HOME BUILDING REGULATION 2014

Table of Provisions

PART 1 - PRELIMINARY

• 1 Name of Regulation
• 2 Commencement
• 3 Definitions

PART 2 - CONTRACTING FOR RESIDENTIAL BUILDING WORK AND SPECIALIST WORK

• 4 Exemptions relating to contracting and advertising
• 5 Thresholds for contract requirements
6. (Repealed)
• 7 Thresholds for cooling-off period
• 8 Matters for inclusion in contracts to do residential building work
• 9 Conditions to be included in certain contracts (before 1 March 2015)
• 10 Terms of contracts to which section 8A of the Act applies
• 11 Thresholds for maximum progress payments
• 12 Thresholds for residential building work

PART 3 - CONTRACTOR LICENCES, CERTIFICATES AND OWNER-BUILDER PERMITS

Division 1 - Categories of work

• 13 Categories of residential building work
• 14 Categories of specialist work

Division 2 - Authorities

• 15 Conditions of certain contractor licences
• 16 Conditions of supervisor certificates
• 17 Education, training and qualification requirements for issue of owner-builder permits
• 18 Replacement authorities
18A. (Repealed)
• 19 Owner-builder permits
• 20 Work descriptions on contractor licences or certificates
• 21 Disqualifications from holding authorities: corresponding laws
• 22 Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002
• 23 Contractor licences that are not required to be cancelled

Division 3 - Exemptions from restrictions on who may do certain work

• 24 Exemption relating to the doing of residential building work
• 25 Exemption relating to employees of certain corporations
• 26 Exemptions relating to the doing of specialist work
• 27 Exemption relating to the doing of electrical wiring work by apprentices and trainees
• 28 Exemption from requirement for supervisor to be present when unqualified electrical wiring work is done
• 29 Exemption from requirement to return authority when conditions are imposed

PART 4 - RESOLUTION OF BUILDING DISPUTES AND BUILDING CLAIMS

• 30 Transfer of proceedings from other courts
• 31 Warning notice for Tribunal orders

PART 5 - ADVERTISING

• 32 Display of signs when doing work requiring development consent
• 33 Advertising by holders of contractor licences

PART 6 - INSURANCE REQUIREMENTS

Division 1 - Preliminary

• 34 Definitions
• 35 Threshold for warning where no insurance for owner-builder work

Division 2 - Insurance contracts generally

• 36 Persons who may arrange insurance contracts
• 37 Beneficiaries
• 38 Misrepresentation or non-disclosure
• 39 Time within which insurer taken to have accepted claim

Division 3 - Losses indemnified and limitations on liability and cover

• 40 Losses indemnified under insurance contracts (where single contract)
• 40A Losses indemnified under construction period insurance contracts
• 40B Losses indemnified under warranty period insurance contracts
• 41 Exclusion of amounts of deposit or progress payment
• 42 Limitations on liability and cover
• 43 Reduction of liability for failure to enforce statutory warranty

Division 4 - Amount of cover

• 44 Amount of cover where one or more dwellings
• 45 Minimum insurance cover
• 46 Requirements for insurance for residential flat buildings

Division 5 - Miscellaneous

• 46A Notification of insurer
• 46B Enforcement of statutory warranties outside time limits (policies issued from 1 July 2002)
• 47 Time limits for notice of loss or damage
• 48 Refusal of insurance claims
• 49 Insurance appeals
50. (Repealed)
• 51 Evidence of acceptance of risk
• 52 Access for work
• 53 Insurance thresholds
• 54 Maximum insurance excess

Division 6 - Exemptions relating to insurance

• 54A Amendment or cancellation of certain exemptions granted by Authority
• 55 Persons entitled to apply for exemptions from insurance requirements
• 55A Register of exemptions--the Act s 140(2)(l)
• 56 Exemptions from insurance for multi-storey buildings
• 57 Exemption from insurance in relation to retirement villages
• 58 Exemption from insurance for built-in furniture and other work
• 59 Exemptions from insurance for certain community care work funded by State or Commonwealth government
• 59A Exemption from insurance for certain registered charities
• 59B Exemption from insurance--build to rent schemes
• 59C Exemption from insurance for local government
• 60 Exemption from insurance for certain work funded through Teacher Housing Authority of NSW
• 61 Exemption from certificate requirement where work not commenced
• 62 Exemption from requirement to show insurance has been obtained

PART 6A - ALTERNATIVE INDEMNITY PRODUCTS--FIDELITY FUND SCHEMES

Division 1 - Preliminary

• 62A Application
• 62B Persons who may arrange fidelity fund cover
• 62C Information to be provided to an alternative indemnity provider
• 62D Provisions of the Act that apply to alternative indemnity products in same way as to contracts of insurance

Division 2 - Losses covered

• 62E Loss to be covered by fidelity fund cover
• 62F Requirements for fidelity fund cover for residential building work done under contract
• 62G Period of cover to be provided by an alternative indemnity product

Division 3 - Mandatory rules of fidelity fund

• 62H Beneficiaries of fidelity fund
• 62I Misrepresentation or non-disclosure
• 62J Other requirements may be specified in Insurance Guidelines

