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HOME BUILDING CONTRACTS ACT 1991 - SECT 26

HOME BUILDING CONTRACTS ACT 1991 - SECT 26

26 .         Inspection by owner etc. of building work, prevention of etc.

        (1)         A builder under a contract or a person acting on behalf of the builder must not prevent the owner or an authorised person from inspecting the home building work to which the contract relates if the owner or authorised person is acting in accordance with —

            (a)         the contract; and

            (b)         such provisions as are prescribed.

        Penalty: $1 000.

        (2)         A provision in a contract that prohibits or restricts inspection of home building work is void except to the extent that it —

            (a)         restricts inspection to the builder’s normal working hours; or

            (b)         precludes inspection that would unreasonably impede or interfere with the building work.

        (3)         In subsection (1) authorised person means —

            (a)         a person acting on behalf of the owner under an authority in writing; and

            (b)         a person who is providing finance for the home building work or a person acting on behalf of such a person.