(1) A person who does, or enters into a contract to do, residential building
work relating to the construction of a multi-storey building is exempt from
the requirements of Part 6 of the Act in respect of that residential building
work.
(2) A developer who enters into a contract for the sale of land on
which residential building work relating to the construction of a
multi-storey building has been done, or is to be done, is exempt from the
requirements of section 96A of the Act in relation to that residential
building work.
(3) The exemption in subclause (2) does not apply if the
residential building work was contracted to be done before the commencement of
this clause and, at the time the contract was entered into, the work was
required to be insured.
(4) The exemption in subclause (2) extends to a
developer who enters into a contract for the sale of land to the extent that
work relating to the building's construction was contracted to be done before
the commencement of this clause, if, at the time that work was contracted to
be done, it did not relate to the construction of a multi-storey building for
the purposes of the Home Building Regulation 2004 .
(5) This clause does not
apply in respect of residential building work commenced before 31 December
2003 (being the date of commencement of clause 57BC of the Home Building
Regulation 1997 , the corresponding earlier version of this clause).
(6) If a
developer entered into a contract for the sale of land on which residential
building work in relation to a multi-storey building was proposed to be
carried out but was not commenced before 31 December 2003 and the developer
complied with clause 61 in relation to that contract--
(a) the provisions of
the contract complying with clause 61 (b) (ii) and (iii) cease to have effect,
and
(b) the developer must notify the purchaser of the land in writing that
they no longer have effect and of the exemption from the requirements of Part
6 of the Act in relation to the residential building work conferred by this
clause.