Division 4 - Losses indemnified and limitations on liability and cover

• 62K Losses indemnified under alternative indemnity contracts (where single contract)
• 62L Losses indemnified under construction period fidelity fund contracts
• 62M Losses indemnified under warranty period fidelity fund contracts
• 62N Exclusion of amounts of deposit or progress payment
• 62O Limitations on liability and cover
• 62P Reduction of liability for failure to enforce statutory warranty
• 62Q Time limits for notice of loss or damage

Division 5 - Amount of cover

• 62R Amount of cover where one or more dwellings
• 62S Minimum cover
• 62T Requirements for cover for residential flat buildings

Division 6 - Claims

• 62U Time limits for alternative indemnity contracts
• 62V Time limit for making claims
• 62W Time within which provider is taken to have accepted claim

Division 7 - Contributions or membership payments

• 62X Insurance Guidelines for the determination of contributions or membership payments
• 62Y Contributions or membership payments
• 62Z Filing of contributions or membership payments
• 62ZA Rejection of contributions or membership payments by Authority

Division 8 - Assignment of obligations

• 62ZB Assignment of obligations following cancellation of licence and in other cases

PART 6B - ALTERNATIVE INDEMNITY PRODUCTS--SPECIALISED INSURANCE ARRANGEMENTS

Division 1 - Preliminary

• 62ZC Application
• 62ZD Persons who may arrange specialised insurance cover
• 62ZE Information to be provided to an alternative indemnity provider
• 62ZF Provisions of the Act that apply to alternative indemnity contracts in same way as to contracts of insurance

Division 2 - Losses covered

• 62ZG Loss to be covered by an alternative indemnity contract
• 62ZH Requirements for alternative indemnity product cover for residential building work done under contract
• 62ZI Period of cover to be provided by an alternative indemnity contract

Division 3 - Mandatory terms of alternative indemnity contracts

• 62ZJ Beneficiaries
• 62ZK Misrepresentation or non-disclosure

Division 4 - Losses indemnified and limitations on liability and cover

• 62ZL Losses indemnified under alternative indemnity contracts (where single contract)
• 62ZM Losses indemnified under construction period alternative indemnity contracts
• 62ZN Losses indemnified under warranty period alternative indemnity contracts
• 62ZO Exclusion of amounts of deposit or progress payment
• 62ZP Limitations on liability and cover
• 62ZQ Reduction of liability for failure to enforce statutory warranty
• 62ZR Time limits for notice of loss or damage

Division 5 - Amount of cover

• 62ZS Amount of cover where one or more dwellings
• 62ZT Minimum cover
• 62ZU Requirements for cover for residential flat buildings

Division 6 - Claims

• 62ZV Time limits for alternative indemnity contracts
• 62ZW Time limit for making claims
• 62ZX Time within which provider is taken to have accepted claim

Division 7 - Charges

• 62ZY Insurance Guidelines for the determination of charges
• 62ZZ Charges
• 62ZZA Filing of charges
• 62ZZB Rejection of charges by Authority

Division 8 - Assignment of contracts

• 62ZZC Assignment of alternative indemnity contracts following cancellation of licence and in other cases

PART 6C - INSURERS AND PROVIDERS

Division 1 - Obligations on licensees

• 62ZZD Contracts of insurance must be securely held by licence holders

Division 2 - Conduct of licensed providers and intermediaries

• 62ZZE False or misleading conduct by providers and certain intermediaries

Division 3 - Payment of contributions by licensees

• 62ZZF Payment of contributions by licensed insurers to Home Building Operational Fund
• 62ZZG Contributions by licensed insurers to Home Building Insurers Guarantee Fund
• 62ZZH Payment of contributions by licensed providers to Home Building Operational Fund
• 62ZZI Contributions by licensed providers to Home Building Insurers Guarantee Fund

Division 4 - Insolvent providers

• 62ZZJ Circumstances in which provider of fidelity fund scheme taken to be insolvent

PART 7 - EXEMPTIONS

• 63 Crown exemption
64. (Repealed)
• 65 Exemption relating to the supply of kit homes

PART 8 - FEES

• 66 Application fees
• 67 Partial refund of application fees for certain licences and certificates
• 68 Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002

PART 8A - PREMISES AFFECTED BY LOOSE-FILL ASBESTOS INSULATION

• 68A Verification of presence of loose-fill asbestos insulation
• 68B Inclusion of unverified premises on the Register
• 68C Warning signs

PART 9 - REGISTER

• 69 Particulars to be included in register

PART 10 - GENERAL

• 69A Major defect in building--external cladding
• 69B Refrigeration work and air-conditioning work
• 69C Application of money in Home Building Administration Fund
• 70 Definition of "relevant law"
• 71 Administrative review by Civil and Administrative Tribunal
• 71A Information sharing
• 71B Secretary's power to waive, reduce, postpone or refund fees
• 72 Certificate evidence
• 73 Proceedings for offences under other Acts
• 74 Penalty notice offences

PART 11 - REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS

• 75 Repeal and savings consequent on that repeal
• 76 Provision consequent on enactment of Home Building Amendment (Compensation Reform) Act 2017
• 77 Transitional--Home Building Amendment (Information) Regulation 2021
Schedule 2 (Repealed)
• SCHEDULE 3
• SCHEDULE 4
Schedule 5B (Repealed)
• SCHEDULE 6
• SCHEDULE 7