Home Building Regulation 2014 (NSW)
Fair Trading Legislation Amendment (Reform) Act 2018 No 65 (amended by COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 No 5), Sch 4.2[2] (not commenced)
Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2, Sch 2.15[2]–[6] (not commenced)
This Regulation is the Home Building Regulation 2014.
This Regulation commences on 15 January 2015 and is required to be published on the NSW legislation website.
In this Regulation—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
A person is exempt from the requirements of section 4 (Unlicensed contracting) of the Act if the contract concerned is made by or on behalf of—
(a) an exempt corporation and the exempt corporation does not contract to do specialist work only under the contract, or
(b) a general contractor and the general contractor contracts to do specialist work (none of which is residential building work) under the contract and that specialist work is part only of the work to be done under the contract by the general contractor, or
(c) an electricity supply authority and the electricity supply authority contracts under the contract to do only installation, alteration or maintenance work on power lines forming part of an electrical installation.
A person is exempt from the requirements of section 5 (Seeking work by or for unlicensed person) of the Act if the representation concerned is made by or about—
(a) an exempt corporation and the representation does not relate to specialist work only, or
(b) a general contractor and the representation relates to specialist work none of which is residential building work and that specialist work is only part of the work to be done, or
(c) an electricity supply authority and the representation relates only to installation, alteration or maintenance work on power lines forming part of an electrical installation.
In this clause—
(a) a council or county council within the meaning of the Local Government Act 1993, or
(b) a corporation that is constituted by or under an Act, other than—
(i) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or
(ii) a corporation that is subject to control under the Co-operatives (Adoption of National Law) Act 2012 or the Associations Incorporation Act 2009.
For the purposes of section 7 (1A) of the Act, the prescribed amount is—
(a) for contracts entered into before 1 March 2015—$5,000, and
(b) for contracts entered into on or after 1 March 2015—$20,000.
For the purposes of section 7AAA of the Act, the prescribed amount is—
(a) for contracts entered into before 1 March 2015—$1,000, and
(b) for contracts entered into on or after 1 March 2015—$5,000.
(Repealed)
For the purposes of section 7BA (1A) of the Act, the prescribed amount is $20,000.
A contract to do residential building work to which section 7 of the Act applies must include the following—
(a) a checklist in the approved form,
(b) information, in the approved form, that explains the operation of the Building and Construction Industry Security of Payment Act 1999 and the Building and Construction Industry Security of Payment Regulation 2020.
In this clause—
For the purposes of section 7E of the Act, a contract to do residential building work must include each of the conditions set out in Part 1 of Schedule 3.
For the purposes of section 16DE of the Act, a contract to supply a kit home must include each of the conditions set out in Part 2 of Schedule 3.
This clause does not apply to a contract entered into on or after 1 March 2015.
For the purposes of section 7E (2) (b) of the Act, a relevant contract entered into on or after 1 March 2015 must not contain a term that provides that residential building work under the contract was taken to have commenced prior to residential building work being performed on the land to which the contract relates.
The above subclause limits the terms that can be included in certain contracts to do residential building work. It does not limit terms in a contract that relate to associated work that is not residential building work.
In this clause—
On and from 1 March 2015, the prescribed amount for the purposes of section 8A (1) of the Act is $20,000.
For the purposes of clause 2 (3) (a) of Schedule 1 to the Act, the prescribed amount is $5,000.
For the purposes of sections 21 (1) (a) and 27 (1) (a) of the Act—
(a) the following
building work categories of residential building work are prescribed—(i) erection of pre-fabricated metal-framed home additions and structures,
(ii) general building work,
(iii) kitchen, bathroom and laundry renovation,
(iv) structural landscaping,
(v) swimming pool building, and
(b) the following
trade categories of residential building work are prescribed—(i) bricklaying,
(ii) carpentry,
(iii) decorating,
(iv) dry plastering,
(v) excavating,
(vi) fencing,
(vii) general concreting,
(viii) glazing,
(ix) joinery,
(x) metal fabrication,
(xi) minor maintenance and cleaning,
(xii) minor tradework,
(xiii) painting,
(xiv) roof plumbing,
(xv) roof slating,
(xvi) roof tiling,
(xvii) stonemasonry,
(xviii) swimming pool repairs and servicing,
(xix) underpinning or piering,
(xx) wet plastering,
(xxi) wall and floor tiling,
(xxii) waterproofing.
For the purposes of sections 21 (1) (b) and 27 (1) (b) and (2) of the Act, the following
(a) advanced liquefied petroleum gasfitting work,
(b) air-conditioning work,
(c) disconnection and reconnection of fixed electrical equipment,
(d) draining work,
(e) electrical wiring work,
(f) gasfitting work,
(g) liquefied petroleum gasfitting work,
(h) plumbing work,
(i) refrigeration work,
(j) water plumbing—fire protection systems,
(k) water plumbing—fire sprinkler systems,
(l) water plumbing—urban irrigation,
(m) water plumbing work,
(n) medical gasfitting work,
(o) medical gas technician work,
(p) mechanical services and medical gas work.
A contractor licence that authorises work in a category of residential building work prescribed by clause 13 (a) is subject to the condition that the holder of the licence must not do any specialist work involved, and must instead enter into a subcontract with the holder of a contractor licence in the relevant category of specialist work, unless the holder of the first-mentioned licence also holds a contractor licence in the relevant category of specialist work.
It is a condition of a contractor licence that the holder of the licence must comply with an order made by a court or the tribunal under section 48O (1) (c) of the Act.
A supervisor certificate that authorises work in a category of residential building work prescribed by clause 13 (a) is subject to the condition that the holder of the supervisor certificate may not do specialist work other than under the immediate supervision and direction of the holder of a contractor licence or supervisor certificate that permits the doing or supervision of the relevant category of specialist work, unless the holder of the supervisor certificate also holds an authority that permits the holder to do the relevant specialist work.
It is a condition of a supervisor certificate that the holder of the certificate must comply with an order made by a court or the tribunal under section 48O (1) (c) of the Act.
It is a condition of a qualified supervisor’s endorsed contractor licence or supervisor certificate that the qualified supervisor supervises electrical wiring work in accordance with the Supervision Practice Standard, to the extent the standard does not conflict with the Act.
For the purposes of section 31 (2) (d) of the Act, an applicant for an owner-builder permit must hold a current general construction induction training card (within the meaning of the Work Health and Safety Regulation 2011) before a permit may be issued.
In addition, if the reasonable market cost of the labour and materials of proposed owner-builder work exceeds $20,000, the Secretary may approve additional education and training requirements that an applicant for an owner-builder permit must complete before an owner-builder permit may be issued.
Under Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by sections 19 (2), 24 (2) and 30 (2) of the Home Building Act 1989), an application for the replacement of an authority may be made to the Secretary by the authority holder if the authority is lost, damaged or destroyed.
The holder of an authority that is replaced by the Secretary—
(a) must surrender the original authority if it is recovered, or
(b) in the case of a damaged authority that is replaced, must surrender the damaged authority.
Maximum penalty—10 penalty units.
(Repealed)
For the purposes of the definition of
For the purposes of section 29 (3) of the Act, a person has a prescribed interest in land (so that the person is an owner of land for the purposes of Division 3 of Part 3 of the Act) if the person individually, jointly or in common, either at law or in equity—
(a) has a freehold interest in the land (such as where the person is duly registered under the Real Property Act 1900 as the proprietor of an estate in fee simple, whether unconditionally, for life or in remainder), or
(b) has a leasehold interest in the land that is registered under the Real Property Act 1900.
The Secretary may require an applicant for an owner-builder permit who has a leasehold interest in the land concerned (other than a leasehold in perpetuity) to obtain the written permission of the person who has the freehold interest or leasehold interest in perpetuity in that land to carry out the work for which the permit is required.
Extended descriptions of the work that the holders of various categories of contractor licences, supervisor certificates or tradesperson certificates are authorised to do or contract to do are provided in Schedule 4.
If the work that a contractor licence authorises its holder to contract to do is described in the contractor licence by the use of a work description specified in Column 1 of the Table in Schedule 4, the description is to be taken to refer to the work specified for the work category in Column 2 of that Table.
Holders of contractor licences, supervisor certificates or tradesperson certificates on which are endorsed one or more of the work categories listed in Column 1 of the Table in Schedule 4 are authorised to contract to do or to do, as the case may be, the specialist work or the residential building work more fully described in Column 2 of the Table opposite each such work category.
For the purposes of the definition of
(a) the Construction Occupations (Licensing) Act 2004 of the Australian Capital Territory,
(b) the Electrical Workers and Contractors Act, the Plumbers and Drainers Licensing Act, the Dangerous Goods Act (in so far as it relates to gas fitters) and the Building Act of the Northern Territory,
(c) the Queensland Building and Construction Commission Act 1991, the Electrical Safety Act 2002, the Plumbing and Drainage Act 2002 and the Petroleum and Gas (Production and Safety) Act 2004 of Queensland,
(d) the Building Work Contractors Act 1995 and the Plumbers, Gas Fitters and Electricians Act 1995 of South Australia,
(e) the Building Act 2000 and the Occupational Licensing Act 2005 of Tasmania (in so far as it relates to gas fitters),
(f) the Building Act 1993 and the Electricity Safety Act 1998 of Victoria,
(g) the Building Services (Registration) Act 2011, the Plumbers Licensing Act 1995, the Electricity Act 1945 and the Gas Standards Act 1972 of Western Australia.
Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 is modified in the following manner—
(a) sections 9 and 10 do not apply in relation to an owner-builder permit,
(b) section 14 (1) is taken to read as follows—
(1) The relevant licensing authority may serve notice on an applicant requiring the applicant—
(a) to provide—
(i) such information further to the original information contained in the application, and
(ii) such documentary or other evidence in support of the original or further information,
as the authority may require to enable it to deal with the application, or
(b) to have his or her photograph taken by the authority, or to provide a photograph in a form specified by the authority,
(c) section 21 is taken to include the following subsection after section 21 (2)—
(2A) Except for the purposes of any proceedings for an offence or relating to a complaint under Part 4 of the Home Building Act 1989, an authority that is the subject of an application for restoration (a
restoration application ) that has been duly made is to be taken to have continued in force from the time the authority expired until one of the following occurs—(a) the authority is renewed by the Secretary,
(b) if the Secretary rejects the application,
(c) the restoration application is withdrawn,
(d) section 21 is taken to include the following subsection after section 21 (8)—
(9) Nothing in this section prevents the suspension of a contractor licence (within the meaning of the Home Building Act 1989).
The Secretary is not required by section 22 (1) (h) of the Act to cancel a contractor licence held by a corporation due to circumstances set out in section 33B (1) (a) (xv) of the Act if—
(a) the circumstances set out in section 22B (1) of the Act apply, and
(b) the corporation has not been wound up and is not subject to a winding up order.
The Secretary is not required by section 22 (1) (h) of the Act to cancel a contractor licence held by the director of a corporation due to circumstances set out in section 33B (1) (a) (xv) of the Act if—
(a) the circumstances set out in section 22B (1) of the Act apply, and
(b) the corporation has not been wound up and is not subject to a winding up order.
The Secretary is not required by section 22 (1) (h) of the Act to cancel a contractor licence in circumstances to which section 42A of the Act applies.
The Secretary is not required by section 22 (1) (h) of the Act to cancel a contractor licence in circumstances to which section 33B (1) (a) (v) or (vi) of the Act applies due to an order made under section 48O (1) (c) of the Act.
An individual who does residential building work in connection with a dwelling is exempt from the requirements of sections 12 (Unlicensed work) and 13 (Unqualified residential building work) of the Act if the individual owns the land on which the dwelling is located, the work does not include specialist work and the work does not need to be authorised by an owner-builder permit.
For the purposes of this clause—
(a) if land is owned by a company that is wholly owned by individuals, the land is to be taken (for the purposes of this Division) to be owned by those individuals, and
(b) a reference to an owner of land includes a reference to a person who has a prescribed interest (as prescribed by clause 19 (2)) in the land.
An individual who does residential building work (not being specialist work) is exempt from the requirements of section 12 (Unlicensed work) of the Act if—
(a) the individual is employed by—
(i) a council or county council within the meaning of the Local Government Act 1993, or
(ii) a corporation that is constituted by or under an Act, other than—
(A) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or
(B) a corporation that is subject to control under the Co-operatives (Adoption of National Law) Act 2012 or the Associations Incorporation Act 2009, and
(b) the residential building work concerned is done in the ordinary course of the employee’s duties.
An individual who does specialist work is exempt from the requirements of section 12 (Unlicensed work) of the Act if the individual is the holder of an appropriate supervisor certificate and the work is done in connection with—
(a) premises that the holder owns or a dwelling in which he or she resides, or
(b) premises owned or occupied by the holder’s employer.
An individual who does electrical wiring work is exempt from the requirements of sections 12 (Unlicensed work) and 14 (Unqualified electrical wiring work) of the Act if—
(a) the individual is employed by an electricity supply authority principally for the performance of work other than electrical wiring work, and
(b) the electrical wiring work concerned is done in the ordinary course of the employee’s duties.
Subclause (1) does not apply to specialist work that is medical gasfitting work, medical gas technician work or mechanical services and medical gas work.
An individual who does electrical wiring work without complying with section 14 (2) of the Act is exempt from the requirement of holding an authority referred to in section 14 (1) of the Act if—
(a) the individual is an apprentice or trainee, and
(b) the course of studies undertaken as part of the individual’s apprenticeship or traineeship includes a study of the kind of electrical wiring work the individual is doing, and
(c) the apprentice or trainee does that work under the supervision, and in accordance with the directions, of the qualified supervisor including any instructions about how the work is to be supervised or checked by the qualified supervisor.
See clauses 16A and 28 for the requirements for qualified supervisors.
A qualified supervisor is exempt from the requirements of the Act, section 14(4)(b) when supervising electrical wiring work if the qualified supervisor supervises the work in accordance with the Supervision Practice Standard.
A person is exempt from the requirements of section 44 (Return of cancelled or varied authority) of the Act if the Secretary states in the notice imposing a condition on the authority concerned that there is no need for the condition to be endorsed on the authority.
For the purposes of section 48L of the Act—
(a) proceedings are to be transferred by order of the court hearing the proceedings, and
(b) notice of the transfer is to be given to the principal registrar of the Tribunal by the registrar of the court hearing the proceedings, and
(c) all documents relating to the proceedings in the custody of the court hearing the building claim are to be transferred by the registrar of the court to the principal registrar of the Tribunal.
On receipt of such a notice of transfer and accompanying documents, the principal registrar must serve on all of the parties a notice fixing a date and time for the holding of the hearing or a directions hearing in relation to the proceedings.
For the purposes of section 48R of the Act, the following warning must be included in an order made under Part 3A of the Act—
You must notify the NSW Fair Trading’s Home Building Service in writing when you have complied with an order (for example, when you have done the work or paid the money).
If you do not notify the Home Building Service, your public record will show that you have failed to comply with an order.
If you fail to comply with an order, you could be subject to penalties or disciplinary action.
If you failed to pay an order for more than 28 days after the due date, your licence will be automatically suspended. If you have an outstanding order for work, you will be unable to renew your licence when it expires.
You can be fined up to $22,000 if you falsely claim that you have complied with an order.
A licensee must prominently display a sign on land if the licensee is doing residential building work on that land—
(a) that requires development consent, and
(b) that is authorised by the licence.
Maximum penalty—20 penalty units in the case of a corporation and 10 penalty units in any other case.
The sign must show the following in clear and legible characters—
(a) the name of the licensee shown on the contractor licence,
(b) the words “licensed contractor” or words to that effect,
(c) the number of the contractor licence held by the licensee.
This clause does not apply to the holder of a contractor licence—
(a) who contracts to do work that has been authorised by an owner-builder permit, or
(b) who has entered into a contract with the principal contractor to do the work concerned.
A person who holds a contractor licence who publishes, distributes, displays or exhibits any advertisement of any kind relating to doing or contracting to do residential building work or specialist work by the person must ensure that the details required by this clause are included in the advertisement.
Maximum penalty—20 penalty units in the case of a corporation and 10 penalty units in any other case.
If the licensed person is an individual, the following details are required—
(a) the holder’s name or, if the holder has a business name registered under the Business Names Registration Act 2011 of the Commonwealth in respect of the work to which the contractor licence applies, that business name,
(b) the number of the contractor licence held by the individual.
If the licensed person is a partnership, the following details are required—
(a) the names of all the members of the partnership or, if the partnership has a business name registered under the Business Names Registration Act 2011 of the Commonwealth in respect of the work to which the contractor licence applies, that business name,
(b) the number of the contractor licence held by the partnership.
If the licensed person is a corporation, the following details are required—
(a) the name of the corporation or, if the corporation has a business name registered under the Business Names Registration Act 2011 of the Commonwealth in respect of the work to which the contractor licence applies, that business name,
(b) the number of the contractor licence held by the corporation.
In this Part—
(a) common property within the meaning of the Strata Schemes Development Act 2015, or
(b) association property within the meaning of the Community Land Development Act 2021.
A reference in this Part to the disappearance of a contractor is a reference to disappearance from Australia and includes a reference to the fact that, after due search and inquiry, the contractor cannot be found in Australia.
For the purposes of section 95 (3) (b) of the Act, the amount of $20,000 (inclusive of GST) is prescribed.
An insurance contract may be entered into for the purposes of Part 6 of the Act by a contractor, or by a beneficiary in respect of the work done, and may be arranged by any such person.
An insurance contract must provide that the beneficiaries under the contract are—
(a) a person on whose behalf residential building work covered by the contract is done or is to be done, or
(b) a person who is a purchaser of land on which work required by Part 6 of the Act to be insured, and covered by the contract, is done, or
(c) a successor in title to any person referred to in paragraph (a) or (b).
The following persons are not required to be beneficiaries under an insurance contract—
(a) a developer who does residential building work,
(b) a person who does residential building work other than under a contract,
(c) a holder of a contractor licence who carried out residential building work,
(d) related companies, within the meaning of section 50 of the Corporations Act 2001 of the Commonwealth, to any corporate person referred to in paragraph (a), (b) or (c),
(e) a body corporate that is related, within the meaning of section 50 of the Corporations Act 2001 of the Commonwealth, to any corporate person referred to in paragraph (a), (b) or (c),
(f) a body corporate that is a related party, within the meaning of section 228 of the Corporations Act 2001 of the Commonwealth, of any corporate person referred to in paragraph (a), (b) or (c).
Nothing in this clause prevents a person referred to in subclause (2) from being a beneficiary under an insurance contract.
For the purposes of this clause, the owner or owners of common property the subject of work referred to in Part 6 of the Act are taken to be purchasers of the land on which the common property is situated.
An insurance contract must contain (and is taken to contain) a provision to the effect that the insurer is not entitled either to refuse to pay a claim under the contract or to cancel the contract on the ground that the contract was obtained by misrepresentation or non-disclosure by the contractor or that the policy premium was not paid providing, in the latter case, that a certificate evidencing insurance has been given or the insurer has otherwise accepted cover.
