Builders Licensing Regulations 1987 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

BUILDERS LICENSING REGULATIONS, 1987

lhese regulations are reprinted pursuant to the Subordinate Legislation Act 1978 and incorporate

all amendments in force as at 8 February 1995.

It should be noted that the regulations were not revised for obsolete references, etc.) prior to the publication of this reprint.

(Reprint No. 1)

ii	Builders Licensing Regulations, 1987
SUMMARY OF PROVISIONS

Citrn'on

reg. 1

Commencement

reg. 2

Revocation of earlier regulations

reg. 3

Definitions

reg. 4

Exemptions

reg. 5 reg. 5a

F o m

reg. 6

Fees

reg. 7

Advertising of applicnh'ons 0s. 10(3) and 15(3) of the Act)

reg. 8

Annual Fees and Returns (see sections 11 and 17 of the Act)

reg. 9

Licences and cem~cales-amendme~u and copies

reg. 10

Notice under section 23(1)0)

reg. 11

Unliquidated amounts under contracts

reg. 12

Authorized payments under section 25(l)(b)

reg. 13

Certificate as to insurance (see section 29)

reg. 14

Business of a deceased licensee (see section 12)

reg. 15

Commercial Registrar to be nonped of certain maners

reg. 16

Address for service (see section 46(2)

reg. 17

Limitations on insurers' liability (see section 30)

reg. 18

SCJEDULE 1

Building work is classifred iiuo the folbwing trades

(Reprinr No. I )

Builders Licensing Regulations, 1987 iii

SCHEDULE 2

Form

SCHEDULE 3

Fees

APPENDIX

LEGISLATIVE HISTORY

REGULATIONS UNDER THE BUILDERS

LICENSING ACT, 1986

BUILDERS LICENSING REGULATIONS, 1987

being

No. 37 of 1987: Gaz. 26 March 1987, p. 752'

as varied by

No. 167 of 1987: Gaz. 23 July 1987, p. 217

No. 192 of 1987: Gaz. 20 August 1987, p. 569

No. 230 of 1987: Gaz. 24 September 1987, p. 952

No. 144 of 1988: Gaz. 28 July 1988, p. 565'

No. 56 of 1989: Gaz. 27 April 1989, p. 1155

No. 66 of 1989: Gaz. 18 May 1989, p. 1348

No. 100 of 1989: Gaz. 29 June 1989, p. 1764)

No. 143 of 1989: Gaz. 20 July 1989, p. 141

No. 103 of 1990: Gaz. 21 June 1990, p. 16724

No. 178 of 1990: Gaz. 30 August 1990, p. 736

No. 244 of 1990: Gaz. 13 December 1990, p. 1766

No. 132 of 1991: Gaz. 27 June 1991, p. 2237'

No. 138 of 1992: Gnz. 25 June 1992, p. 201Z6

No. 130 of 1993: Gaz. 24 June 1993, p. 2082'

No. 64 of 1994: Gaz. 2 June 1994, p. 16128

Came into operation 1 May 1987: reg. 2.

Came into operation 1 August 1988: reg. 2.

Came into operation 1 July 1989: reg. 2.

Came into operation 1 July 1990: reg. 2.

Came into operation 1 July 1991: reg. 2.

Came into operation 1 July 1992: reg. 2.

Came into operation 1 July 1993: reg. 2.

Came into operation 1 July 1994: reg. 2.

NOTE:

Asterisks indicate repeal or deletion of text.

For the legislative history of ?he regulatiorrr see Appeidir. Entries appearing in the

Appendix in bold type indicate the amendments incorporated since the last reprinr.

(Reprint No. 1)

2   Builders Licensing Regulations, 1987

1. These regulations may be cited as the Builders Licensing Regulations, 1987.

Commencement

2. These regulations will come into operation on 1 May, 1987.

Revocation of earlier regulations i

3. The following regulations are revoked:

(a)	the Builders Licensing Advisory Committee Regulations, 1968 (see Gazette, 11 April, 1968, p. 1196) as varied;
(b)	the Builders Licensing Board Regulations, 1971 (see Gazette, 8 April, 1971, p, 1557) as (

varied;

(c)	the Builders Appellate and Disciplinary Tribunal Regulations, 1977 (see Gazette, 31 March, 1977, p. 1041) as varied;
and
(d)	the Builders Licensing Act (Building Indemnity Insurance) Regulations, 1985 (No. 183 of 1985, see Gazene, 19 September, 1985, p. 868).

4. (1) In these regulations-

"the Act" means the Builders Licensing Act, 1986.

(2) For the purposes of the Act, "building work" includes-

(a) the on-site construction of a swimming pool;

and f i

(c) fencing.

(3) For the purposes of the Act, building work is classified into the trades set out in Schedule 1 and each such trade includes ancillary building work that is of a minor nature.

(4) For the purposes of the Act, "domestic building work" includes-

(a) the construction, alteration, repair or improvement of a swimming pool situated or proposed to be situated within the external walls of a house;	(,
and

(5)

any building work (including the on-site construction of a swimming pool otherwise than

as referred to in paragraph (a)) that is carried out within the curtilage of a house.

(Repriru No. I )

Builders Licensing Regulations, 1987 3

(5) For the purposes of the definition of "minor domestic building work" in section 4 of the Act, the prescribed sum is $5 000.

