Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024 (WA)

Western Australia

Home Building Contracts Act 1991

Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024

Western Australia

Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024 Contents Home Building Contracts Act 1991

Home Building Contracts Act 1991

Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002.

4.Regulation 5 replaced

Delete regulation 5 and insert:

5. Exemption from Part 3A of Act — no contracts entered into at time building permit granted

• (1)

  This regulation applies to residential building work for or in respect of a multi‑storey multi‑unit development if —

  • (a)

    a building permit for the work is to be granted; and

  • (b)

    at the time the building permit is to be granted, there is to be in force —

    • (i)

      no building contract relating to the work; and

    • (ii)

      no sale contract relating to the development to which the builder is a party.

• (2)

  The residential building work is exempt from the requirements of Part 3A of the Act.

   

5.Regulation 7 amended

In regulation 7(2) delete the Penalty and insert:

Penalty for this subregulation: a fine of $5 000.

6.Regulation 9 amended

• (1)

  In regulation 9(1) —

  • (a)

    in paragraph (b) delete “licence” and insert:

     

  permit

   
  • (b)

    in paragraph (b) delete “issued —” and insert:

     

  granted —

   
• (2)

  In regulation 9(7) delete “licence has been issued” and insert:

   

permit has been granted

7.Regulation 10 amended

In regulation 10(1) delete the Penalty and insert:

Penalty for this subregulation: a fine of $5 000.

8.Part 5 inserted

After regulation 11 insert:

Part 5  —  Exemption for certain SDA buildings

12. Terms used

In this Part —

building owner, in relation to a building, means —

• (a)

  if the building is to be constructed under a residential building work contract — an owner in relation to the contract; and

• (b)

  otherwise — an owner of the land on which the building is to be constructed;

class, followed by a designation, in relation to a building, means a building of the designated class under the Building Code of Australia;

exempt building means a building to which exempt work relates;

exempt work means residential building work that is exempt from the requirements of Part 3A of the Act under regulation 13(1);

HII cover means —

• (a)

  a policy of insurance that complies with section 25D or 25G of the Act; or

• (b)

  corresponding cover;

SDA building means a building enrolled under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Commonwealth) section 26 as a dwelling at which specialist disability accommodation can be provided.

13. Exemption — certain buildings intended to be leased as SDA buildings

• (1)

  Residential building work that relates to the construction of a class 1b building or a class 3 building is exempt from the requirements of Part 3A of the Act if —

  • (a)

    the building owner intends the building to be used as an SDA building; and

  • (b)

    before a building permit for the residential building work is issued, the building owner gives to the permit authority that is to grant the building permit a statutory declaration by the building owner to the effect that the building owner intends the building to be used as an SDA building.

• (2)

  This regulation does not apply to residential building work in respect of which application is made for a building permit before the day on which the Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024 regulation 3 comes into operation.

14. Obligation to apply for enrolment of exempt building as SDA building

• (1)

  This regulation applies if a building owner in relation to an exempt building makes a statutory declaration referred to in regulation 13(1)(b).

• (2)

  The building owner must ensure that, within the period of 12 months from the day of practical completion, an application is made under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Commonwealth) section 25 to enrol the exempt building as an SDA building.

Penalty for this subregulation: a fine of $5 000.

• (3)

  It is a defence to a charge under subregulation (2) to prove that the person charged has a reasonable excuse that arises out of events —

  • (a)

    that occur after the making of the statutory declaration; and

  • (b)

    that the person charged could not reasonably have foreseen, avoided or anticipated.

15. Sale of exempt building within 6 years of practical completion

• (1)

  In this regulation —

relevant period, in relation to an exempt building, means —

• (a)

  if the exempt work is work to which Part 3A Division 2 of the Act applies — the period of 6 years from the day of practical completion of the work; and

• (b)

  if the exempt work is work to which Part 3A Division 3 of the Act applies — the period of 7 years from the date of grant of the building permit for the work.

• (2)

  A person must not, within the relevant period, enter into a contract to sell an exempt building or any part of it unless the person has notified the purchaser in writing that HII cover is not in force in respect of the exempt building.

Penalty for this subregulation: a fine of $5 000.

9.Schedule 1 amended

In Schedule 1 Form 1 item 11 delete “which‑ever” and insert:

whichever

K. COLLERAN, Clerk of the Executive Council