An insurance contract must contain (and is taken to contain) a provision to the effect that an insurer is taken to have accepted liability for an insurance claim if written notice of the insurer’s decision in relation to the claim is not given to the beneficiary within—
(a) 90 days of the lodging of the claim with the insurer, or
(b) such further time as may be agreed between the beneficiary and the insurer.
This clause does not apply to an insurance claim that relates to a loss that is not required by Part 6 of the Act to be covered by a contract of insurance.
This clause does not apply to insurance contracts entered into before 1 September 2005.
This clause does not apply to a warranty period insurance contract or a construction period insurance contract.
An insurance contract must indemnify beneficiaries under the insurance contract for the following losses or damage in respect of residential building work covered by the insurance contract—
(a) loss or damage resulting from non-completion of the work because of—
(i) the insolvency, death or disappearance of the contractor, or
(ii) for policies issued on or after 19 May 2009, the suspension of a contractor licence pursuant to section 42A of the Act, and
(b) loss or damage arising from a breach of a statutory warranty, being loss or damage in respect of which the beneficiaries cannot recover compensation from the contractor or have the contractor rectify because of—
(i) the insolvency, death or disappearance of the contractor, or
(ii) for policies issued on or after 19 May 2009, the suspension of a contractor licence pursuant to section 42A of the Act.
Without limiting subclause (1), an insurance contract must indemnify a beneficiary for the following loss or damage, being loss or damage in respect of which a beneficiary cannot recover compensation from the contractor concerned, or have the contractor rectify, because of the insolvency, death or disappearance of the contractor and for policies issued on or after 19 May 2009, suspension of a contractor licence pursuant to section 42A of the Act—
(a) loss or damage resulting from faulty design, where the design was provided by the contractor, or
(b) loss or damage resulting from non-completion of the work because of early termination of the contract for the work because of the contractor’s wrongful failure or refusal to complete the work, or
(c) the cost of alternative accommodation, removal and storage costs reasonably and necessarily incurred as a result of an event referred to in subclause (1), or
(d) loss of deposit or progress payment due to an event referred to in subclause (1), or
(e) any legal or other reasonable costs incurred by a beneficiary in seeking to recover compensation from the contractor for the loss or damage or in taking action to rectify the loss or damage.
The insurance contract must state that the risks indemnified include the acts and omissions of all persons contracted by the contractor or other person to perform the work resulting in loss or damage of a kind referred to in this clause.
For the purposes of subclause (1), if residential building work has not commenced, the insurance contract may limit the loss or damage indemnified against to the loss of any deposit paid, but is not required to limit the loss or damage to that amount.
A construction period insurance contract must indemnify beneficiaries under the contract for loss or damage in respect of residential building work covered by the construction period insurance contract resulting from non-completion of the work because of—
(a) the insolvency, death or disappearance of the contractor, or
(b) the suspension of a contractor licence pursuant to section 42A of the Act.
A construction period insurance contract must indemnify beneficiaries under the contract for loss or damage in respect of the non-completion of residential building work covered by the construction period insurance contract arising from a breach of a statutory warranty, being loss or damage in respect of which the beneficiaries cannot recover compensation from the contractor or have the contractor rectify because of—
(a) the insolvency, death or disappearance of the contractor, or
(b) the suspension of a contractor licence pursuant to section 42A of the Act.
Without limiting subclauses (1) and (2), a construction period insurance contract must indemnify a beneficiary for the following loss or damage in respect of the non-completion of residential building work, being loss or damage in respect of which a beneficiary cannot recover compensation from the contractor concerned, or have the contractor rectify, because of the insolvency, death or disappearance of the contractor or the suspension of a contractor licence pursuant to section 42A of the Act—
(a) loss or damage resulting from faulty design, where the design was provided by the contractor,
(b) loss or damage resulting from non-completion of the work because of early termination of the contract for the work because of the contractor’s wrongful failure or refusal to complete the work,
(c) the cost of alternative accommodation, removal and storage costs reasonably and necessarily incurred as a result of the non-completion,
(d) loss of deposit or progress payment due to the non-completion,
(e) any legal or other reasonable costs incurred by a beneficiary in seeking to recover compensation from the contractor for the loss or damage or in taking action to rectify the loss or damage.
The construction period insurance contract must state that the risks indemnified include the acts and omissions of all persons contracted by the contractor or other person to perform the work resulting in loss or damage of a kind referred to in this clause.
For the purposes of this clause, if residential building work has not commenced, the construction period insurance contract may limit the loss or damage indemnified against to the loss of any deposit paid, but is not required to limit the loss or damage to that amount.
A warranty period insurance contract must indemnify beneficiaries under the contract for loss or damage in respect of residential building work covered by the warranty period insurance contract, being loss or damage arising from a breach of a statutory warranty, being loss or damage in respect of which the beneficiaries cannot recover compensation from the contractor or have the contractor rectify because of—
(a) the insolvency, death or disappearance of the contractor, or
(b) the suspension of a contractor licence pursuant to section 42A of the Act.
Without limiting subclause (1), the warranty period insurance contract must indemnify a beneficiary for the following loss or damage, being loss or damage in respect of which a beneficiary cannot recover compensation from the contractor concerned, or have the contractor rectify, because of the insolvency, death or disappearance of the contractor or the suspension of a contractor licence pursuant to section 42A of the Act—
(a) loss or damage resulting from faulty design, where the design was provided by the contractor,
(b) the cost of alternative accommodation, removal and storage costs reasonably and necessarily incurred as a result of the non-completion,
(c) any legal or other reasonable costs incurred by a beneficiary in seeking to recover compensation from the contractor for the loss or damage or in taking action to rectify the loss or damage.
A warranty period insurance contract must state that the risks indemnified include the acts and omissions of all persons contracted by the contractor or other person to perform the work resulting in loss or damage of a kind referred to in this clause.
Despite clauses 40 and 40A, an insurance contract may contain a provision that excludes the insurer from liability for the amount of any part of—
(a) a deposit that exceeds the amount permitted for such a deposit by section 8 of the Act, or
(b) on and from 1 March 2015—a progress payment that exceeds the amount permitted for such a payment by section 8A of the Act, or
(c) if a deposit has not been paid, the amount of the deposit.
An insurance contract may contain the following limitations on liability under the contract—
(a) the contract may limit claims that may otherwise arise under the building contract in the nature of liquidated damages for delay or damages for delay provided that any such limitation must not extend to any increase in rectification costs caused by the effluxion of time,
(b) the contract may exclude a claim for such loss or damage as could be reasonably expected to result from fair wear and tear of the building work covered by the contract or failure by the beneficiary to maintain the building work,
(c) the contract may exclude a claim in relation to a defect in, or the repair of damage to, major elements in the non-residential part of a building that supports or gives access to the residential part, unless it is a defect or damage that adversely affects the structure of the residential part or the access to it,
(d) the contract may exclude a claim in relation to damage caused by the normal drying out of the building work, if the damage has occurred despite the contractor taking all reasonable precautions in allowing for the normal drying out when carrying out the building work,
(e) the contract may exclude a claim in relation to damage due to, or made worse by, the failure of any beneficiary to take reasonable and timely action to minimise the damage,
(f) the contract may exclude a claim in relation to an appliance or apparatus (such as a dishwasher or air-conditioning unit) if the claim is made after the expiry of the manufacturer’s warranty period for the appliance or apparatus or, if there is no warranty period, outside the reasonable lifetime of the appliance or apparatus,
(g) the contract may exclude a claim in relation to damage to work or materials that is made outside the reasonable lifetime of the work or materials or the manufacturer’s warranty period for the materials,
(h) the contract may exclude a claim in relation to a defect due to a faulty design provided by a beneficiary or a previous owner,
(i) the contract may limit liability resulting from non-completion of building work to an amount that is not less than 20% of the contract price (including any agreed variation to the contract price) for the work,
(j) the contract may exclude liability for work that is not residential building work or is not work that is required to be covered by a certificate of insurance under Part 6 of the Act (or both), regardless of whether a valid insurance certificate has been issued.
In addition, an insurance contract may exclude a claim for loss or damage resulting from any of the following if the exclusion is a standard policy provision of the insurer and the exclusion is not inconsistent with this Regulation and does not contravene this Regulation—
(a) war,
(b) an act of terrorism,
(c) civil unrest,
(d) asbestos contamination or removal,
(e) a nuclear event,
(f) risks normally insured under a policy for public liability or contract works,
(g) an act of God or nature,
(h) failure by the beneficiary to maintain appropriate protection against pest infestation or exposure of natural timbers,
(i) consequential loss, including, without limitation, loss of rent or other income, loss of enjoyment, loss of business opportunity, inconvenience or distress,
(j) malfunction in any mechanical or electrical equipment or appliance, if the insurer proves that the malfunction is not attributable to the workmanship of, or installation by, the contractor.
An insurance contract may contain any other limitation on liability, but only if it is not inconsistent with this Regulation and does not contravene any requirement of this Regulation.
For the purposes of this clause, an
Any lawful activity or any industrial action cannot be characterised as an act of terrorism for the purposes of this clause. An act can only be so characterised if it—
(a) causes or threatens to cause death, personal injury or damage to property, and
(b) is designed to influence a government or to intimidate the public or a section of the public, and
(c) is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause.
An insurance contract may contain a provision to the effect that the insurer may reduce its liability under the contract or reduce any amount otherwise payable in respect of a claim because of a failure by the beneficiary to take action to enforce a statutory warranty from the breach of which the insured loss arises, but only to the extent of an amount that fairly represents the extent to which the insurer’s interests were prejudiced as a result of the failure.