Exemptions

5. The following exemptions are granted under section 5 of the Act-

(a)	in relation to a person who is deemed pursuant to the Schedule to the Act to be a licensee-
(i) the person's licence under the repealed Act would, but for the repeal of that Act,

sections 11(2) and 17(2) do not apply to such a person until the time at which

have expired;

(ii)         of six months from the commencement of these regulations; section 14 does not apply to such a person, being a body corporate, for a period

(iii)        section 36 does not apply to such a person for a period of 60 days from that commencement;

@)	Electrical Workers and Contractors Licensing Act, 1965, to the extent to which such a
section 9 does not apply to electrical contractors or workers holding licences under the
contractor or worker performs work authorized by such a licence;
(c)	section 9 does not apply to a person authorized under the Sewerage Act, 1929, or the
Watenvorks Act, 1929, to carry on business as a plumber, to the extent to which such a
person performs work so authorized;
(d)	Act, 1935, to the extent to which such a person performs work authorized by the
section 9 does not apply to a person licensed as a pest controller under the Health
licence;

(da) section 9 does not apply to a person who holds a licence with the endorsement 5 or security alarm agent under the Commercial and Private Agents Act, 1986, to the extent to which such a person performs work authorized by that endorsement;

(e) sections 9 and 29 do not apply to the South Australian Housing Trust;

(ea) section 14(l)(a) does not apply to Sumitomo Australia Limited;

(fl

section 17 does not apply to registered architects;

(g)

domestic building work consisting solely of demolition work;

sections 23, 24, 25, 29 and 31 do not apply to a contract for the performance of

fi)

building work where the builder is a subcontractor for the South Australian Housing

sections 23, 24, 25 and 31 do not apply to a contract for the performance of domestic

Trust;

(i)

building work where the building owner is a body corporate that is a public company sections 23, 24, 25 and 31 do not apply to a contract for the performance of domestic

within the meaning of the Companies (South Australia) Code or that is a subsidiary

within the meaning of that Code of such a public company;

(Rep& No. 1)

4 Builders Licensing Reeulations.1987

sections 23, 24(6) and (7) and 26 do not apply to a domestic building work contract

@)

entered into before the expiration of two months after the commencement of these

regulations;

(k)

Division I11 of Part V does not apply to a licensee with a category 3 licence or a

category 4 licence or to a person of the kind referred to in paragraph (6) or (c) for a

period of three years from the commencement of these regulations;

(2)

Division I11 of Part V does not apply to domestic building work of the kind referred to

in regulation 4(4)(b/ for a period of three years from the commencement of these

regulations.

5a. (1) Subject to subregulation (2), a person who performs roof-tiling work pursuant to a

subcontract with a prescribed company is exempt from section 9 of the Act in relation to that

work.

(2) The exemption is subject to the condition that, under the head contract, the company is responsible for the standard of work performed by the subcontractor.

(3) The following companies are prescribed companies:

Belfrack Proprietary Limited

Boral Hollostone Masonry (S.A.) Proprietary Limited

Hallett Brick Industries Limited

Hallett Roofing Services Proprietary Limited

Monier Limited.

Forms

6. (1) The forms in Schedule 2 are prescribed for use for the purposes indicated.

(2) A form to be completed by a body corporate must be completed by a director or the

secretary of the body corporate authorized by the body corporate to complete the form on its

behalf.

(3) A form-

(a) must be completed in accordance with the instructions contained in the form;

and

(b) must include the information indicated as being required,

and, where a form indicates that a particular document is to be attached to the form, that

document must be so attached.

Fees

7. (1) The fees prescribed in Schedule 3 are the fees payable for the purposes set out in that

schedule.

(2) The fees must be paid to the Registrar.

(Reprinr No. 1)

Builders Licensing Regulations, 1987 5

Advertisement of applications (see sections 10(3) and 15(3) of the Act)

8. (1) An application for a licence or registration must be advertised by publication of a notice on at least one occasion in a newspaper circulating throughout the State.

Annual Fees and Returns (see sections I1 and 17 of the Act)

9. (1) Subject to subregulation (2), the date for payment of an annual licence or registration fee and for lodging an annual return is the last day of the month that is the anniversary of the month in which the licence or registration was granted (whether under the Act or the repealed Act).

(2) Where a person is both licensed and registered under the Act, the date for payment of the annual fee and for lodging an annual return is the date applicable to the licence.

(3) An annual return must be in the form prescribed in Schedule 2 and the information to be contained in the return is the information required in that form.

(4) The penalty for default in paying an annual licence fee or annual registration fee or lodging an annual return is $180.

Licences and cem3cates-amendment and copies

10. (1) Where there has been a change in any particulars included in a licence or certificate of

registration, the Registrar must upon application by the licensee or registered building work

supervisor-

(a)	make an appropriate amendment to the licence or certificate;
n?,	retain the licence or certificate and issue a new licence or certificate.

(2) Where a licence or certificate or a copy of a licence or certificate has been lost, destroyed

or damaged, the Registrar must, upon application by the licensee or registered building work

supervisor and payment of the prescribed fee, issue a copy or further copy of the licence or

certificate. Notice under section 23(I)(f)

11. (1) The information to be contained in a notice under section 23(l)(fl of the Act is the information required in the form prescribed in Schedule 2.

(2) The notice must be printed, typed or handwritten legibly and clearly in characters the dimensions of which comply with the regulations made for the purposes of section 48 of the Consumer Transactions Act, 1972.

(Reprint No. I)

6 Builders Licensing Regulations,1987

Unliquidated amounts under contracts

12. For the purposes of section 24(5)(b/ of the Act, a domestic building contract may include a provision entitling the builder to recover-

(a)	proportion of the builder's general overhead expenses as is directly related to acquiring materials, and performing work, specified in the contract;
(b)	Where the contract specifies a rate of charge, the amount determined by applying the rate to the work actually performed.

Authorized payments under section 25(1)(b)

13. For the purposes of section 25(1)@), a payment-

(a)	to a third party for engineering, drawing, sumeying or other professional services;
(b)	in respect of building indemnity insurance;
(c)	of not more than $500 as a deposit;
(d)	in respect of any approval, permission or consent required by or under an Act,

is an authorized payment.

Certipcate as to insurance (see section 29)

14. A certificate evidencing the taking out of a policy of insurance that complies with Division I11 of Part V of the Act must be in the form prescribed in Schedule 2.

Business of a deceased licensee (see section 12)

15. Where a personal representative of a deceased licensee continues or intends to continue to carry on business pursuant to the licence, the personal representative shall give notice in writing

of that fact to the Tribunal within 28 days after the death of the licensee.

Penalty: $500.

Commercial Registrar to be notzped of certain matters

16. (1) If there is a change in the residential address, the address of the principal place of

business or the registered office of a licensee, the licensee shall within one month after that

change give notice in writing to the Registrar of that change and the particulars of that change.

Penalty: $1 000.

