Building Work Contractors Variation Regulations 2015 (SA)
South Australia
Building Work Contractors Variation Regulations 2015
under the Building Work Contractors Act 1995
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Building Work Contractors Regulations 2011
4 Variation of regulation 4—Definitions of building work etc (section 3 of Act)
5 Insertion of regulation 10A
10A Certain people registered under other Acts taken to be registered
6 Insertion of regulation 14A
14A Requirements for domestic building work contracts that contain a charging clause
7 Variation of Schedule 1—Fees
8 Variation of Schedule 3—Forms
Part 1—Preliminary
1—Short title
These regulations may be cited as the Building Work Contractors Variation Regulations 2015.
2—Commencement
These regulations will come into operation on the day on which section 9 of the Statutes Amendment (Occupational Licensing) Act 2013 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Building Work Contractors Regulations 2011
4—Variation of regulation 4—Definitions of building work etc (section 3 of Act)
Regulation 4(1)—after paragraph (d) insert:
(e)painting a building or part of a building;
(f)the installation of air-conditioning in relation to a building;
(g)the installation of solar panels in relation to a building;
(h)plumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995.
Regulation 4(2)—after paragraph (c) insert:
(d)painting a house or part of a house;
(e)the installation of air-conditioning in relation to a house;
(f)the installation of solar panels in relation to a house;
(g)plumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995 in relation to a house.
5—Insertion of regulation 10A
Before regulation 11 insert:
10A—Certain people registered under other Acts taken to be registered
The building work supervisors registration of a person who is, under section 14(b) of the Act, taken to hold that registration for the purposes of Part 3 of the Act is limited to the supervision of the type of work for which the person is registered (without a condition requiring supervision or technical direction) under Part 3 of the Plumbers, Gas Fitters and Electricians Act 1995.
6—Insertion of regulation 14A
Before regulation 15 insert:
14A—Requirements for domestic building work contracts that contain a charging clause
(1)For the purposes of section 28(1)(d) of the Act, a domestic building work contract that contains a charging clause must include the following information:
(a)that the clause seeks to establish an interest in the property to which the contract relates for which a right to lodge a caveat over the property will exist;
(b)that, in the event that a caveat is lodged over the property, the rights of the owner of the property to deal with the property and have such dealings registered in the Lands Titles Office will be restricted;
(c)that the interest in the property created by the clause entitles the building work contractor to apply to a court for the sale of the property for the purposes of recovering any debt that may be outstanding in relation to the contract;
(d)that the person entering into the contract is advised to seek independent legal advice in relation to the clause.
(2)In this regulation—
charging clause means a clause in a domestic building work contract that gives the building work contractor the party to the contract a legal right to lodge a caveat over the property on which the building work contractor is performing work under the contract.
7—Variation of Schedule 1—Fees
Schedule 1, item 5—delete "vary or revoke a licence condition (section 7(2)(b) of the Act)" and substitute:
impose, vary or revoke a licence condition (section 7(2) of the Act)
Schedule 1, item 10—delete "vary or revoke a condition of registration (section 13(2)(b) of the Act)" and substitute:
impose, vary or revoke a condition of registration (section 13(2) of the Act)
8—Variation of Schedule 3—Forms
Schedule 3, Form 1—after clause 8 insert:
9—What is a charging clause?
A charging clause in a building work contract is a clause that gives your building work contractor the right to lodge a caveat over the property on which the building work contractor is performing building work under the contract. If a caveat is lodged over the property, you (as owner of the property) may be restricted from dealing with and registering dealings with the property at the Land Titles Office.
The interest created by the clause would entitle your building work contractor to apply to the court for the sale of the property to recover any debt owed by you for building work performed under the contract.
Check your contract carefully, and, if you are not certain about whether your building work contract contains a charging clause or the implications of a charging clause, you should seek independent legal advice.
Schedule 3, Form 1, clauses 9, 10, 11, 12, 13, 14 and 15—redesignate clauses 9, 10, 11, 12, 13, 14 and 15 as clauses 10, 11, 12, 13, 14, 15 and 16 respectively.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 29 October 2015
No 221 of 2015
14MBSC12CS
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