Home Building Act 1989 Home Building Amendment (Insurance) Regulation 1999 (1999-205) [GG No 56 of 7.5.1999, p 3032] (NSW)

1999 No 205

New South Wales

under the

Home Building Act 1989

His Excellency the Governor, with the advice of the Executive CounciI, has made the following Regulation under the Home Building Act 1989.

JOHN WATKINS, M.P.,
Minister for Fair Trading.

The object of this Regulation is to remove any doubt about the operation of the insurance requirements of section 102 of the Act in connection with the repair of certain residential flat buildings arising from damage caused by the Sydney hailstorm on 14 April 1999. The Regulation ensures that the standard $200,000 insurance coverage for residential building work is not, in the case of the repair of common property such as a roof, to be increased artificially by being multiplied by the number of units within the building or by any other factor.

This Regulation is made under the Home Building Act 1989, including section 140.

Published in Gazette No 56 of 7 May 1999, page 3032 Page 1

o 205
Clause 1	Home Building Amendment (Insurance) Regulation 1999

s

ame of Regulation

This Regulation is the Home Building Amendment (Insurance)

Regulation 1999.

mendment of Home Building Regulation 1997

The Home Building Regulation 1997 is amended as set out in

Schedule l .

3 Notes

The explanatory note does not form part of this Regulation.

Home Building Amendment (Insurance) Regulation 1999

Amendment Schedule 1

t

(Clause 2)

Clause 57

Insert after clause 57: 

Exemption with respect to certain residential building
work

The object of this clause is to remove any doubt about the operation of the insurance requirements of section 102 of the Act in connection with the repair of certain residential flat buildings arising from damage caused by the Sydney hailstorm on 14 April 1999 (the Sydney hailstorm).

A person who contracts to do residential building work, principally for the purpose of the repair of damage caused by the Sydney hailstorm, on the common property of a single designated residential flat building is exempt from any provision of Part 6 of the Act or this Regulation that would require coverage in excess of $200,000 under the contract of insurance to be in force in relation to the proposed work (irrespective of the number of units within the residential flat building). Any such contract of insurance may be limited accordingly.

Nothing in this clause prevents any such contract of insurance from providing cover in excess of $200,000.

designated residential flat building means any building In this clause:

or portion of a building containing 2 or more strata or

company title home units (including any associated structures and improvements) in the following local government areas:

South Sydney, Marrickville, Botany, Waverley, Sydney,

Woollahra, Randwick, Randwick Sutherland.