• Specific Year
    Any

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.]