A provision included in an insurance contract under this clause does not limit the operation of any provision included in the insurance contract to the effect of a provision required to be included by clause 47.
An insurance contract may provide that the minimum amount of cover otherwise payable under section 102 of the Act or this Regulation, in respect of a dwelling in a building or complex containing more than one dwelling, may be reduced by not more than an amount calculated by dividing the amount of any claim paid by the insurer in relation to common property of the building or complex by the number of dwellings contained in the building or complex.
For the purposes of section 102 (3) of the Act, the amount prescribed is—
(a) in the case of a construction period insurance contract—$340,000 in relation to each dwelling to which the insurance relates, or
(b) in the case of a warranty period insurance contract—$340,000 in relation to each dwelling to which the insurance relates, or
(c) in the case of any other contract of insurance in relation to residential building work that is required by section 92 of the Act—$340,000 in relation to each dwelling to which the insurance relates, or
(d) in the case of any other contract of insurance in relation to residential building work that is required by section 96 of the Act—$340,000 in relation to each dwelling to which the insurance relates.
Subclause (1) is subject to clause 46.
An insurance contract must provide (and is taken to provide) that the minimum amount of cover payable is to be the amount provided for from time to time by the Act and this Regulation.
Subclause (2) does not prevent an insurance contract from providing for a minimum amount of cover that exceeds the amount referred to in that subclause.
An insurance contract that is entered into using any existing stock is taken to refer to the amount of cover that is, for the time being, the amount provided by or under this clause.
For the purposes of this clause,
(a) has been printed before the date of any increase in the amount of cover provided by or under this clause, and
(b) refers to the amount of cover provided by or under this clause immediately before that date.
For the purposes of section 102 (3) of the Act, the minimum amount of cover for which the contract of insurance must provide in relation to relevant residential flat building work is—
(a) if the amount obtained by dividing the contract price (inclusive of GST) by the number of dwellings in the building does not exceed $20,000—
(i) in the case of a construction period insurance contract—$340,000, or
(ii) in the case of a warranty period insurance contract—$340,000, or
(iii) in the case of any other contract of insurance —$340,000, or
(b) if the amount obtained by dividing the contract price (inclusive of GST) by the number of dwellings in the building exceeds $20,000—provide for cover of no less than $340,000 in relation to each dwelling in the building—
(i) in the case of a construction period insurance contract—$340,000 in relation to each dwelling to which the insurance relates, or
(ii) in the case of a warranty period insurance contract—$340,000 in relation to each dwelling to which the insurance relates, or
(iii) in the case of any other contract of insurance—$340,000.
In this clause—
(a) work on the common property of the existing single residential flat building (where the building comprises strata, community scheme or company title home units),
(b) work on an existing single residential flat building if the whole building is owned by the same person.
For the purposes of section 92A (c) of the Act, the contact details of the other party to the contract to do residential building work are prescribed as matters of which the holder of a contractor licence must inform the insurer.
For the purposes of section 103BB (6) of the Act, the following factors are to be taken into account in determining whether the conduct of the beneficiary under a contract of insurance constitutes diligent pursuit of the enforcement of a statutory warranty—
(a) whether or not the beneficiary has fulfilled the duties imposed on the beneficiary by section 18BA of the Act,
(b) except in the case where the breach arises because of the insolvency, death or disappearance of the contractor—whether or not the beneficiary has taken all the steps that were necessary and reasonable in the circumstances to notify the relevant dispute in accordance with Part 3A of the Act,
(c) whether or not the beneficiary has fulfilled any duties imposed on the beneficiary by section 48D (4) or (6) of the Act in relation to the investigation of the dispute,
(d) whether or not the beneficiary has complied with the requirements of any rectification order made in relation to the dispute, as required by section 48E (3) of the Act,
(e) whether or not the beneficiary has taken all the steps that were necessary and reasonable in the circumstances to commence and advance proceedings in a court or tribunal in relation to the relevant breach of statutory warranty,
(f) whether or not the beneficiary has taken all the steps that were reasonable or necessary to enforce any judgment or order obtained in relation to the dispute.
An insurance contract must contain (and is taken to contain) a provision to the effect that the insurer may not reduce its liability under the contract or reduce any amount otherwise payable in respect of a claim merely because of a delay in a claim being notified to the insurer if the claim is notified within the period set out below—
(a) except as referred to in paragraph (b), not later than 6 months after the beneficiary first becomes aware, or ought reasonably to be aware, of the fact or circumstance under which the claim arises, or
(b) in the case of a fact or circumstance that may give rise to a claim for loss or damage resulting from incomplete work, not later than 12 months after—
(i) the contract date, or
(ii) the date provided in the contract for commencement of work, or
(iii) the date work ceased,
whichever is the later.
However, an insurance contract may contain a provision extending the time within which notice of a fact or circumstance may be given or enabling the insurer to waive or extend the time within which notice may be given.
If a beneficiary gives notice of a loss (the
The giving of notice of or the making of a claim for the notified loss does not constitute the giving of notice of or the making of a claim for any related loss for the purposes of sections 103BA–103BC of the Act, and those sections are not affected by this clause or any provision included in an insurance contract pursuant to this clause.
For the purposes of making an appeal against a decision of an insurer, an insurance claim is taken to have been refused if written notice of the insurer’s decision is not given to the beneficiary within 45 days of the lodging of the claim with the insurer or within such further time as may be agreed between the beneficiary and the insurer.
This clause does not apply to an insurance claim made in relation to an insurance contract entered into on or after 1 September 2005.
An appeal against a decision of an insurer that is a building claim made under Part 3A of the Act or a claim under the Consumer Claims Act 1998 must be made not later than 45 days after written notice of the decision is given to the beneficiary.
Nothing in subclause (1) limits the time within which an appeal may be made if a claim is taken to have been refused because of the operation of clause 48 and written notice of a decision has not been given to the beneficiary.
However, an appeal may, with the leave of the Tribunal or court, be lodged with the principal registrar of the Tribunal or court after the end of the period referred to in subclause (1), if—
(a) an application is made to the Tribunal or court for leave to lodge the appeal out of time, and
(b) in the opinion of the Tribunal or court, there are special circumstances to grant leave, and
(c) the Tribunal or court grants leave.
Without limiting the type of circumstances that may be considered special circumstances, the time taken for a decision to be reviewed by the insurer is a factor in determining special circumstances.
(Repealed)
An insurance contract may require a beneficiary to give access to the relevant property to a contractor for the purpose of inspection, rectification or completion of work.
Any such requirement is to be subject to the beneficiary’s right to refuse access on reasonable grounds.
For the purposes of sections 92 (3) and 96 (3) (e) of the Act, the amount of $20,000 (inclusive of GST) is prescribed.
For the purposes of section 102 (6) of the Act, the maximum excess is $250.
A person to whom an exemption has been granted by the Authority under section 97 of the Act may apply to the Authority for the exemption to be amended or cancelled.
The Authority may, by notice in writing, at any time amend or cancel an exemption, on the making of an application or at the Authority’s discretion.
The notice must state the Authority’s reasons for the amendment or cancellation.
The amendment or cancellation takes effect on the giving of the notice to the person to whom the exemption was granted or on a later date specified in the notice.
For the purposes of section 97 (1A) of the Act—
(a) a developer who is required to comply with section 96A of the Act is prescribed as a person entitled to apply for an exemption under that subsection, and
(b) a contractor doing residential building work is prescribed as entitled to apply in relation to that work for the exemption referred to in that subsection.
The Authority must keep a register of exemptions granted under the Act, section 97.
The register of exemptions may include the following information—
(a) the name of the exempted person, including the person’s ACN if the exempted person is a corporation,
(b) the exempted person’s contractor licence number, if applicable,
(c) a description of the exempt work,
(d) the address, lot and deposited plan number of the land on which the exempt work is to be done,
(e) the date on which the exemption was granted.
The register must be made available, free of charge, on a NSW Government website.
In this clause—
A person who does, or enters into a contract to do, residential building work relating to the construction of a multi-storey building is exempt from the requirements of Part 6 of the Act in respect of that residential building work.
A developer who enters into a contract for the sale of land on which residential building work relating to the construction of a multi-storey building has been done, or is to be done, is exempt from the requirements of section 96A of the Act in relation to that residential building work.
The exemption in subclause (2) does not apply if the residential building work was contracted to be done before the commencement of this clause and, at the time the contract was entered into, the work was required to be insured.
The exemption in subclause (2) extends to a developer who enters into a contract for the sale of land to the extent that work relating to the building’s construction was contracted to be done before the commencement of this clause, if, at the time that work was contracted to be done, it did not relate to the construction of a multi-storey building for the purposes of the Home Building Regulation 2004.
This clause does not apply in respect of residential building work commenced before 31 December 2003 (being the date of commencement of clause 57BC of the Home Building Regulation 1997, the corresponding earlier version of this clause).
If a developer entered into a contract for the sale of land on which residential building work in relation to a multi-storey building was proposed to be carried out but was not commenced before 31 December 2003 and the developer complied with clause 61 in relation to that contract—
(a) the provisions of the contract complying with clause 61 (b) (ii) and (iii) cease to have effect, and
(b) the developer must notify the purchaser of the land in writing that they no longer have effect and of the exemption from the requirements of Part 6 of the Act in relation to the residential building work conferred by this clause.
In this clause—
(a) that has a rise in storeys of more than 3, and
(b) that contains 2 or more separate dwellings.
A holder of a contractor licence who does, or enters into a contract to do, residential building work on behalf of a developer, being residential building work relating to the construction of a self contained dwelling in a retirement village, is exempt from the requirements of Part 6 of the Act in respect of that residential building work.
