New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004

- Made under the Home Building Act 1989
- As at 1 July 2009
- Reg 595 of 2004

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Interpretation

   PART 2 - PRESCRIPTIONS FOR THE PURPOSES OF DEFINITIONS IN THE ACT

   4.      Work excluded from the definition of “building consultancy work”
   5.      Definition of “dwelling”-certain structures and improvements included
   6.      Definition of “dwelling”-certain residential buildings and other structures excluded
   7.      Definition of “relevant law”
   8.      Definition of “residential building work”-installation of certain fixtures and apparatus included
   9.      Definition of “residential building work”-certain work excluded
   10.     “Roof plumbing work” defined
   11.     “Air-conditioning work” and “refrigeration work” defined

   PART 3 - REGULATION OF RESIDENTIAL BUILDING WORK, SPECIALIST WORK, BUILDING CONSULTANCY WORK AND THE SUPPLY OF KIT HOMES

           Division 1 - Contracting for work

   12.     Conditions to be included in certain contracts
   13.     Requirements for contracts for residential building work
   14.     Exemptions relating to contracting and advertising
   15.     Exemptions from requirements for contracts with holders of contractor licences
   16.     Exemptions relating to provision of consumer information
   17.     Exemptions relating to cooling-off periods in contracts
   18.     Exemptions from requirements for contracts with holders of building consultancy licences
   19.     Exemptions relating to provision of information by holders of building consultancy licences

           Division 2 - Restrictions on who may do certain work

   20.     Exemption relating to the doing of residential building work
   21.     Exemption relating to employees of certain corporations
   22.     Exemptions relating to the doing of specialist work
   23.     Exemption relating to the doing of electrical wiring work by apprentices and trainees

           Division 3 - Supply of kit homes

   24.     Exemptions relating to the supply of kit homes

   PART 4 - CONTRACTOR LICENCES, BUILDING CONSULTANCY LICENCES, CERTIFICATES AND OWNER-BUILDER PERMITS

           Division 1 - Requirements to obtain contractor licences, building consultancy licences and certificates

   25.     General requirements for obtaining certain authorities under Act
   26.     Additional requirements for obtaining contractor licences
   27.     Additional requirements for obtaining building consultancy licences
   28.     Additional requirements for obtaining certificates
   28A.    Disqualifications from holding authorities
   29.     Provisional authorities

           Division 2 - Conditions of contractor licences, building consultancy licences and certificates

   30.     Conditions of authorities generally
   31.     Contractor licences generally
   32.     Individual contractor licences
   33.     Partnership contractor licences
   34.     Corporation contractor licences
   35.     Building consultancy licences
   36.     Qualified supervisor certificates and tradesperson certificates
   37.     Further details
   38.     Lost, stolen, defaced or destroyed authorities

           Division 3 - Cancellation

   39.     Cancellation of contractor licence not compulsory in certain cases

           Division 4 - Renewals, restorations and replacements

   39A.    General requirements for renewal or restoration of authorities
   40.     Renewal and restoration of certain contractor licences and supervisor certificates
   41.     Replacement authorities

           Division 5 - Fees

   42.     Application fees
   42A.    Refund of application fees for certain 3-year licences and certificates
   42B.    Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002
   43.     Examination fees
   44.     Refund of examination fees

           Division 6 - Miscellaneous

   45.     Owner-builder permits
   46.     Categories of residential building work or specialist work
   47.     Category of building consultancy work
   48.     Exemption from requirement to show insurance has been obtained
   49.     Exemption from requirement to return authority when conditions are imposed
   50.     Work descriptions on contractor licences or certificates
   51.     Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002

   PART 5 - INSURANCE REQUIREMENTS

           Division 1 - Preliminary

   52.     Definitions
   53.     Application

           Division 2 - Insurance contracts generally

   54.     Persons who may arrange insurance contracts
   55.     Beneficiaries
   56.     Losses indemnified
   57.     Exclusion of amounts of deposit or progress payment
   58.     Limitations on liability and cover
   58A.    Reduction of liability for failure to enforce statutory warranty
   59.     Amount of cover where one or more dwellings
   60.     Minimum insurance cover
   61.     Period of cover
   62.     Misrepresentation or non-disclosure
   62A.    Time within which insurer taken to have accepted claim

           Division 3 - Miscellaneous

   63.     Time limits for notice of loss or damage
   63A.    (Repealed)
   64.     Refusal of insurance claims
   65.     Insurance appeals
   66.     Certificates evidencing insurance
   67.     Evidence of acceptance of risk
   68.     Access for work
   69.     Requirements for insurance for residential flat buildings
   70.     Insurance thresholds
   71.     Meaning of “structural defect”
   72.     Persons entitled to apply for exemptions from insurance requirements
   73.     Temporary exemption from section 92B and 93B requirements
   73A.    (Repealed)
   74.     Exemptions from insurance for multi-storey buildings
   75.     Exemption from insurance in relation to retirement villages
   76.     Exemption from insurance for certain work funded through Department of Ageing, Disability and Home Care
   76A.    Exemption from insurance for certain work funded through Teacher Housing Authority of NSW
   77.     Exemption from certificate requirement where work not commenced

   PART 6 - RESOLUTION OF BUILDING DISPUTES AND BUILDING CLAIMS

   78.     Transfer of proceedings from other courts
   79.     Warning notice for Tribunal orders

   PART 7 - GENERAL

   80.     Register
   81.     Review by Administrative Decisions Tribunal
   82.     Certificate evidence
   83.     Proceedings for offences under other Acts
   84.     Display of signs
   85.     Advertising
   86.     Hazardous specialist work: do-it-yourself publications and public addresses
   87.     Penalty notice offences
   88.     Savings
   89.     Exemptions-Bonnyrigg Living Communities Project
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6