(2) If there is a change in the directors of a licensee that is a body corporate, the licensee shall within one month after that change give notice in writing to the Registrar of that change and of the following particulars in respect of each new director:

(a) name;

(b) residential address;

(Repriru No. I )

Builders Licensing Regulations, 1987 7

(c)	business knowledge and experience;
(d)	whether or not the new director is or has been, during the preceding ten years, insolvent

or the director of an insolvent body corporate or of a body corporate in a prescribed

relationship with an insolvent body corporate;

(e) convictions (if any) within the preceding ten years for offences involving dishonesty.

Penalty: $1 000.

(3) A licensee who changes his or her name shall within one month after doing so give notice in writing of that change to the Registrar.

Penalty: $1 000.

(4) If-

(a)	a bankruptcy notice or creditors' petition is served on a licensee who is a natural person;
(b)	a sequestration order is made against such a licensee;
(c)	a deed of composition, arrangement or assignment is executed in respect of such a

licensee,

the licensee and the trustee in bankruptcy (if then appointed) shall each within seven days give

notice in writing of that fact to the Registrar.

Penalty: $1 000.

(5) If-

(a) a notice of demand or summons for winding up is served on a licensee that is a body

corporate;

(5)	a liquidator (provisional or otherwise) is appointed in respect of such a licensee;
(c)	a receiver or official manager is appointed in respect of such a licensee;
(d)	a deed of composition, compromise or arrangement is executed in respect of such a
licensee,

the licensee and the liquidator, receiver or official manager (if then appointed) shall each within

seven days give notice in writing of that fact to the Registrar.

Penalty: $1 000.

(Reprint No. I )

8 Builders Licensing Regulations,1987

(6) If there is a change in the residential address of a registered building work supervisor (not

being a licensee), the registered building work supervisor shall within one month after that change

give notice in writing to the Registrar of that change and the particulars of that change.

Penalty: $1 000.

(7) A licensee or registered building work supervisor who desires to surrender his or her licence or registration may do so by giving notice in writing of surrender to the Registrar. (,

Address for service (see section 46(2))

17. A licensee who desires to change his or her address for service may do so by giving notice in writing to the Registrar of the desired new address.

Limifations on insurers' liability (see section 30)

18. (1) The following are the only permissible limitations on the liability of the insurer under a policy of insurance under Division I11 of Part V of the Act-

(a)	a limitation under which the insurer is not liable for the first $250 (or some stipulated lesser amount) of each claim;
(b)	a limitation under which the total amount that the insurer is liable to pay in relation to building work or the non-completion of building work at a particular site is fixed at not less than $50 000.

(2) A policy of insurance under Division 111 of Part V of the Act-

(a) must contain a clause allowing a claimant at least 90 days (from the date on which the

claimant becomes aware of the grounds for the claim) in which to make the claim;

and
(b)	must not confer any right on the insurer to avoid liability on the ground of misrepresentation or non-disclosure on the part of the builder or on any similar ground.

(Reprint No. I)

SCHEDULES

Builders Licensing Regulations, 1987 9

SCHEDULE 1

Building work is classified into the following trades:

Trades of Site Preparation and Drainage, consisting of the following:

Demolition

Earthworks Construction

Stormwater Drainage

Trades of Laying Foundations and of doing Concrete Work, consisting of the following:

Footing Construction

Piling Construction

Terrazto Work

General Concrete Construction

Concrete Floor Paving

Concrete Path Paving

Formwork Erection

F i g of Reinforcement

General Construction Trades, consisting of the following:

BricMaying and Masonry Work

Carpentry and Joinery

Construction Rigging

Structural Steel Erection

Kit Home Erection

Service Trades, consisting of the following:

Air Conditioning Installation

Gas Fitting

Space Heating and Cooling

Electrical Work

Plumbing

Trades of Roofing, Cladding and Partitioning, consisting of the following:

Roof Plumbimg

Roof T i g

B o d F i g and Flushing

Erection of Partitions

F i g	of Metal Window
F i g	of Cladding

Fishing Trades, consisting of the following:

Plastering

Painting and Decorating

Glazing

Wall and Flwr Tiling

Floor F ish ing

Miscellaneous Trades, consisting of the following:

General Repairs

Insulation

Pest Control

Swimming Pool Construction

Fencing

Cabinet Making

Brick Paving

fleprinf No. I)

SCHEDULES

10 Builders Licensing Regulations, 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 1

APPLICATION FOR A BUILDER'S LICENCE-NATURAL PERSON

(Builders Licensing Act, 1986section 10)

Instructions:	(i)	USE BLOCK LETTERS
(ii)	If space insufficient, continue on attachmentls.
(iii)	Information provided in this application must be true and correct. A penaly of up to
$2 000 may be imposed if false or misleading information is given.
(iv)	This application should be accompanied by the application fee, payable to the Registrar.

Full name

Date of Bih

Residential Address (not post oftice box)

Postcode

Telephone

Address of principal place of business

Telephone

Address for service of notices (in South Australia)

Person to be contacted for further information

Telephone

To the Commercial Tribunal:

1. I apply for a licence as a builder in the following category: (strike out categories not applied for)

CATEGORY 1

CATEGORY 2 (state conditions sought)

CATEGORY 3 (state classified trade)

CATEGORY 4 (state classified trade and conditionls sought)

2. What k i d of building work do you intend to carry out under the licence?

3. Do you intend canying on business as a builder under a business or trading name? If so, attach a copy of the certificate of registration of business name issued by the Corporate Affairs Commission.	(
4. Have you bari any experience in canying on business in the building industry? Do you have any other business experience or qualifications? Give details.
5. Do you intend canying on business as a builder in partnership with any other person (natural person or body carpoxate)? If so, give namels, addressles and licence numberls.
6. Are you now, or have you been within the last ten years, insolvent or the director of an insolvent body corporate? If so, give details and include relevant dates.
(Note: "insolvent" means bankrupt or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors or, in relation to a body corporate, under official management or in liquidation or receivership; see section 4 of the Act.)

(Reprinr No. 1)

SCHEDULES

Builders Licensing Reeulations. 1987 11

7. Have you, within the last ten years, been convicted of any offence involving dishonesty or have you been a diector or officer of a body corporate so convicted? If so, give details of the offence, the court and the penalty, and., if applicable, also give the name of, and specify your position in, any body corporate so convicted.

