HOME BUILDING CONTRACTS ACT 1991 - SECT 25A
HOME BUILDING CONTRACTS ACT 1991 - SECT 25A
25A . Terms used
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 —
(a) was
registered under the repealed Act; or
(b) is a
building service contractor in a class of building service contractor
prescribed by the regulations,
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;
building service contractor has the meaning given
in the Building Services (Registration) Act 2011 section 3;
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; or
(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 permit;
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 repealed Act; or
(b) a
person who —
(i)
was registered under the repealed Act; and
(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;
or
(c) a person who
—
(i)
has owner-builder approval under the Building Services
(Registration) Act 2011 section 45 to carry out residential building work for
the dwelling; and
(ii)
is issued a building licence or granted a building permit
for the residential building work;
or
(d) a
person who —
(i)
is a building service contractor in a class of building
service contractor prescribed by the regulations for the purpose of this
definition; and
(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 or granted a building
permit 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: No. 72 of 1996 s. 5;
amended: No. 10 of 2001 s. 220; No. 37 of 2002 s. 9; No. 19 of 2011 s. 149;
No. 24 of 2011 s. 163(6); No. 47 of 2011 s. 22.]
[Heading inserted: No. 72 of 1996 s. 5.]