Note : Section 3B provides for the date of
completion of other residential building work.
(2) The completion of
residential building work to which this section applies occurs on--
(a) the
date of issue of an occupation certificate that authorises the occupation and
use of the whole of the building, unless paragraph (b) applies, or
(b) the
occurrence of some other event that is prescribed by the regulations as
constituting completion of the work.
(3) If a contract to do residential
building work (the
"primary contract" ) comprises the construction of 2 or more separatebuildings, the date of completion of that work is to be determined as if there
were a separate contract for each separatebuilding (with each contract on the
same terms as the primary contract) so that the work for each building will
have a separate completion date. For the purposes of this section, a building
is
"separate" if it is reasonably capable of being used and occupied separately
from any other building.
Note : Separatebuildings can still have the same
completion date if they are completed at the same time.
(4) This section
applies for the purpose of determining when completion of residential building
work occurs for the purposes of any provision of this Act, the regulations or
a contract of insurance under Part 6.
(5) In this section--
"building" means any structure that, as a new building, requires the issue of
an occupation certificate to authorise its use and occupation.
Note : A swimming pool,
tennis court or detached garage can be a building for the purposes of this
section if an occupation certificate is required to authorise its use and
occupation. If a structure in a strata scheme does not require an
occupation certificate, section 3B will apply to it instead of section 3C.