Home Building Contracts Amendment Regulations 2020 (WA)

26 May 2020 GOVERNMENT GAZETTE, WA 1383

INDUSTRY REGULATION

1301

Home Building Contracts Act 1991

Home Building Contracts Amendment

Regulations 2020

SL 2020/66

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Home Building Contracts Amendment

Regulations 2020.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

cabinets and fitments; and

These regulations amend the Home Building Contracts

Regulations 1992.

4.           Regulation 3A inserted

After regulation 3 insert:

Prescribed payment for cabinetry work

(section 10(1)(a)(ii))

In this regulation —

cabinetry work means —

(a) the manufacture and installation of kitchen, bathroom, laundry and other custom-made

1384 GOVERNMENT GAZETTE, WA 26 May 2020

(b)	the refurbishment or repair of kitchen,
bathroom, laundry and other fitted cabinets and fitments; but
(c)	does not include the purchase and installation

of off-the-shelf cabinets;

off-site work, in respect of home building work, means
work performed at a place that is not the place at which
the home building work is to be finally installed or

constructed under the contract.

(2) This regulation applies only if—

(a) a builder enters into a home building work

contract in respect of cabinetry work; and

(b)	the value of the off-site work to be performed
under the contract is more than 50% of the total

amount payable under the contract.

(3) For the purposes of section 10(1 )(a)(ii), the builder
may, before the commencement of the home building
work, demand payment of a deposit of not more than
20% of the total amount payable to the builder under
the contract.

5.      Schedule 1 amended

In Schedule 1 under the heading "Provisions that are not

allowed" delete paragraph (a) and insert:

(a)	a deposit before the work begins of -
(i) if the Home Building Contracts

Regulations 1992 regulation 3A applies to the contract - no more than 20% of the contract price; or

(ii)	otherwise — no more than 6.5% of the
contract price;
and
R. NEILSON, Clerk of the Executive Council.