8. Have you ever previously applied for a builder's licence in this State or elsewhere or have you been a director or officer of a body corporate that has applied for such a licence? If so, give details, including where the application was made and. whether it was granted, ad, if applicable, also give the name of, and specify your position in, any body corporate that has made such an application.

9. Have you ever been reprimanded, fmed or disqualified by any Court, Tribunal, Board or other Authority in respect of carrying on business as a builder in this State or elsewhere or have you been a diector or officer of a body corporate so reprimanded, fmed or disqualified? If so, give details of the conduct for which you (or the body corporate) were so disciplined, the Court, Tribunal, Board or Authority and the penalty, and., if applicable, also give the name of, and. specify your position in, any body corporate so disciplined.

DETAILS OF APPLICANT'S FINANCIAL STANDING

The following information is required to enable the Tribund to be satisfied (as required by the Act) that the applicant has sufficient fmancial resources to carry on business in a proper manner under the licence. If assets or liabilities are jointly owned or owed, show the applicant's share only.

MY ASSETS AND LIABILITIES ARE AS FOLLOWS:

ASSETS	LIABILITIES	NET AMOUNT
(Details required)

Real estate:	$	Mortgage owing:
Motor vehicles:	$	Amount owing:
Plant and Equipment:	$	Amount owing:
Other assets (excluding	$	Amount owing:
house contents and. personal effects):

(Subtotals) $ $ $

Total credit account	Total debit account
balances (incl. bank,	balances (mcl. overdraft,
building society, credit	charge accounts, etc., but

union, cash on hand): $ not trade accounts): $ $

Trade debtors (mcl.	Trade creditors
mounts owing for work	(exclude amounts
in progress, if	owed on stock on

applicable):	$	hand):	$	$
Stock on ban&	$	Amount owing	$	$
TOTAL ASSETS	$	TOTAL LIABILITIES	$	$
Net Worth
Date	Signed	. .. .. .. .
(Applicant)
(Reprinr No. I)
SCHEDULES

12   Builders Licensing Regulations, 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 2

APPLICATION FOR A BUILDER'S LICENCE-BODY CORPORATE

(Builders Licensing Acr, 1986-secrion 10) (I

Inst~ctions: (i) USE BLOCK LETTERS

(i) Ifspace insufficient, continue on attachmentls.

(i) Information provided in this application must be true and correct. A penalty of up ta $2000 may he imposed if false or misleading information is given.

(iv)      A copy of the body corporate's certificate of incorporation (if any) and a copy of the

balance sheet and detaifed profit and loss statement for the last financial year should be (

attached to this application.

(v)       This application should be accompanied by the application fee, payable to the Registrar.

Name

Place of hcorporation

Registered Corporate Office

Telephone

Address of principal place of business

Telephone

Address for seseice of notices (in South Australia)

Person to be contacted for further information

Telephone

Directors (full names) Residential Addresses

(not post box)

Secretary (full name) Residential Address

(not post box)

To the Commercial Tribunal:

1. The abovenamed body corporate applies for a licence as a builder in the following category: (strike out categories not applied for)

CATEGORY 1

CATEGORY 2 (state conditionls sought)

CATEGORY 3 (state classified trade)

CATEGORY 4 (state classified trade and condition sought)

2. What type of building work does the body corporate intend to carry out under the licence?

3. Have any of the directors had any experience in carrying on business in the building industry? Do any of the directors have any other business experience or qualifications? Give details.

4. Does the body corporate intend canying on business as a builder in partnership with any person (natural person or body corporate)? If so, give narnets, addressles and licence numberls.	\
5. Is the body corporate now, or has it been in the last ten years, insolvent or in a prescribed relationship with an insolvent body corporate? If so, give details and relevant dates.

(Reprim No. 1 )

SCHEDULES

Builders Licensing Regulations. 1987 13

(Note: a body corporate is insolvent if it is under ofticial management, in liquidation or receivership or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; a body corporate is in a prescribed relationship with another body corporate if the two are related corporations within the m&g of the C o m p d s (South Australia) Code; see section 4 of the Act and that Code.)

6. Is any director of the body corporate now, or has any director been within the last 10 years, insolvent or a director of an insolvent body corporate or a director of a body corporate in a prescribed relationship with an insolvent body corporate? If so, give details and relevant dates.

(Note: a person is insolvent if he or she is bankrupt or subject to a composition or deed or scheme of

arrangement with or for the benefit of creditors; see section 4 of the Act.)

7. Has the body corporate, a director or the secretary of the body corporate or any person in a position to control or influence the body corporate's affairs been, within the last ten years, convicted of an offence involving dishonesty? Has a director, the secretary or any such person been a director or officer of another body corporate so convicted? If so, give details of the offence, the court and the penalty and, where applicable, name the individual or other body corporate.

8. Has the body corporate, a director or the secretary of the body corporate or any person in a position to control or influence the body corporate's affairs previously applied for a builder's licence in this State or elsewhere? Has a director, the secretary or any such person been a director or officer of another body corporate that has made such an application? If so, give details, includmg the place where the application was made, the results of the application and, where applicable, the name of the individual or other body corporate.

9. Has the body corporate, a director or the secretary of the body corporate or any person in a position to control or influence the &airs of the body corporate been reprimanded, fmed or disqualified by any tribunal, board or other authority in this State or elsewhere in respect of carrying on business as a builder? Has a director, the secretary or any such person been a director or ofticer of another body corporate that has been so reprimanded, fmed or disqualified? If so, give details of the relevant conduct and the relevant tribunal, board or authority and, where applicable, name the individual or other body corporate.

Date Sign ed..................................

(A director or the secretary authorized to make this

application on behalf of the body corporate)

(Reprini No. 1)

SCHEDULES

14 Builders Licensing Regulations, 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 4

ANNUAL RETURN BY A LICENSEE-NATURAL PERSON

(Builders Licensing Act, 1986, section 11, a d Builders Licensiizg Regularions, 1987, regulation 9) i

Jnstructions:	(i)	USE BLOCK LETTERS
(ii)	If space insufficient, continue on attachmentls.
(iii)	Mormation provided in this Annual Return must be true and correct. A penalty of up to
$2 000 may be Lnposed if false or misleading information is given.
(iv)	This return should be accompanied by the annual licence fee, payable to the Registrar.
(v)	If yon are also registered under the Act as a building work supervisor it is not necessary
to lodge a separate supervisor's return or to pay the annual registration fee.

