DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 43 Requirements concerning display home contracts
DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 43
Requirements concerning display home contracts(1) In this section "display home" means a home that is made available for inspection to encourage people to enter into contracts for the construction of similar homes.
(2) A person who makes a display home available for inspection must ensure that the following documents are prominently displayed in the display home—
(a) a copy of the plans and specifications used for its construction; and
(b) a draft copy of the major domestic building contract that the builder on whose behalf the display home is displayed would be prepared to enter to construct a similar home.
Penalty: 50 penalty units.
Default penalty: 1 penalty unit for each day.
(3) If—
(a) a display home is made available for inspection by or on behalf of a builder; and
(b) a building owner enters into a contract with the builder for the construction of a similar home—
the builder must construct the home using the same plans and specifications and to at least the same standards of work quality and quality of materials as were used for the construction of the display home.
Penalty: 50 penalty units.
(4) However, subsection (3) does not apply to the extent that the contract specifically identifies how the construction of the home will differ from that of the display home.
(5) This section applies to any building suitable
for use as a home, regardless of whether it is being used as a home at the
time it is displayed.
Pt 3A (Heading and ss 43A–43F) inserted by No. 36/2002 s. 3, amended by Nos 30/2003 s. 84, 108/2004 s. 117(1)(Sch, 3 item 58), 34/2013 s. 35(Sch. 2 item 2.2), repealed by No. 15/2016 s. 6, new Pt 3A (Heading and new ss 43A, 43B) inserted by No. 4/2024 s. 5.
Part 3A—Offences related to major domestic building contracts and domestic building insurance
New s. 43A inserted by No. 4/2024 s. 5.