Western Australian Consolidated Acts

HOME BUILDING CONTRACTS ACT 1991 - SECT 25A

25A .         Interpretation

                In this Part —

        approved fund means a fund that is approved under section 25GB;

        builder includes, in addition to the meaning given by the definition in section 3(1), a person who is registered under the Builders’ Registration Act 1939 , whether or not the person carries on a business referred to in that definition;

        building contract means —

            (a)         a residential building work contract; or

            (b)         a cost plus contract between a builder and another person for the performance by the builder of residential building work but does not include a contract for the performance by a builder of residential building work for another builder who is in turn obliged to perform the work under another contract;

        corresponding cover  —

            (a)         in relation to residential building work performed by a builder, means the cover referred to in section 25DA; and

            (b)         in relation to residential building work performed by an owner-builder, means the cover referred to in section 25GA;

        cost of the building work means —

            (a)         in relation to residential building work performed by a builder under a residential building work contract, the amount payable under the contract; or

            (b)         in relation to residential building work performed —

                  (i)         by a builder on behalf of another person where the work is not performed under a residential building work contract;

                  (ii)         by a builder on the builder’s own behalf; or

                  (iii)         by an owner-builder,

                the estimated cost of construction specified in the application for a building licence under Part XV of the Local Government (Miscellaneous Provisions) Act 1960 ;

        developer means a person for whom residential building work is performed under a building contract in relation to 4 or more dwellings;

        insolvency means —

            (a)         in relation to a natural person, insolvent under administration as that expression is defined in the Corporations Act 2001 of the Commonwealth;

            (b)         in relation to a body corporate, subject to external administration under the Corporations Act 2001 of the Commonwealth;

        minimum amount means $10 000 or such other amount as is prescribed to be the minimum amount for the purposes of this section;

        owner-builder , in relation to a dwelling, means —

            (a)         a person who constructs the dwelling under a building licence issued to that person in accordance with section 4A(1)(c) of the Builders’ Registration Act 1939 ; or

            (b)         a person who —

                  (i)         is registered under the Builders’ Registration Act 1939 ;

                  (ii)         constructs the dwelling for himself or herself as his or her principal place of residence and not for immediate sale; and

                  (iii)         was issued a building licence for the residential building work for the dwelling when no policy of insurance that complies with Division 2 was in force, or no corresponding cover (of the type referred to in section 25DA) was provided by an approved fund, in relation to the residential building work;

        rescind , in relation to a contract, means to avoid the contract as from its beginning;

        residential building work means home building work that is —

            (a)         home building work described in paragraph (a), (b) or (c) of the definition of that term in section 3; or

            (b)         home building work described in paragraph (d) of the definition of that term in section 3, when —

                  (i)         it is to be performed under a contract which also includes the performance of home building work described in paragraph (a), (b) or (c) of that definition; or

                  (ii)         it is associated work of a prescribed kind;

                but does not include home building work where the cost of the building work is the minimum amount or less;

        residential building work contract means a contract, other than a cost plus contract, between a builder and another person for the performance by the builder of residential building work but does not include a contract for the performance by a builder of residential building work for another builder who is in turn obliged to perform the work under another contract;

        sale contract , in respect of residential building work performed by a builder or owner-builder, means a contract to sell or otherwise dispose of —

            (a)         a dwelling constructed by the builder or the owner-builder; or

            (b)         the land on which the building is constructed;

        settlement means the time at which the obligations under a sale contract are completed to the extent that the purchaser under the contract is entitled to be registered as the proprietor of the dwelling or land.

        [Section 25A inserted by No. 72 of 1996 s. 5; amended by No. 10 of 2001 s. 220; No. 37 of 2002 s. 9.]

        [Heading inserted by No. 72 of 1996 s. 5.]