Licensee's Full Name

Are you a registered building work supervisor? YeslNo.

Since your last Annual Return was lodged (or, if this is your first Return, since your licence was granted):

1. Has there been any change to your address for service or residential address or the address of your

principal place of business? If so, give the new address and indicate whether it is an address for service, a

residential address, or the address of your principal place of business.

2. Has there been any change to any partnership under which you carry on business or has any new

partnership commenced? If so, give details and, if applicable, give the namels, addressles and licence

numberls of the new partnerls.

3. Has a registered building work supervisor, not previously approved in relation to your business, been so

approved? If so, give the full name, residential address and registration number of the new registered building

work supervisor.

4. Have you become insolvent? Has a body corporate of which you are a director become insolvent? If so, give details including relevant dates.

the benefit of creditors or, in relation to a body corporate, under official management or in liquidation or	(Note: "insolvent" means bankrupt or subject to a composition or deed or scheme of arrangement with or for	receivership; see section 4 of the Act)
5. Have you been convicted of any offence against the Act or any offence involving dishonesty, or have you been reprimanded, fined or disqualified, in this State or elsewhere, by any Tribunal, Court or other Authority in respect of carrying on business as a builder, or are any such proceedings pending? If so, give details of the offence or the conduct for which you were disciplined, the relevant Tribunal, Court or Authority
aact the penalty. If proceedings are pending, give details of the nature of the allegations and the present
position of the proceeding.

/

The foUowing information is required to enable the Tribunal to be satisfied (as required by the Act) that

the applicant has sufficient financial resources to carry on business in a proper manner under the licence. If

assets or liabiities are jointly owned or owed, show the applicant's share only.

,

(Reprin! No. I )

SCHEDULES

Builders Licensing Regulations, 1987 15

MY ASSETS AND LIABILITIES ARE AS FOLLOWS:

ASSETS LIABILITIES NET AMOUNT

required)

Real estate:	$	Mortgage owing:
Motor vehicles:	$	Amount owing:
Plant ami Equipment:	$	Amount owing:
Other assets (excluding	$	Amount owing:
house contents and personal effects):

(Subtotals) $ $ $

Total credit account	Total debit account
balances (icl. bank,	balances (icl. overdraft,
building society, credit	charge accounts, etc., but

union, cash on hand):	$	not trade accounts):	$	$
Trade debtors (mcl.	Trade creditors
amounts owing for work	(exclude amounts
in progress, if	owed on stock on
applicable):	$	hand):	$	$
Stock on band:	$	Amount owing	$	$
TOTAL ASSETS	$	TOTAL LIABILITIES	$	$
Net Worth

Date Sign ed.......................................

(Licensee)

(Rep& No. I )

SCHEDULES

16 Builders Licensing Regulations, 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 5

ANNUAL RETURN BY A LICENSEE-BODY CORPORATE

(Builders Licensing Act, 1986, section 11, and Builders Liceming ReguIaiions, 1987, regulation 9) (~

Iostructions:	(i)	USE BLOCK LETTERS
(ii)	If space insufficient, continue on attachmentis.
(i)	Information provided in this Annual Return must be true and correct. A penalty of up to $2 000 may be imposed if false or misleading information is given.
(iv)	A copy of the balance sheet of the body corporate and detailed profit and loss statement
for its last fmancial year must be lodged with this Annual Return. (
(v)	This return should be accompanied by the annual licence fee, payable to the Registrar.

Licensee's Name

Since the Corporation's last Annnal Return was lodged (or, if this is the first Return, since the licence was

granted):

1. Has there been any change in the address for service, the registered corporate oftice or the principal

place of business of the Corporation? If so, give the new address and indicate whether it is the address for

service or the address of the registered corporate office or principal place of business.

2. Has there been any change in the composition of the Board of Directors? If so, give the following patticulars in respect of each new director:

- name

- residential address

- business knowledge and experience

- whether or not the new director is or has been, d u ~ g the preceding ten years, insolvent or the director

of an insolvent body corporate or of a body corporate in a prescribed reiationship with an insolvent

body corporate

- convictions (if any) within the preceding ten years for offences involving dishonesty

(Note: a person is insolvent if he or she is bankmpt or subject to a composition or deed or scheme of

arrangement with or for the benefit of creditors; see section 4 of the Act.)

3. Has there been any change to the partnership nnder which the body corporate canies on business or has (

a new partnership commenced? If so, give details and, if applicable, give the namels, addressies and licence

numberls of the new partners.

4. Has a registered building work supervisor, not previously approved in relation to the licensee's business, been so approved? If so, give the full name, residential address and registration number of the new registered building work supervisor.

5. Has the body corporate or any of its directors, its secretary or any person in a position to control or influence its affairs become insolvent? Is the body corporate in a prescribed relationship with a body corporate	(\'
that is insolvent? If so, give details including relevant dates.
(Note: a body corporate is insolvent if it is under official management, in liquidation or receivership or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; a body corporate is in a prescribed relationship with another body corporate if the two are related corporations within the meaning of the Companies (South AufraIiu) Code; see section 4 of the Act and that Code.)

(Reprint No. 1)

SCHEDULES

Builders Lieensine Reeulations, 1987 17

6. Has the body corporate or any of its directors, its secretary or any person in a position to control or

influence its affairs been convicted of any offence against the Act or any offence involving dishonesty or been repximded, fmed or disqualified, whether in this State or elsewhere, by any Tribunal, Couti or other Authority in respect of carrying on business as a builder or are any such proceedings pending? If so, give details of the offence or the conduct, the relevant Tribunal, Couti or Authority and the penalty. If proceed~ngs are p e d i g, give details of the nature of the allegations and the present position of the proceedings.

Date Sign ed...............................

