HOME BUILDING ACT 1989 - SECT 18D
Extension of statutory warranties
HOME BUILDING ACT 1989 - SECT 18D
Extension of statutory warranties
18D Extension of statutory warranties
(1) A person who is a successor in title to a person entitled to the benefit
of a statutory warranty under this Act is entitled to the same rights as the
person's predecessor in title in respect of the statutory warranty.
(1A) A
person who is a non-contracting owner in relation to a contract to do
residential building work on land is entitled (and is taken to have always
been entitled) to the same rights as those that a party to the contract has in
respect of a statutory warranty.
(1B) Subject to the regulations, a party to
a contract has no right to enforce a statutory warranty in proceedings in
relation to a deficiency in work or materials if the warranty has already been
enforced in relation to that particular deficiency by a non-contracting owner.
(2) This section does not give a successor in title or non-contracting owner
of land any right to enforce a statutory warranty in proceedings in relation
to a deficiency in work or materials if the warranty has already been enforced
in relation to that particular deficiency, except as provided by the
regulations.
