home Building Amendment (Forms) Regulation 2005 (NSW)

2005 No 679

New South Wales

Home Building Amendment (Forms)

Regulation 2005

under the

Home Building Act 1989

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

JOHN DELLA BOSCA, M.L.C.,

Minister for Commerce

Explanatory note
Section 96A of the Home Building Act 1989 provides that a contract of sale is voidable at the option of a purchaser in certain circumstances if the vendor, being a developer, fails to attach a certificate in relation to building work insurance to the contract. The Home Building Amendment Act 2004 amends section 96A so that a contract is not voidable if the appropriate certificate of insurance is obtained before entering into the contract and is served on the purchaser, in the prescribed form, before completion of the contract. The object of this Regulation is to amend the Home Building Regulation 2004 to prescribe the form for that certificate of insurance. The form is the same as the form of certificate that may be attached to the contract.
This Regulation is made under the Home Building Act 1989, including sections 96A (3A) and

140 (the general regulation-making power).

Published in Gazette No 132 of 28 October 2005, page 8961	Page 1
2005 No 679
Clause 1	Home Building Amendment (Forms) Regulation 2005

Home Building Amendment (Forms) Regulation 2005

under the

Home Building Act 1989

1      Name of Regulation

This Regulation is the Home Building Amendment (Forms) Regulation
2005.

2      Commencement

This Regulation commences on 7 November 2005.

3 Amendment of Home Building Regulation 2004

The Home Building Regulation 2004 is amended as set out in
Schedule 1.

2005 No 679

Home Building Amendment (Forms) Regulation 2005

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 66 Certificates evidencing insurance

Insert at the end of the clause:

(5) For the purposes of section 96A of the Act, the prescribed form
of the certificate of insurance is the form set out in Form 1.

[2]      Schedule 1 Forms

Omit “(Clause 66 (1) and (4))” from Form 1. Insert instead “(Clause 66 (1), (4) and (5))”.

[3]      Schedule 1, Form 1

Omit “Section 92/96*”. Insert instead “Section 92/96/96A*”.

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