(A director or the secretary of the body corporate

authorized to make this return on its behalf)

(Reprint No. 1)

SCHEDULES

18 Builders Licensing Rezulations. 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 7

APPLICATION FOR REGISTRATION AS A BUILDING WORK SUPERVISOR

(Builders Licensing Act, 1986--section IS)

Jnstmctions:	(i)	USE BLOCK LETTERS
(ii)	If space insufficient, continue on attachmentls.
(iii)	$2 000 may be imposed if false or misleading information is given.
Information provided in this statement must be true and correct. A penalty of up to
(iv)	Unless the applicant is a licensee under the Act, this application should be accompanied
by the application fee, payable to the Registrar. \

FuU Name

Date of Bii

Residential Address (not post office box)

Postcode Teiephone

Address for Service of Notices	Postcode
To the Commercial Tribunal:

1. I apply for registration as a building work supervisor in the following category: (strike out categories not applied for)

CATEGORY 1

CATEGORY 2 (state conditionls sought)

CATEGORY 3 (state classified trade)

CATEGORY 4 (state classified trade and condition sought)

2. What W of building work do you intend supervising as a registered building work supervisor?

3. What qualifications or experience do you have in supervising building work?

4. Are you an employee? If so, give details of your current position and your last position and the date in

which you first commenced work in the building industry.

5. Are you a subcontractor? If so, give particulars of recent work.

6. Give the following particulars of your experience in the building industry:

Period	Type of	Firm or	Type of work
Project	Company	undertaken or
engaged by	supervised

7. Have yon, within the last ten years, been convicted of any offence involving dishonesty or have you been a diiector or officer of a body corporate so convicted? If so, give details of the offence, the Court and

the penalty, and, if applicable, also give the name of, and specify your position in, any body corporate so	(
convicted.	',
8. Have you ever previously applied for a builder's licence, or for registration as a building work supervisor, in this State or elsewhere, or have you been a director or officer of a body corporate that has applied for such a licence? If so, give details, including where the application was made and whether it was granted, d, if applicable, also give the name of, and specify your position in, any body corporate that has made such an application.

(Reprint No. I )

SCHEDULES

Builders Licensing Regulations, 1987 19

9. Have you ever been reprimanded, fmed or disqualified by any Court, Tribunal, Board or other Authority in respect of carrying on business as a builder or supervising building work in this State or elsewhere or have you been a director or officer of a bcdy corporate so reprimanded, fmed or disqualified? If so, give detaiis of the conduct for which you (or the body corporate) were disciplined, the relevant Court, T n i d, Board or Authority and penalty, and, if applicable, also give the name of, and specify your position

in, any body corporate so disciptmed.

Date Sign ed.......................

(Applicant)

(Reprint No. 1)

SCHEDULES

20 Builders Licensing Reeulations. 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 9

ANNUAL RETURN BY A REGISTERED BUILDING WORK SUPERVISOR

(Builders Licensing Act, 1986, section 17, and Builders Licensing Regukuiom, 1987, regularion 9)

Instructions:	(i)	USE BLOCK LETTERS
(u)	If space insuff~cient, continue on attachmentis.
(iii)	Information provided in this Annual Return must be tme and correct. A penalty of up to
$2 000 may be imposed if false or misleading information is given.
(iv)	This return should be accompanied by the annual registration fee, payable to the Registrar.
(v)	If you are also licensed under the Act, it is not necessary to complete and lodge this return or to pay the annual registration fee, but you must complete and lodge a return as a licensee (Form No. 4) and pay the annual licence fee.
Full Name

Address for Service

Postcode

Full Name of Licensee for whom building work supervisor is approved

Address of Licensee

Since your last Annual Return was lodged (or, if this is your first Return, since you were registered):

1. Has there been any change to your address for service or your residential address? If so, give the new address and indicate whether it is an address for service or a residential address.

2. Have you been approved as a building work supervisor for a licensee for whom you were not

previously so approved? If so, give the full name and address of the previous licensee for whom you were

approved.

3. Have you been convicted of any offence against the Act or any offence involving dishonesty, or have you been reprimanded, fined or disqualified, in this State or elsewhere, by any Tribunal, Court or other i

Authority in respect of carrying on business as a builder or supervising building work or are any such	\\
p r o c ~ g s pending? If so, give details of the offence or the conduct for which you were disciplined, the relevant Tribunal, Court or Authority and the penalty. If proceedings are pending, give details of the nature of the allegations and the present position of the proceeding.

Date Sign ..........................

(Registered Building Work Supervisor)

(Reprinr No. I)

SCHEDULES

Builders Licensing Regulations, 1987 2 1

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 11

APPLICATION FOR APPROVAL OF REGISTERED BUILDING WORK

SUPERVISOR

(Bui2ders Licensing Act, 1986secrion 18)

Instructions:	(i)	USE BLOCK LETTERS.
(ii)	If space insufficient, continue on attachmentls.
( i )	Information provided in this application must be tme and correct. A penalty of up to $2 000 may be imposed if false or misleading information is given.
(iv)	If the applicant is a body corporate, this application must be made by a director or the secretary authorized by the body corporate to act on its behalf.
(v)	This application should be accompanied by the application fee, payable to the Registrar.

Full Name of Licensee

Address for Service of Notices

Person to be contacted for fuxther information

Telephone

Full Name of Registered Building Work Supervisor for whom approval is sought in relation to the licensee's business

Residential Address (not post box):

1. What category licence does the licensee hold? (If the licensee is the holder of a Category 2 or Category 4 licence, provide details of the conditions imposed by the Commercial Tribunal.)

2. What category registration does the registered building work supervisor hold? (If the registered buildimg

work supervisor is the holder of a Category 2 or Category 4 registration, provide details of the conditions

imposed on the registration by the Commercial Tribunal.)

3. What kind of building work will the building work supervisor be supervising for the licensee?

4. If the licensee is a body corporate, is the registered building work supervisor a director of the body

corporate?

5. W i the registered building work supervisor be an employee or a contractor? If the latter, set out the terms and conditions of the contract.

Date Sign ed........................

