Building (General) Amendment Regulation 2019 (No 1) (ACT)

Building (General) Amendment Regulation 2019 (No 1)

Subordinate Law SL2019-17

The Australian Capital Territory Executive makes the following regulation under the Building Act 2004.

Dated 27 June 2019.

Gordon Ramsay

Minister

Chris Steel

Minister

Building (General) Amendment Regulation 2019 (No 1)

Subordinate Law SL2019-17

made under the

Building Act 2004

1. Name of regulation

   This regulation is the Building (General) Amendment Regulation 2019 (No 1).

2. Commencement

   This regulation commences on 1 October 2019.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Building (General) Regulation 2008.

4. New sections 38A and 38B

   insert

38ARequired documents for residential building work contract—Act, s 89D

(1)A document determined by the Minister is prescribed.

(2)A determination is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

38BProhibited conditions—Act, s 89E

(1)This section applies to a residential building work contract for—

(a)a new class 1 building; or

(b)an alteration to, or demolition of, an existing class 1 or class 2 building; or

(c)a class 10 building that provides structural support, or is a structurally integral adjunct, to a new class 1 building or an existing class 1 or class 2 building.

(2)However, this section does not apply to a residential building work contract entered into before the commencement of this section.

(3)A condition in a residential building work contract that allows a person, other than the owner of the land where the work is to be carried out under the contract, to do any of the following is prescribed as a prohibited condition:

(a)to appoint or revoke the appointment of an eligible entity as a certifier for the work;

(b)to act as the agent of the owner in dealing with a certifier appointed for the work.

1. Dictionary, note 3

   insert

   ·     owner-builder

   ·     residential building work contract

Endnotes

1. Notification

   Notified under the Legislation Act on 28 June 2019.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2019