A holder of a contractor licence who does, or enters into a contract to do, residential building work on behalf of an operator of a retirement village, being residential building work relating to that retirement village, is exempt from the requirements of Part 6 of the Act in respect of that residential building work.
For the purposes of this clause,
In this clause—
A holder of a contractor licence who does, or enters into a contract to do, residential building work that consists only of built-in furniture work, and any incidental electrical wiring work involved in the installation of lighting as part of built-in furniture, is exempt from the requirements of Part 6 of the Act in respect of that work if the work is done under a separate contract and not as part of a contract for other residential building work that requires such insurance.
In this clause—
A holder of a contractor licence who does (under a contract entered into before 1 July 2018) residential building work that is funded by the Home and Community Care Program through the Home Modification and Maintenance sub-program administered by the Department of Communities and Justice is exempt from the requirements of Part 6 of the Act in respect of that work.
A holder of a contractor licence who does, or enters into a contract to do, any of the following residential building work is exempt from the requirements of Part 6 of the Act in respect of the work—
(a) work funded by the NSW Community Care Supports Program,
(b) work funded by the Commonwealth Home and Community Care Program, in relation to home modification work commenced before 1 January 2016.
Subclause (2) does not affect the operation of any insurance contract issued under Part 6 of the Act before the commencement of the subclause.
The holder of a contractor licence who does residential building work is exempt from the requirements of the Act, Part 6 if—
(a) the work is being done—
(i) on behalf of a developer who is a recognised housing provider, or
(ii) in accordance with development consent granted under State Environmental Planning Policy (Housing) 2021 to a recognised housing provider, and
(b) the contract for the work states that the holder is relying on the exemption under this clause, and
(c) for a contract entered into with a Local Aboriginal Land Council that is approved under the Aboriginal Land Rights Act 1983, section 52A to provide rental accommodation under a community benefits scheme—the contract includes a copy of the approval.
Subclause (1)(c) does not apply to a contract entered into with a Local Aboriginal Land Council that is—
(a) a registered community housing provider under the Community Housing Providers (Adoption of National Law) Act 2012, Appendix, or
(b) a registered provider of specialist disability accommodation under the National Disability Insurance Scheme Act 2013 of the Commonwealth.
In this clause—
(a) a Local Aboriginal Land Council approved under the Aboriginal Land Rights Act 1983, section 52A to provide rental accommodation under a community benefits scheme, or
(b) a registered community housing provider under the Community Housing Providers (Adoption of National Law) Act 2012, Appendix, or
(c) a registered provider of specialist disability accommodation under the National Disability Insurance Scheme Act 2013 of the Commonwealth.
The holder of a contractor licence who does residential building work is exempt from the requirements of the Act, Part 6 if—
(a) the work is being done—
(i) in accordance with development consent granted under State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 4, or
(ii) to an existing dwelling built in accordance with development consent granted under State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 4 and the contract is entered into within 8 years of the issue of the occupation certificate for the dwelling, or
(iii) to a building that is being used as a build to rent property and the contract is entered into within 8 years of the making of an application for reduction in the assessable value of the land for the purpose of the Land Tax Management Act 1956, section 9E, and
(b) the contract for the work states that the holder is relying on the exemption under this clause.
In this clause—
The holder of a contractor licence who does residential building work is exempt from the requirements of the Act, Part 6 if—
(a) the work is being done on behalf of a developer who is a council under the Local Government Act 1993, and
(b) the contract for the work states that the holder is relying on the exemption under this clause.
A holder of a contractor licence who does (under a contract entered into before 1 September 2018) residential building work that is funded by the Teacher Housing Authority of New South Wales is exempt from the requirements of Part 6 of the Act in respect of that work.
A developer is exempt from the requirements of section 96A of the Act if—
(a) work under a contract for the carrying out of residential building work entered into by the developer has not commenced when a contract of sale is entered into for the sale of the land on which the residential building work is to be done, and
(b) the contract of sale contains provisions—
(i) informing the purchaser of the land under the contract that the exemption applies, and
(ii) informing the purchaser that the Act requires residential building work (whether or not done under a contract) to be insured, and
(iii) requiring the developer or any assignee of the developer’s rights under the contract to provide a certificate of insurance in respect of any residential building work (as required by section 96A (1) of the Act) to the purchaser within 14 days after the contract of insurance in respect of that work is made, and
(iv) enabling the purchaser to rescind if the developer or any assignee of the developer fails to provide the certificate of insurance within that period of 14 days.
The holder of, or an applicant for, a contractor licence is exempt from the provisions of sections 20 (3) (c) and 22A of the Act if the contractor licence only authorises the holder to contract to do work of a kind that is not required to be insured under Part 6 of the Act.
This Part applies to an alternative indemnity product that is a fidelity fund scheme.
In this Part—
Words and expressions used in this Part have the same meaning as in Part 6B of the Act.
Fidelity fund cover may be entered into for the purposes of Part 6 of the Act by a contractor, or by a beneficiary in respect of the work done, and may be arranged by any such person.
For the purposes of section 104C (1) (a) of the Act, a person to whom fidelity fund cover is provided must give the licensed provider of the product the contact details of the other party to the contract to do residential building work.
For the purposes of section 104B (4) of the Act, sections 92A, 101 (2) (c) and (d), 101A (5), 102 (2) and (6), 102A (1A) (a), 103C (2) (i) and 103EA (1) of the Act apply to a fidelity fund scheme, subject to the following modifications—
(a) a reference to an insurer or a licensed insurer is to be read as a reference to a provider,
(b) a reference to a certificate issued to evidence arrangements is to be read as a reference to the prescribed form of evidence of fidelity fund cover referred to in section 104B (2) of the Act.
For the purposes of section 104C (2) (a) of the Act, Part 3A, and sections 92C and 97 (2), of the Act apply to a fidelity fund scheme, subject to any necessary modifications.
Fidelity fund cover that is proposed to provide cover instead of a contract of insurance required by section 92 of the Act, as permitted by section 104B of the Act, must provide cover for each risk that is required by section 99 (1)–(3) of the Act to be covered by a contract of insurance.
Fidelity fund cover that is proposed to provide cover instead of a contract of insurance required by section 96 of the Act, as permitted by section 104B of the Act, must provide cover for each risk that is required by section 100 of the Act to be covered by a contract of insurance.
Despite any other provision of this Part, the fidelity fund cover in relation to residential building work that is required by section 92 of the Act, as permitted by section 104B of the Act, may be provided by means of—
(a) one contract (a
construction period fidelity fund contract ) that provides cover (by means of a fidelity fund scheme) against—(i) the risk specified in section 99 (1) (a) of the Act, and
(ii) the risk specified in section 99 (1) (b) of the Act in a case of non-completion of the residential building work, and
(b) another contract (a
warranty period fidelity fund contract ) that provides cover (by means of a fidelity fund scheme) against the risk specified in section 99 (1) (b) of the Act.
Alternatively, the cover required by section 92 of the Act may be provided by means of any combination of the following contracts (that is, by one contract from paragraph (a) and one contract from paragraph (b))—
(a) a construction period insurance contract referred to in section 99 (4) (a) of the Act, a construction period fidelity fund contract referred to in subclause (1) (a) or a construction period alternative indemnity contract referred to in clause 62ZH (1) (a), and
(b) a warranty period insurance contract referred to in section 99 (4) (b) of the Act, a warranty period fidelity fund contract referred to in subclause (1) (b) or a warranty period alternative indemnity contract referred to in clause 62ZH (1) (b).
A warranty period fidelity fund contract is not required to, but may, cover loss that arises from a breach of a statutory warranty in a case of non-completion of residential building work.
A provider is not required to, but may, provide both a construction period fidelity fund contract and a warranty period fidelity fund contract in relation to the same residential building work.
Nothing in this clause requires a person obtaining cover for the purposes of section 92 of the Act, as permitted by section 104B of the Act, and who obtains fidelity fund cover for that purpose by entering into 2 contracts of fidelity fund cover as specified by this clause, to enter into both contracts with the same provider.
An alternative indemnity contract must provide cover for loss arising from non-completion of the work for a period of not less than 12 months after the failure to commence, or cessation of, the work the subject of the cover.
An alternative indemnity contract (other than a construction period fidelity fund contract) must provide cover for other loss covered in accordance with the Act for a period of not less than—
(a) in the case of loss arising from a major defect in residential building work (within the meaning of section 18E of the Act)—6 years after completion of the work, or
(b) in the case of any other loss—2 years after completion of the work.
A construction period fidelity fund contract must provide cover for loss insured in accordance with the Act for a period of not less than 12 months after the failure to commence or cessation of the work the subject of the cover.
However, the Authority may, by notice published in the Gazette, give written approval for an alternative indemnity contract, or for a class of contracts of alternative indemnity products, to provide cover for a shorter period to the extent to which the cover applies to loss in relation to specified work or materials.
The rules of a fidelity fund scheme must provide that the provider is not entitled either to refuse to pay a claim under the fidelity fund cover in relation to work done after the fidelity fund has commenced, or to cancel the fidelity fund cover, on the ground that the contract for the work or supply to which it relates was entered into before the period of the cover commenced if a certificate evidencing the cover has been given or the provider has otherwise accepted cover.
The rules of a fidelity fund scheme must provide that the persons who benefit from the fidelity fund (
(a) a person on whose behalf residential building work covered by the alternative indemnity contract is done or is to be done, or
(b) a person who is a purchaser of land on which work required by Part 6 of the Act to be covered for a loss under an insurance contract, and covered by the alternative indemnity contract, is done, or
(c) a successor in title to any person referred to in paragraph (a) or (b).