* * * * * * * * * *

(Reprinl No. I )

SCHEDULES

22 Builders Licensing Regulations, 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 13

NOTICE UNDER SECTION 23(1)lfl

(Builders Licensing Acr, 1986section 23) i

YOUR BUILDING CONTRACT: YOUR RIGHTS AND OBLIGATIONS

THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND

OBLIGATIONS. YOU SHOULD READ IT CAREFULLY AND KEEP IT FOR FUTURE REFERENCE

Your domestic building work contract is a binding legal agreement. You have rights and obligations under the agreement. You also have celtain rights guaranteed under the Builders Liceming Acf, 1986, in relation to the agreement. In particular, you have certain "cooling off' rights, which may enable you to cancel your contract

if you are not satisfied with it, and you act quickly.

1. What does the Act require?

You must have a written contract with your builder, setting out all the terms and conditions of your agreement. You must be given a signed copy of the contract, together with a copy of this notice. Both documents must be readily legible.

2. What are my "Cooling o r righrs?

You may cancel your building contract, if you act before the "prescribed time".

If you wish to cancel, you must give your builder written notice of your inrention not to be bound by the

contract. You must serve that notice on the builder either personally or by registered or certified mail in an

envelope addressed to the builder. You must do this-

(a)	before five clear business days have expired afier tlze making of the conrracr:
(b)	where your builder has not complied with relevaru provisions of the Acr, before the builder compleres the building work urder tlre contract.

CANCELLATION IS A SERIOUS STEP, AND SHOULD NOT BE TAKEN LIGHTLY. YOU MAY NEED TO SEEK LEGAL ADVICE, OR THE ADVICE OF THE DEPARTMENT OF PUBLIC AND CONSUMER AFFAIRS BEFORE EXERCISING THIS RIGHT OF CANCELLATION. WHEREVER POSSIBLE, YOU SHOULD FIRST DISCUSS YOUR PROBLEM WITH THE BUILDER.

3. What should I do?	(
First, read this notice carefully. Then read the documents that you have signed. If you are not happy about any aspect, or have any questions, then ask your builder to explain. If you are not satisfied with the explanation you have received, then seek advice from a lawyer or from Consumer Affairs.

4. Is there anythingI should look for 61 parricular?

/

Most important, check to see that the work you want your builder to do has been fully and accurately s& out in the contract (including the plans and specifications). Do not rely on verbal promises or agreement.

If you want to change the work to be done at a later stage, you will have to reach agreement with your

builder, and your builder will usually be entitled to make a separate, additional charge as a variarion to

your contract. Not checking now could be very expensive.

(Reprinr No. I )

SCHEDULES

Builders Licensing Regulations, 1987 23

5. Whntabout the price I have been quoted? Can it change?

Some building contracts provide for a "fixed price". Others include a "rise and fall" clause. If your contract ioctudes a rise and fall clause, then it is unlikely the price you have been quoted (even if it is referred to in your contract) is the total amount you will have to pay. Your coutract price can also change if you agree to any variations to the buildmg work you want your builder to perform after you have signed your contract. And certain items in your coutract may be designated "prime cost" or "provisional sums", which may also lead to a change in the total sum you can he charged.

If your contract includes a rise and fall clause, or other provisions as a result of which a price set out in your contract may change, or is an estimate only, then the coutract must contain "THIS PRICE MAY

CHANGE" or "ESTIMATE ONLY" adjacent to the price subject to change. If there is more than one

such price, then they must be set out in a single list in the contract.

Those prices which are only estimates murt be fair and reasonable estimates.

6. Whatis a rire and fall clause?

A rise and fall clause entitles your builder to pass onto you increases (or reductions) in the cost of perfanning your buildmg work after you have signed your contract, whether those costs relate to labour (mcluding relevant overhead) or materials.

The formulae used in building contracts to determine the amount of the additional costs that can be passed onto you vary. Check your contract carefully. If you have any questions, ask your builder to explain, or seek advice.

7. Whatare "Prime Cost" item?

Your buildmg work contract may include the supply of certain g o d s and services e.g. kitchen stoves, bathroom tiling. These items may he designated "prime cost", so that if the standard of g o d s you select is higher than that provided for by your builder, then you may have to pay an additional cost over and above that provided for, plus a surcharge, which may be up to 10 per cent of the cost of the item.

8. What are "provisional sum"?

These are amounts your builder has determined as "best estimates" of the cost of doing certain building work under your contract.

For example, if your building site slopes and no contour survey has been canied out, your builder may not be able to prepare a final price for the earthworks needed to provide a level site for your domestic building work. The builder may include an estimated figure which is subject to change when survey plan is provided. That estimated figure is a "provisional sum".

Again, provisional sums must be fair and reasonable estimates in the circumstances in which they are provided.

9. Are there any special problem with packageland and building deals?

Yes. If you have entered into a package deal for land mld building work, then it is likely you have signed a number of documents. The information contained in this notice relates only to the domestic building work contract you have signed. It does not apply to your contract for the purchase of land, which is subject to different mles. You probably have less time to consider those documents than your building contract.

Be particularly careful about package deals where your builder is unable to start work immediately,

because necessary approvals have not been granted, or sewices connected, or legal titles granted. Your builder may be entitled to make additional charges arising from delays which are the fault of neither yourself or the builder. Again, if in doubt, talk to your builder or seek advice.

(Reprinz No. I )

SCHEDULES

24 Builders Licensing Regulations, 1987

10. Whntother rights do I have?

The Act implies certain warranties on the part of your builder, and these apply regardless of what your contract says.

These warranties are as follows:

(q)	your building work must be performed in a proper and workmanlike manner, and in accordance
with the agreed plans and specifications; (
@)	the materials supplied by the builder will be good and proper materials;
(c)	the building work will be performed in accordance with the Building Act, 1970 and all other stahrtory requirements;
(d)	(unless the contract stipulates a period within which the work must be completed) the work will he performed with reasonable diligence;
(e)	(if your. contract is for the construction of a house)-the house will be reasonably fit for human

habitation;

and
(fl	where you have made known to your builder the purpose for which the work is required, or the result you want to achieve in a way that demonstrates that you are relying on your builder's $skill and judgment, then your builder warrants that the work and the materials will be fit for your
purposes, or of a nature ~IKI quality that they might reasonably he expected to achieve that result.

