New South Wales Repealed Regulations

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This legislation has been repealed.

HOME BUILDING REGULATION 1997

- Made under the Home Building Act 1989
- As at 30 June 2004
- Reg 439 of 1997

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Notes

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

   4A.     Work excluded from the definition of “building consultancy work”
   5.      “Dwelling”—certain structures and improvements included
   6.      “Dwelling”—certain residential buildings and other structures excluded
   7.      “Residential building work”—installation of certain fixtures and apparatus included
   8.      “Residential building work”—certain work excluded
   9.      “Relevant law” regulating gasfitting or plumbing work
   10.     “Roof plumbing work” defined
   11.     “Air-conditioning work” and “refrigeration work” defined

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

           Division 1 - Contracting for work

   12.     Exemptions relating to contracting and advertising
   13.     Exemptions from requirements for contracts with holders of contractor licences
   13A.    Exemptions from requirements for contracts with holders of building consultancy licences
   13B.    Exemptions relating to provision of information by holders of building consultancy licences
   13C.    Exemptions relating to provision of consumer information
   13D.    Exemptions relating to cooling-off periods in contracts

           Division 2 - Restrictions on who may do certain work

   14.     Exemptions relating to the doing of residential building work
   15.     Exemptions relating to the doing of specialist work
   16.     Exemption relating to the doing of electrical wiring work by apprentices and trainees
   17.     Exemption relating to roof plumbing work

           Division 3 - Supply of kit homes

   18.     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

   19.     Requirements for obtaining contractor licences
   19A.    Requirements for obtaining building consultancy licences
   20.     Requirements for obtaining certificates
   21.     Provisional authorities

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

   22.     Conditions of authorities generally
   23.     Contractor licences generally
   24.     Individual contractor licences
   25.     Partnership contractor licences
   26.     Corporation contractor licences
   26A.    Building consultancy licences
   27.     Qualified supervisor certificates
   28.     Tradesperson certificates
   29.     Further details
   30.     Lost, stolen, defaced or destroyed authorities

           Division 2A - Cancellation

   30A.    Cancellation of contractor licence not compulsory in certain cases

           Division 3 - Renewals, restorations and duplicates

   31.     Renewal and restoration
   32.     Duplicates

           Division 4 - Fees

   33.     Examination fees
   34.     Application fees
   35.     Refund of fees

           Division 5 - Miscellaneous

   36.     Owner-builder permits
   36A.    Categories of residential building work or specialist work
   36B.    Category of building consultancy work
   37.     Exemption from requirement to return authority when conditions are imposed
   38.     Work descriptions on contractor licences or certificates
   38A.    Exemption from requirement to show insurance has been obtained

   PART 5 - INSURANCE REQUIREMENTS

           Division 1 - Preliminary

   39.     Definitions
   40.     Application

           Division 2 - Insurance contracts generally

   41.     Persons who may arrange insurance contracts
   42.     Beneficiaries
   43.     Losses indemnified
   44.     Exclusion of amounts of deposit or progress payment
   45.     Limitations on liability and cover
   46.     Amount of cover where one or more dwellings
   47.     Manner of determining maximum cover
   48.     Period of cover
   49.     Misrepresentation or non-disclosure

           Division 3 - Professional indemnity insurance and other similar insurance

   50.     Period of cover
   51.     Run off cover
   52.     Retroactive operation of insurance

           Division 4 - Miscellaneous

   53.     Time limits for notice of loss or damage
   54.     Refusal of insurance claims
   55.     Insurance appeals
   56.     Certificates evidencing insurance
   56A.    Evidence of acceptance of risk
   57.     Access for work
   57A.    Exemption with respect to certain residential building work
   57AA.   General requirements for insurance
   57AB.   Insurance thresholds
   57AC.   Meaning of “structural defect”
   57B.    Persons entitled to apply for exemptions from insurance requirements
   57BA.   Transitional provision—application of certain amendments
   57BB.   Temporary exemption from section 92B and 93B requirements
   57BC.   Exemptions from insurance for multi-storey buildings

   PART 5A - RESOLUTION OF BUILDING DISPUTES AND BUILDING CLAIMS

   57C.    Application of Division 2 of Part 3A of Act
   57D.    Notifying Tribunal of building dispute
   57E.    Fee for notifying Tribunal of building dispute
   57F.    Costs of assessment
           57G, 57H. (Repealed)
   57I.    Transfer of proceedings to or from other courts or tribunals
   57J.    Warning notice for Tribunal orders

   PART 6 - GENERAL

   58.     Register
   58A.    Review by Administrative Decisions Tribunal
   59.     Conditions to be included in certain contracts
   60.     Certificate evidence
   61.     Proceedings for offences under other Acts
   62.     Displaying of signs
   63.     Advertising
   64.     Hazardous specialist work: do-it-yourself publications and public addresses
   65.     Repeal
   65A.    Transitional provision: applications for renewal or restoration
   66.     Exemption from certificate requirement where work not commenced
   66A.    Exemptions from insurance requirements
   67.     Penalty notice offences
   68.     Requirements for contracts for residential building work
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5


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