The following persons are not required to be beneficiaries of the fidelity fund—
(a) a developer who does residential building work,
(b) a person who does residential building work other than under a contract,
(c) a holder of a contractor licence who carried out residential building work,
(d) related companies, within the meaning of section 50 of the Corporations Act 2001 of the Commonwealth, to any corporate person referred to in paragraph (a), (b) or (c),
(e) a body corporate that is related, within the meaning of section 50 of the Corporations Act 2001 of the Commonwealth, to any corporate person referred to in paragraph (a), (b) or (c),
(f) a body corporate that is a related party, within the meaning of section 228 of the Corporations Act 2001 of the Commonwealth, of any corporate person referred to in paragraph (a), (b) or (c).
Nothing in this clause prevents a person referred to in subclause (2) from being a beneficiary of the fidelity fund.
For the purposes of this clause, the owner or owners of common property the subject of work referred to in Part 6 of the Act are taken to be purchasers of the land on which the common property is situated.
The rules of a fidelity fund must provide (and are taken to provide) that the trustee is not entitled either to refuse to pay a claim or to cancel the fidelity fund cover on the ground that the cover was obtained by misrepresentation or non-disclosure by the contractor or that contributions or membership payments or other fees payable in respect of the fidelity fund cover or the fund were not paid so long as, in the latter case, a certificate evidencing the cover has been given or the provider has otherwise accepted cover.
The Insurance Guidelines may specify additional requirements for the trust deed for any fidelity fund scheme that may be approved by the Authority.
This clause does not apply to a warranty period fidelity fund contract or a construction period fidelity fund contract.
An alternative indemnity contract must indemnify beneficiaries under the fidelity fund for the following losses or damage in respect of residential building work covered by the alternative indemnity contract—
(a) loss or damage resulting from non-completion of the work because of—
(i) the insolvency, death or disappearance of the contractor, or
(ii) the suspension of a contractor licence pursuant to section 42A of the Act, and
(b) loss or damage arising from a breach of a statutory warranty, being loss or damage in respect of which the beneficiaries cannot recover compensation from the contractor or have the contractor rectify because of—
(i) the insolvency, death or disappearance of the contractor, or
(ii) the suspension of a contractor licence pursuant to section 42A of the Act.
Without limiting subclause (2), an alternative indemnity contract must indemnify a beneficiary for the following loss or damage, being loss or damage in respect of which a beneficiary cannot recover compensation from the contractor concerned, or have the contractor rectify, because of the insolvency, death or disappearance of the contractor or suspension of a contractor licence pursuant to section 42A of the Act—
(a) loss or damage resulting from faulty design, where the design was provided by the contractor,
(b) loss or damage resulting from non-completion of the work because of early termination of the contract for the work because of the contractor’s wrongful failure or refusal to complete the work,
(c) the cost of alternative accommodation, removal and storage costs reasonably and necessarily incurred as a result of an event referred to in subclause (2),
(d) loss of deposit or progress payment due to an event referred to in subclause (2),
(e) any legal or other reasonable costs incurred by a beneficiary in seeking to recover compensation from the contractor for the loss or damage or in taking action to rectify the loss or damage.
The alternative indemnity contract must state that the risks indemnified include the acts and omissions of all persons contracted by the contractor or other person to perform the work resulting in loss or damage of a kind referred to in this clause.
For the purposes of subclause (2), if residential building work has not commenced, the alternative indemnity contract may limit the loss or damage indemnified against to the loss of any deposit paid, but is not required to limit the loss or damage to that amount.
A construction period fidelity fund contract must indemnify beneficiaries under the contract for loss or damage in respect of residential building work covered by the construction period fidelity fund contract resulting from non-completion of the work because of—
(a) the insolvency, death or disappearance of the contractor, or
(b) the suspension of a contractor licence pursuant to section 42A of the Act.
A construction period fidelity fund contract must indemnify beneficiaries under the contract for loss or damage in respect of the non-completion of residential building work covered by the construction period fidelity fund contract arising from a breach of a statutory warranty, being loss or damage in respect of which the beneficiaries cannot recover compensation from the contractor or have the contractor rectify because of—
(a) the insolvency, death or disappearance of the contractor, or
(b) the suspension of a contractor licence pursuant to section 42A of the Act.
Without limiting subclauses (1) and (2), a construction period fidelity fund contract must indemnify a beneficiary for the following loss or damage in respect of the non-completion of residential building work, being loss or damage in respect of which a beneficiary cannot recover compensation from the contractor concerned, or have the contractor rectify, because of the insolvency, death or disappearance of the contractor or the suspension of a contractor licence pursuant to section 42A of the Act—
(a) loss or damage resulting from faulty design, where the design was provided by the contractor,
(b)
Examples of works within the category of carpentry include the following—
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Decorating | Work involved in the installation of painted or applied decorations such as murals, frescos or wallpaper. |
Dry plastering | Work involved in the internal installation of rigid building sheeting or boards made of a core of gypsum plaster set between and bonded to outer covers of cardboard. Dry plastering includes installation of fibrous plaster sheeting or boards or fibrous cement sheeting or boards, cornice, false and suspended ceilings (not including completed work that provides structural support). It does not include any external cladding works, which is work within the categories of carpentry and joinery. |
Erection of pre-fabricated metal-framed home additions and structures | Work involved in the erection of pre-fabricated metal-framed home additions and structures comprising decks, patios, gazebos, awnings, porches, verandahs, pergolas, screened or glass enclosures, modular rooms, carports, garages, workshops, sheds and other similar additions and structures, including any residential building work incidental to the erection of such additions or structures. Work in this category does not include the construction of the whole of a building or extension intended to be used as a self-contained residence (such as a granny flat). Specialist work that is an integral part of an overall contract to carry out the erection of pre-fabricated metal-framed home additions and structures work. Specialist work within this category is subject to clauses 15 and 16 of this Regulation, which require specialist work to be subcontracted to the holder of a contractor licence in the relevant category of specialist work, and appropriately supervised by the holder of an endorsed contractor licence or supervisor certificate in the relevant category of specialist work. |
Excavating | Works involved in the removal of earth or rock to previously determined excavation lines and levels to form a hole or trench for structural supports, walls, or floors of a building, or in preparation for structural landscaping work. |
Fencing | Work involved in the erection of fences and gates, irrespective of the construction materials used, within or on residential property boundary lines. |
General building work | Any work that is residential building work under the Act. Any work that is specialist work done in connection with a dwelling that is an integral part of an overall contract to do other residential building work that is not specialist work. Specialist work within this category is subject to clauses 15 and 16 of this Regulation, which require specialist work to be subcontracted to the holder of a contractor licence in the relevant category of specialist work, and appropriately supervised by the holder of an endorsed contractor licence or supervisor certificate in the relevant category of specialist work. |
General concreting | Work involved in carrying out and of the following—
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Glazing | Work involved in installing glass, acrylic or other like materials in prepared openings, such as windows, door panels, screens, fences, balustrades or partitions. This includes the preparation, fabrication and installation of framing support work associated with glazing and the installation of prefabricated or pre-assembled windows. |
Joinery | Work involved in the making and installation of non-structural timber, timber composite or metal components or elements for buildings such as doors, windows, prefabricated glass fencing, stairs, and furniture that is made to measure and fixed to a dwelling (such as built-in cupboards, wardrobes, entertainment units and the like), and which may be made off site and installed as a completed unit. Examples of works within the category of joinery include the following—
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Kitchen, bathroom and laundry renovation | Work involved in the installation, refurbishment, restoration and on-site repairs of or to a kitchen, bathroom or laundry, other than work affecting any internal or external load bearing component of the building that is essential to the stability of the building or any part of it, including things such as foundations, floors, walls, roof, columns and beams. Specialist work that is an integral part of an overall contract to carry out kitchen, bathroom and laundry renovation work. Specialist work within this category is subject to clauses 15 and 16 of this Regulation, which require specialist work to be subcontracted to the holder of a contractor licence in the relevant category of specialist work, and appropriately supervised by the holder of an endorsed contractor licence or supervisor certificate in the relevant category of specialist work. |
Metal fabrication | Work involved in the preparation, fabrication and erection of metal components in building work, including structural steel, handrails, security grilles, fences, gates and balustrades. Metal fabrication does not include roof plumbing or wall cladding. Work in this category may also be done by a person authorised to work on security equipment under the Security Industry Act 1997, but only to the extent that the work relates to security equipment under that Act. |
