New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004 - REG 9

9 Definition of “residential building work”-certain work excluded

(1) For the purposes of the definition of "residential building work" in section 3 (1) of the Act, the following is declared to be excluded from that definition:

(a) any work (other than specialist work) the reasonable market cost of the labour and materials involved in which does not exceed $1,000 (inclusive of GST),

(b) any work (other than specialist work) involved in the manufacturing of moveable dwellings, within the meaning of the Local Government Act 1993 (other than moveable dwellings that are manufactured homes, within the meaning of that Act),

(c) any work (other than specialist work) involved in the site preparation for, or the assembling or erection on site of, moveable dwellings excluded by paragraph (b), unless the work requires development consent,

(d) any work referred to in paragraph (c) done in relation to land on which a council has authorised a moveable dwelling to be placed by issuing an approval under the Local Government Act 1993 , whether or not a development consent is also required,

(e) subject to subclause (2), any work that would otherwise be residential building work but that by or under an Act (other than the Home Building Act 1989 ) a person is prohibited from doing unless the person is the holder of a contractor licence or another authority under that other Act,

(f) subject to subclause (3), any work (other than specialist work) done in relation to the removal and transport of a dwelling,

(g) the supervision only of residential building work:

(i) by a person registered as an architect under the Architects Act 1921 or the Architects Act 2003 , or

(ii) by a person supervising owner-builder work for no reward or other consideration, or

(iii) by any other person, if all the residential building work is being done or supervised by the holder of a contractor licence authorising its holder to contract to do that work,

(h) demolition work,

(i) any work involved in the installation of any material that forms an upper layer or wearing surface of a floor (even if installed as a fixture) that does not include any structural changes to the floor,

(j) any work that involves the installation or maintenance of any fixed apparatus such as a lift, an escalator, an inclinator or a garage door by means of which persons or things are raised or lowered or moved in some direction that is restricted by fixed guides.

(2) Work referred to in subclause (1) (e) is not excluded from the definition of "residential building work" if it is part only of the work to be done under a contract to do residential building work.

(3) Work referred to in subclause (1) (f) is not excluded from the definition of "residential building work" if it is part only of the work to be done under a contract to do residential building work at the new site of the dwelling (whether or not that work is done under the same contract as the contract to remove and transport the dwelling).