If your builder does work or provides materials which does not comply with those warranties, then your rights have been infringed, and you may have a right to take legal action before the courts or the Commercial Tribunal. If you are not satisfied talk to your builder. If you are still not satisfied, seek advice from a lawyer or Consumer Affairs.

11. Whatabou Building Indemnity Insurance?

If your builder holds a category 1 or 2 licence, then before work is commenced, a policy of building Uemniry insurance will usually he taken out. Your huilder must do this. The insurance protects you from some of the losses you may suffer if your builder dies, disappears or becomes insolvent. Ask you builder for a copy of the certificate of insurance, and keep it for your protection.

If your builder holds a category 3 or 4 licence and has not taken out a policy of insurance, then you are

not protected in the event that your builder dies, disappears or becomes insolvent.

12.	Am I obliged to pay a deposit in advance of work done?	/
(
\~

As a general rule, your builder is entitled only to genuine progress payments for work done. Your builder may ask you to pay in advance for moneys that have to be paid to third parties (e.g. council, E. & W. S., or engineers, or for soil reports). Apart from monies in advance for such fees, the law prohibits the taking of any deposit on a domestic building work contract in excess of $500. If in doubt, seek advice before making any payments.

13. When shouldI make a progress payment?

i

The law requires that your builder make a written demand for a progress payment, so payment should not	\
be made without such a demand. Progress payments should nor he made in advance of the performance of the building work to which the demand relates. If you have borrowed money from a recognized lending institution, it is likely to make progress payments on your behalf.

(Reprint No. 1)

SCHEDULES

Builders Licensine Regulations, 1987 25

14. W h aif1 have a dispute with my builder?

Fist, talk to your builder. Many potentially serious disputes can be avoided by good communication between building owner and builder.

If that does not work, you may need independent advice. You may wish to seek legal advice, or the

advice of the Department of Public and Consumer Affairs. Some disputes can be resolved by negotiation. Others can only be resolved by legal proceedings, either before the courts or the Commercial Tribunal, or by private arbitration as provided in many building contracts.

Before commencing any legal action over building work (including an application to the Commercial

Tniuual), you should seek advice from a lawyer or from Consumer Affairs.

15. Where shouldI go for advice?

AU responsible builders will do everything possible to see that your building work contract provides a fair balance of your interests and those of the builder. First, talk to your builder. If you want or need independent advice about your building work contract, talk to a lawyer or Consumer Affairs. A list of lawyers appears in the telephone directory under the heading of "Solicitors". Consumer Affairs offices are listed in the telephone book under "Consumer Affairs".

(Rep& No. I )

SCHEDULES

26 Builders Licensing Reeulations. 1987

SCHEDULE 2

Builders Licensing Regulations, 1987

FORM 14

CERTIFICATE IN RESPECT OF INSURANCE

(Buifirs Licensing Act, 1986, section 29, and Builders Licensing Regulations, 1987, regulation 14)

A policy of insurance that complies with Division III of Part V of the Builders Licensing Act, 1986, (

has been issued by:

(insert name of insurer)

in favour of:

(insert name of building owner)

in respect of:

(insert brief description of domestic building work)

at:

(insert the address at which or description of the land on which the work is to be performed)

to be. carried out by:

(insert name of builder and the builder's licence number)

Dated the	day of	, 19
Signed by
for and on behalf of

(Reprint No. I)

SCHEDULES

Builders Licensing Regulations. 1987 27

SCHEDULE 3

Builders Licensing Regulations 1987

Fees

$

1. On the lodging of an application for a licence (section lO(1))-application fee. .. .. .. .. .. .. 130

2. On an order being made for the granting of a licence (section lO(8))-licence fee

(a)	categories 1 and 2:
(i) body corporate. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .402
(ii) individual .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .I61
(b)	categories 3 and 4:
(i) body corporate. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ,202
(ii) individual .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 81

3. On the lodging of an annual return (section ll(2))-licence fee @er mum)-

(a)	categories 1 and 2:
(i) body corporate. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .402
(ii) aividual .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .I61
@)	categories 3 and 4:
(i) body corporate. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .202
(ii) individual .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 81

4. On the lodging of an application for registration (section lS(1))-application fee . .......... 130

5. On an order being made for the granting of registration(section 15(8))-registration fee. .. .. .. 81

6. On the lodging of an annual return (section 17(2))-registration fee @er annum) .. .. .. .. .. . 81

7. On the lodging of an application for approval (section lS(3))-application fee. .. .. .. .. .. .. 130

8. On the lodging of an application for relief in relation to a domestic building work contract

(section 33(2))-application fee .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 26

9. On the lodging of an application for any determination of a dispute arising out of a

domestic building work contract (section 32(2))-application fee. .. .. .. .. .. .. .. .. .. .. .. .. . 26

(Reprint No. I)

APPENDIX

28   Builders Licensing Regulations, 1987

APPENDIX

LEGISLATIVE HISTORY

Regulation 5: varied by 167, 1987, reg. 2; 56, 1989, reg. 2; 66, 1989, reg. 2;

143, 1989, reg. 2; 178, 1990, reg. 2

Regulation 5a:	inserted by 230, 1987, reg. 2
Regulation 8(2):	revoked by 244, 1990, reg. 2 (.
Regulation 9(4):	varied by 144, 1988, reg. 3; 100, 1989, reg. 3; 103, 1990,

reg. 3; 132, 1991, reg. 3; 130, 1993, reg. 3

Schedule 1:

varied by 167, 1987, reg. 3

Schedule 2

Form 3:

revoked by 244, 1990, reg. 3

Form 6:	revoked by 244, 1990, reg. 3
Form 8:	revoked by 244, 1990, reg. 3
Fonn 10:	revoked by 244, 1990, reg. 3
Form 12:	revoked by 192, 1987, reg. 2

Schedule 3: varied by 192, 1987, reg. 3; 144, 1988, reg. 4; 100, 1989, reg.

4, 103, 1990, reg. 4; substituted by 132, 1991, reg. 4;

138, 1992, reg. 3; 130, 1993, reg. 4; vanied by 64, 1994,

reg. 3