Minor maintenance and cleaning | Work involved in non-structural maintenance (including minor repairs) or cleaning of existing works, structures or buildings. A licence or certificate issued for this category of work may be subject to conditions. |
Minor tradework | Works involved in new, repair or replacement work that is residential building work, but which cannot be readily ascribed to an individual specific trade area. A licence or certificate issued for this category of work may be subject to conditions. |
Painting | Work involved in the application of a clear, resin-based or pigmented product in liquid form which, when applied to a surface by brush, roller or spray gun, forms a dry, adherent film. Paint may be applied for decorative or protective purposes and may be applied to any appropriate surface on any structure, fixture, fitting or apparatus. The following are examples of works within the category of painting—
|
Roof plumbing | Work defined as roof plumbing work in Schedule 1 to the Act. |
Roof slating | Work involving the fixing of roof slates to the exterior surface of roof and fascia structures. This includes the use of shingles or shakes, or imitation roofing slates, shingles or shakes, and the associated flashing, sarking, batten and valley installation. It also includes the installation of skylights, ventilators and the like as well as the application of protective coatings, not involving structural alteration of roof members or components, to roofs fixed with such materials. For the purposes of this category— |
Roof tiling | Work involved in the fixing of roof tiles to exterior surface of roof and fascia structures. This includes the bedding and pointing of roof tiles, associated flashing and valley, anti-ponding board, sarking and batten installation. It also includes the installation of skylights, ventilators and the like as well as the application of protective coatings, not involving structural alteration of roof members or components, to tiled roofs. For the purposes of this category— |
Stonemasonry | Work involved in construction using natural or artificial stone laid unit by unit and set in mortar, including the following—
|
Structural landscaping | Work involved in the construction of external landscape features, and non-habitable structures including the following—
Specialist work that is an integral part of an overall contract to carry out structural landscaping work. Specialist work within this category is subject to clauses 15 and 16 of this Regulation, which require specialist work to be subcontracted to the holder of a contractor licence in the relevant category of specialist work, and appropriately supervised by the holder of an endorsed contractor licence or supervisor certificate in the relevant category of specialist work. |
Swimming pool building | All work involved in the construction, renovation, alteration, repair, extension, maintenance, decorative or protective treatment of a swimming pool. It includes all other works directly associated with a swimming pool installation such as landscaping, safety fencing, pool water filtration and heating, and includes all work within the scope of the category of swimming pool repairs and servicing. All specialist work directly associated with the correct and safe installation and functioning of a swimming pool that is an integral part of an overall contract to carry out swimming pool building work. For the purposes of this category, Specialist work within this category is subject to clauses 15 and 16 of this Regulation, which require specialist work to be subcontracted to the holder of a contractor licence in the relevant category of specialist work, and appropriately supervised by the holder of an endorsed contractor licence or supervisor certificate in the relevant category of specialist work. |
Swimming pool repairs and servicing | Work involved in servicing and repair of elements of an existing swimming pool, including internally reticulated pool plumbing not connected to a potable water source, solar thermal heating systems that are not hard wired (excluding any solar photovoltaic (PV) systems), and equipment installation (including filters and skimmers). It also includes any additions, alterations and repairs of a non-structural nature, the painting or surfacing (rendering or application of surface coatings) to a swimming pool, acid washing and pool cleaning. It does not include any work related to paving, decking, landscaping or fencing associated with a pool or spa installation. For the purposes of this category, |
Underpinning and piering | Work involved in underpinning refers to the construction of a new support structure under a wall, column or footings of a building without removing the superstructure to do one or more of the following—
Work involved in piering refers to the installation of a column or post supporting a superstructure, such as beams or floor bearers. |
Wall and floor tiling | Work involved in the affixing of tiles for functional or decorative use on internal or external surfaces of buildings. For the purposes of the describing the category of wall and floor tiling, Examples of works and materials within the category of wall and floor tiling include the following—
|
Waterproofing | Work involved in any protective treatment of a dwelling designed to prevent the penetration of water or moisture into the dwelling or in the protective treatment of wet areas in a dwelling designed to prevent the unwanted escape of water from those areas by using solid membranes or membranes applied by brush, roller or any other method. |
Wet plastering | Work involved in the application of a mixture of lime, cement or gypsum plaster and/or sand and water (or other materials to achieve a similar result) for the covering of internal or external walls and ceilings. Wet plaster is applied whilst wet/plastic, generally by trowel, and dries and hardens after application. |
(Repealed)
(Clause 66)
Item | Column 1 | Column 2 | Column 3 | Column 4 |
Type of application | Fixed component (in fee units) | Processing component (in fee units) | Total (in fee units) | |
1 | (Individual) | Grant of licence— | ||
| 3.81 | 2.90 | 6.71 | |
| 9.66 | 2.90 | 12.56 | |
| 19.05 | 2.90 | 21.95 | |
2 | Variation to add a category or categories referred to in clause 13(a) | Nil | 2.90 | 2.90 |
3 | Variation to add a category or categories referred to in clause 13(b) or 14 | Nil | 1.48 | 1.48 |
4 | Renewal of licence— | |||
| 4.00 | 0.50 | 4.50 | |
| 10.30 | 0.50 | 10.80 | |
| 18.30 | 0.50 | 18.80 | |
5 | Restoration of licence— | |||
| 3.63 | 1.39 | 5.02 | |
| 9.94 | 1.39 | 11.33 | |
| 18.80 | 1.39 | 20.19 | |
6 | (Partnership) | Grant of licence— | ||
| 4.40 | 6.76 | 11.16 | |
| 10.35 | 6.76 | 17.11 | |
| 22.00 | 6.76 | 28.76 | |
7 | Variation to add a category or categories referred to in clause 13(a) | Nil | 2.90 | 2.90 |
8 | Variation to add a category or categories referred to in clause 13(b) or 14 | Nil | 1.58 | 1.58 |
9 | Renewal of licence— | |||
| 4.40 | 0.68 | 5.08 | |
| 11.54 | 0.68 | 12.22 | |
| 20.00 | 0.68 | 20.68 | |
10 | Restoration of licence— | |||
| 4.23 | 1.39 | 5.62 | |
| 11.37 | 1.39 | 12.76 | |
| 22.00 | 1.39 | 23.39 | |
11 | (Corporation) | Grant of licence— | ||
| 6.01 | 7.38 | 13.39 | |
| 14.05 | 7.38 | 21.43 | |
| 30.05 | 7.38 | 37.43 | |
12 | Variation to add a category or categories referred to in clause 13(a) | Nil | 2.90 | 2.90 |
13 | Variation to add a category or categories referred to in clause 13(b) or 14 | Nil | 1.58 | 1.58 |
14 | Renewal of licence— | |||
| 6.01 | 0.68 | 6.69 | |
| 15.39 | 0.68 | 16.07 | |
| 27.05 | 0.68 | 27.73 | |
15 | Restoration of licence— | |||
| 5.83 | 1.39 | 7.22 | |
| 15.21 | 1.39 | 16.60 | |
| 27.05 | 1.39 | 28.44 | |
16 | (Individual) | Grant of licence— | ||
| 1.58 | 1.48 | 3.06 | |
| 4.62 | 1.48 | 6.10 | |
| 7.90 | 1.48 | 9.38 | |
17 | Variation to add a category or categories referred to in clause 13(a) | Nil | 2.90 | 2.90 |
18 | Variation to add a category or categories referred to in clause 13(b) or 14 | Nil | 1.48 | 1.48 |
19 | Renewal of licence— | |||
| 1.77 | 0.50 | 2.27 | |
| 4.93 | 0.50 | 5.43 | |
| 8.85 | 0.50 | 9.35 | |
20 | Restoration of licence— | |||
| 1.40 | 1.39 | 2.79 | |
| 4.57 | 1.39 | 5.96 | |
| 9.15 | 1.39 | 10.54 | |
21 | (Partnership) | Grant of licence— | ||
| 2.67 | 1.58 | 4.25 | |
| 7.22 | 1.58 | 8.80 | |
| 13.35 | 1.58 | 14.93 | |
22 | Variation to add a category or categories referred to in clause 13(a) | Nil | 6.76 | 6.76 |
23 | Variation to add a category or categories referred to in clause 13(b) or 14 | Nil | 1.58 | 1.58 |
24 | Renewal of licence— | |||
| 2.67 | 0.68 | 3.35 | |
| 7.42 | 0.68 | 8.10 | |
| 13.35 | 0.68 | 14.03 | |
25 | Restoration of licence— | |||
| 2.51 | 1.39 | 3.90 | |
| 7.22 | 1.39 | 8.61 | |
| 13.35 | 1.39 | 14.74 | |
26 | (Corporation) | Grant of licence— | ||
| 3.29 | 1.58 | 4.87 | |
| 8.71 | 1.58 | 10.29 | |
| 16.45 | 1.58 | 18.03 | |
27 | Variation to add a category or categories referred to in clause 13(a) | Nil | 7.38 | 7.38 |
28 | Variation to add a category or categories referred to in clause 13(b) or 14 | Nil | 1.58 | 1.58 |
29 | Renewal of licence— | |||
| 3.29 | 0.68 | 3.97 | |
| 8.88 | 0.68 | 9.56 | |
| 16.45 | 0.68 | 17.13 | |
30 | Restoration of licence— | |||
| 3.12 | 1.39 | 4.51 | |
| 8.71 | 1.39 | 10.10 | |
| 16.45 | 1.39 | 17.84 | |
31 | (Individual) | Grant of certificate— | ||
| 0.52 | 0.86 | 1.38 | |
| 1.58 | 0.86 | 2.44 | |
| 3.30 | 0.86 | 4.16 | |
32 | Variation to add a category or categories referred to in clause 13(a) or (b) or 14 | Nil | 0.86 | 0.86 |
33 | Renewal of certificate— | |||
| Nil | 0.25 | 0.25 | |
| Nil | 0.50 | 0.50 | |
| Nil | 0.86 | 0.86 | |
34 | Restoration of certificate— | |||
| Nil | 0.30 | 0.30 | |
| Nil | 0.57 | 0.57 | |
| Nil | 0.92 | 0.92 | |
35 | (Individual) | Grant of certificate— | ||
| 0.45 | 0.86 | 1.31 | |
| 1.35 | 0.86 | 2.21 | |
| 2.95 | 0.86 | 3.81 | |
36 | Variation to add a category or categories referred to in clause 13(a) or (b) or 14 | Nil | 0.86 | 0.86 |
37 | Renewal of certificate— | |||
| Nil | 0.25 | 0.25 | |
| Nil | 0.50 | 0.50 | |
| Nil | 0.86 | 0.86 | |
38 | Restoration of certificate— | |||
| Nil | 0.30 | 0.30 | |
| Nil | 0.57 | 0.57 | |
| Nil | 0.92 | 0.92 | |
39 | (Individual) | Grant of certificate— | ||
| 0.18 | 0.90 | 1.08 | |
| 0.55 | 0.90 | 1.45 | |
| 1.60 | 0.90 | 2.50 | |
40 | Variation to add a category or categories referred to in clause 14 |
Nil | 0.86 | 0.86 | |
41 | Renewal of certificate— | ||
| Nil | 0.25 | 0.25 |
| Nil | 0.50 | 0.50 |
| Nil | 0.86 | 0.86 |
42 | Restoration of certificate— | ||
| Nil | 0.30 | 0.30 |
| Nil | 0.57 | 0.57 |
| Nil | 0.92 | 0.92 |
43 | 1.09 | 0.68 | 1.77 |
44 | Nil | 0.46 | 0.46 |
In this Part—
For the purposes of this Regulation, a
(a) in the financial year 2017–18—$100, and
(b) in each subsequent financial year—the amount calculated as follows—
where—
A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.B is the CPI number for the March quarter of 2017.
