misleading applications for home warranty insurance

   PART 6A - INSOLVENT INSURERS

           Division 1 - Preliminary

   103F.   Interpretation
   103G.   Insolvent insurers
   103H.   Transitional-payments made by State before commencement of this Part

           Division 2 - Insurance claims indemnified by State

   103I.   Indemnity
   103J.   Enforcement of indemnity provided by State
   103K.   Making claim under indemnity
   103L.   Payment of claims
   103M.   Assignment of rights
   103N.   Guarantee Corporation may require builder to make payments or rectify work
   103O.   Indemnity payments after insolvent insurer dissolved

           Division 3 - Miscellaneous

   103P.   Building Insurers’ Guarantee Fund
   103Q.   Constitution of Guarantee Corporation
   103R.   Minister to manage and control affairs of Guarantee Corporation
   103S.   Functions of Guarantee Corporation
   103T.   Combined financial and other reporting by Guarantee Corporation and Department of Fair Trading
   103U.   Guarantee Corporation may enter into agreements and arrangements with liquidator of an insolvent insurer
   103V.   Recovery of amounts under contracts or arrangements for re-insurance or co-insurance
   103W.   Liquidator to notify Guarantee Corporation of claims
   103X.   Delivery of documents to Guarantee Corporation
   103Y.   Inspection of documents by person authorised by Minister
   103Z.   Guarantee Corporation may take certain legal proceedings
   103ZA.  Disputes regarding decisions of Guarantee Corporation
   103ZB.  Recovery of amounts under guarantees or indemnities

   PART 7 - FAIR TRADING ADMINISTRATION CORPORATION AND ADDITIONAL POWERS OF DIRECTOR-GENERAL

   104.    (Repealed)
   105.    Definitions
   106.    Functions of Director-General under Act
   107.    Constitution of Administration Corporation
   108.    Minister to manage and control affairs of Administration Corporation
   109.    Functions of Administration Corporation
   110.    Transfer of assets, rights and liabilities to Administration Corporation on dissolution of BSC
   111.    Seal of Administration Corporation
   112.    Trust Account
   112A.   Building Insurance Fund
   113.    General Account
   114.    Home Building Administration Fund
   115.    Director-General may make payments

   PART 7A - (Repealed)
   None

   PART 7B - HOME BUILDING ADVISORY COUNCIL

   115B.   Constitution of Advisory Council
   115C.   Functions
   115D.   Membership of Advisory Council

   PART 8 - GENERAL

           Division 1 - Inspections and reports

   116.    Inspections of and reports on dwellings
   117.    Applications
   118.    Rejection of applications
   119.    Liability for report

           Division 2 - Miscellaneous

   120.    Register
   121.    Disclosure of information
   121A.   Secrecy of information obtained from or relating to insurers or proposed insurers
   122.    Delegation
   123.    Service of notices or other documents
   124.    Order for substituted service
   125.    Recovery of charges, fees or money
   126.    Power of entry
   127.    Power to obtain information
   127A.   Power to request name and address of persons undertaking residential building work or specialist work
   128.    Obstruction of officers and others
           129, 130. (Repealed)
   131.    Certificate evidence
   132.    State of mind of and conduct by directors, employees or agents
   133.    Evidence of publication
   134.    Aiding and abetting etc
   135.    Proceedings for certain offences under other Acts
   136.    Offence by employee-liability of employer
   137.    Offence by body corporate-liability of directors etc
   138.    Supreme Court injunction
   138A.   Penalty notices
   139.    Proceedings for offences
   140.    Regulations
   141.    Repeals
   142.    Savings and transitional provisions
   143.    (Repealed)
   144.    Limitation of liability
   145.    Review of Act
           SCHEDULE 1
           Schedule 2A (Repealed)
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5 (Repealed)