HOME BUILDING CONTRACTS ACT 1991

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used

PART 2 -- Home building work contracts  

• 4 Contracts to be in writing; prescribed explanatory notice to be given
 
• 5 Owner to be given copy of contract
 
• 6 Receipt of documents by owner, proof of
 
• 7 Variation of contract to be in writing and given to owner
 
• 8 Exceptions to s. 7 and related provisions
 
• 9 Building permit etc., implied conditions and terms as to
 
• 10 Deposits and progress payments, limits on terms as to
 
• 11 Defects, implied condition as to liability for
 
• 12 Understatement of prime cost items etc. by builder, offence
 
• 13 Rise-and-fall clause prohibited
 
• 14 Cost plus contracts, requirements as to
 
• 15 Unconscionable etc. conduct by builder as to contract etc.
 
• 15A Misleading or deceptive conduct by builder or owner as to contract

PART 3 -- Remedies  

• 17 Breach of contract or Part 2, or entitlement to compensation, procedure in case of
 
• 19 How contract terminated
 
• 20 Adjustment of rights in certain cases

PART 3A -- Home indemnity insurance and corresponding cover

Division 1 -- Introduction  

• 25A Terms used

Division 2 -- Builders  

• 25B Application of this Division
 
• 25C Builder doing residential building work without insurance or corresponding cover, offence
 
• 25D Insurance policy for this Division, terms of
 
• 25DA Corresponding cover by an approved fund for builders

Division 3 -- Owner-builders  

• 25E Application of this Division
 
• 25F Sale by owner-builder, restrictions on
 
• 25FA Sale by certain owner-builders, further restrictions on
 
• 25G Insurance policy for this Division, terms of
 
• 25GA Corresponding cover by an approved fund for owner-builders

Division 3A -- Approved funds  

• 25GB Approval of fund by Minister
 
• 25GC Certain changes to approved fund require Minister’s consent
 
• 25GD Approval of fund, revoking

Division 4 -- Review  

• 25H Review of this Part by Minister

Division 5 -- Provisions about non-application of sections 25C(1) and (2) and 25F(1)  

• 25J Contracts with builders, builders to give prescribed notice to other party
 
• 25K Sale contract with owner-builder, owner-builder to give prescribed notice to other party
 
• 25L Subsequent purchaser to be given notice given under s. 25J in some cases

PART 4 -- General  

• 26 Inspection by owner etc. of building work, prevention of etc.
 
• 27 Breach of Act, effect of on contract
 
• 28 Contracting out prohibited
 
• 29 Other laws not affected
 
• 30 Liability of officers for offence by body corporate
 
• 31 Prosecutions
 
• 31B Infringement notices
 
• 32 Regulations
 
• 33 Retrospectivity of Act
 
• 34 Review of Act
• SCHEDULE 1 -- Consequences of non-fulfilment of conditions