HOME BUILDING CONTRACTS ACT 1991 - SECT 9
HOME BUILDING CONTRACTS ACT 1991 - SECT 9
9 . Building permit etc., implied conditions and terms as to
(1) Subject to
subsection (5) every contract is conditional upon —
(a) a
building permit being granted, in respect of the home building work included
in the contract, within 45 working days from the date of the contract; and
(b)
where a condition is attached to the permit which will result in a variation
of the contract, the owner and the builder acknowledging in writing within
that period that each of them accepts that condition; and
(c) it
becoming lawful under the Water Services Act 2012 section 82, within 45
working days from the date of the contract, for the home building work to be
commenced; and
(d)
where a direction is given by a licensee under the Water Services Act 2012
section 82 in connection with the carrying out of the work which will result
in a variation of the contract, the owner and the builder acknowledging in
writing within that period that each of them accepts that direction.
(2) It is a term of
every contract that —
(a) the
builder will —
(i)
do all things that are reasonably necessary to be done to
ensure that any condition referred to in subsection (1)(a) and (c) applicable
to the contract is fulfilled; and
(ii)
not unreasonably decline to accept a condition or
direction referred to in subsection (1)(b) or (d) that applies to the
contract;
(b) the
owner will —
(i)
do all such things as may be required to be done by the
owner to ensure that any condition referred to in subsection (1)(a) and (c)
applicable to the contract is fulfilled; and
(ii)
not unreasonably decline to accept a condition or
direction referred to in subsection (1)(b) or (d) that applies to the
contract.
(3) If a builder
properly submits to the relevant authorities within 20 working days after the
date of the contract all necessary applications required for the purpose of
having conditions referred to in subsection (1)(a) and (c) fulfilled, the
builder is to be taken to have complied with the builder’s obligations
under subsection (2)(a)(i).
(4) If a condition
implied by subsection (1) is not fulfilled the consequences to, and the rights
and remedies of, the parties are as set out in Schedule 1.
(5) A condition
referred to in a paragraph of subsection (1) does not apply to a contract
—
(a) to
the extent that the subject matter of the condition was completed before the
contract was entered into; or
(b)
where the only work to be performed under the contract is the construction or
carrying out of associated work; or
(c) for
any other prescribed home building work.
[(6) Deleted.]
[Section 9 amended: No. 73 of 1995 s. 188; No. 14
of 1996 s. 4; No. 76 of 2000 s. 47; No. 37 of 2002 s. 6; No. 24 of 2011 s.
163(4) and (5); No. 25 of 2012 s. 217.]