The amount of a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).
However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
Fee unit amount calculated under this clause—
Financial year | Fee unit amount |
2018–19 | $102.07 |
2019–20 | $103.41 |
2020–21 | $105.48 |
2021–22 | $106.47 |
2022–23 | $111.14 |
2023–24 | $119.23 |
2024–25 | $123.72 |
2025–26 | $126.59 |
The amount of a fee calculated by reference to a fee unit (including the amount of a component of a fee) is to be rounded to the nearest dollar (and an amount of 50 cents is to be rounded down).
As soon as practicable after the CPI number for the March quarter is first published by the Australian Statistician, the Secretary is required to—
(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and
(b) give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.
This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.
(Clause 74)
Column 1 | Column 2 | Column 3 |
Offence | Penalty—Individual | Penalty—Corporation |
Section 4 (1)–(4) | $750 | $1,500 |
Section 5 (1) and (2) | $250 | $500 |
Section 7AA (1) | $250 | $500 |
Section 7A | $250 | $500 |
Section 7B | $250 | $500 |
Section 8 (2) | $500 | $1,000 |
Section 8A (2) | $500 | $1,000 |
Section 8A (4) | $500 | $1,000 |
Section 9 (2) | $250 | $500 |
Section 12 | $500 | Nil |
Section 13 (1) | $500 | Nil |
Section 14 (1), (3) and (4) | $500 | Nil |
Section 15 | $500 | Nil |
Section 15A(1), (3) and (4) | $500 | Nil |
Section 15B(1), (3) and (4) | $500 | Nil |
Section 15C(1), (3) and (4) | $500 | Nil |
Section 16 | $750 | $1,500 |
Section 16DAA (1) | $250 | $500 |
Section 16DA | $250 | $500 |
Section 16DB | $250 | $500 |
Section 16E (2) | $500 | $1,000 |
Section 16F (2) | $250 | $500 |
Section 22 (5) | $500 | $1,000 |
Section 22A (4) | $250 | $500 |
Section 22B (5) | $250 | $500 |
Section 32AA (1) | $750 | Nil |
Section 34 (1) | $250 | $500 |
Section 36 (2) | $250 | $500 |
Section 42A (7) | $250 | $500 |
Section 44 (1) | $250 | $500 |
Section 46A (1) | $750 | $1,500 |
Section 47 | $250 | $500 |
Section 48T (2) | $500 | Nil |
Section 65 (3) | $500 | $1,000 |
Section 66 (1) | $250 | $500 |
Section 92 (1) and (2) | $1,500 | $3,000 |
Section 92A | $250 | $500 |
Section 95 (2) | $250 | $500 |
Section 96 (1) and (2) | $1,500 | $3,000 |
Section 96 (2B) | $250 | $500 |
Section 96A (1) | $1,500 | $3,000 |
Section 96A (1A) | $250 | $500 |
Section 96B (3) | $500 | $1,000 |
Section 119C (1) | $1,100 | $2,200 |
Section 119C (3) | Nil | $2,200 |
Section 119C (4) | $1,100 | $2,200 |
Section 127 (4) | $500 | $1,000 |
Section 127A (4) | $500 | Nil |
Section 137A (2) | $500 | Nil |
Clause 18 | $250 | $500 |
Clause 32 (1) | $250 | $500 |
Clause 33 (1) | $250 | $500 |
Home Building Regulation 2014 (811). LW 12.12.2014. Date of commencement, 15.1.2015, cl 2. This Regulation has been amended as follows—
(206) | Home Building Amendment (Fees) Regulation 2015. LW 15.5.2015. Date of commencement, 1.7.2015, cl 2. | |
(584) | Home Building Amendment (Insurance Exemption) Regulation 2015. LW 25.9.2015. Date of commencement, on publication on LW, cl 2. | |
(235) | Home Building Amendment (Fees) Regulation 2016. LW 11.5.2016. Date of commencement, 1.7.2016, cl 2. | |
(264) | Home Building Amendment (Loose-fill Asbestos Insulation) Regulation 2016. LW 27.5.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 15 | Gas and Electricity (Consumer Safety) Act 2017. Assented to 9.5.2017. Date of commencement, 1.9.2018, sec 2 and 2018 (492) LW 31.8.2018. | |
(209) | Home Building Amendment (Fees) Regulation 2017. LW 24.5.2017. Date of commencement, 1.7.2017, cl 2. | |
(705) | Home Building Amendment (Insurance and Alternative Indemnity Cover) Regulation 2017. LW 15.12.2017. Date of commencement, 1.1.2018, cl 2. | |
(152) | Home Building Amendment (Cladding) Regulation 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Schs 1.16 and 5.22, 14 days after assent, sec 2 (1). | |
No 63 | Building and Development Certifiers Act 2018. Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. The amendment made by Sch 3.6[2] was without effect as the provision being amended was repealed by the Fair Trading Legislation Amendment (Reform) Act 2018. | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 4.2[1], 1.7.2020, sec 2(2); date of commencement of Sch 4.2[2]: not in force; date of commencement of Sch 8.5, 1.2.2020, sec 2(2) and 2019 (634) LW 20.12.2019. | |
(76) | Home Building Amendment (Miscellaneous) Regulation 2019. LW 15.2.2019. Date of commencement, on publication on LW, cl 2. | |
No 3 | Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
(179) | Home Building Amendment (Miscellaneous) Regulation 2020. LW 1.5.2020. Date of commencement of Sch 1[1], 1.7.2020, cl 2(2); date of commencement of Sch 1[2], on publication on LW, cl 2(1). | |
(314) | Home Building Amendment (Fees) Regulation 2020. LW 26.6.2020. Date of commencement, 1.7.2020, cl 2. | |
(643) | Home Building Amendment (Medical Gas Work) Regulation 2020. LW 30.10.2020. Date of commencement, 1.11.2020, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
(132) | Home Building Amendment (Information) Regulation 2021. LW 26.3.2021. Date of commencement, on publication on LW, cl 2. | |
(187) | Home Building Amendment (Digital Authorities) Regulation 2021. LW 23.4.2021. Date of commencement, on publication on LW, cl 2. | |
(322) | Home Building Amendment (Medical Gas) Regulation 2021. LW 25.6.2021. Date of commencement, on publication on LW, cl 2. | |
No 2 | Licensing and Registration (Uniform Procedures) Amendment Act 2022. Assented to 4.3.2022. Date of commencement of Sch 2.15[1], assent, sec 2(2); date of commencement of Sch 2.15[2]–[6]: not in force. | |
(293) | Residential Apartment Buildings (Compliance and Enforcement Powers) Amendment (Building Work Levy) Regulation 2022. LW 17.6.2022. Date of commencement, 4.7.2022, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
(754) | Home Building Amendment (Miscellaneous) Regulation 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(100) | Home Building Amendment (Insurance Cover) Regulation 2023. LW 2.3.2023. Date of commencement of Sch 1[1], 1.6.2023, sec 2(a); date of commencement of Sch 1[2], on publication on LW, sec 2(b). | |
(363) | Home Building Amendment (Supervision Practice Standard) Regulation 2024. LW 9.8.2024. Date of commencement, 1.9.2024, sec 2. | |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 2, assent, sec 2(b). | |
(212) | Home Building Amendment (Information) Regulation 2025. LW 16.5.2025. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2017 No 15, Sch 2.10; 2017 (209), Sch 1 [1]; 2017 (705), Sch 1 [1]; 2024 (363), Sch 1[1]. |
Cl 4 | Am 2017 No 15, Sch 2.10. |
Cl 6 | Am 2017 (705), Sch 1 [2] [3]. Rep 2018 No 25, Sch 1.16. |
Cl 8 | Am 2017 (705), Sch 1 [4]. Subst 2018 No 65, Sch 8.5[1]; 2021 (132), cl 3(1). |
Cl 14 | Am 2018 No 65, Sch 4.2[1]; 2020 (179), Sch 1[1]; 2020 (643), Sch 1[1]. |
Cl 16A | Ins 2024 (363), Sch 1[2]. |
Cl 18A | Ins 2021 (187), cl 3. Rep 2022 No 2, Sch 2.15[1]. |
Cl 26 | Am 2020 (643), Sch 1[2]. |
Cl 27 | Am 2024 (363), Sch 1[3]. |
Cl 28 | Subst 2024 (363), Sch 1[4]. |
Cl 34 | Am 2018 No 25, Sch 5.22 [1]; 2021 No 6, Sch 5.8. |
Cl 39 | Am 2017 (705), Sch 1 [5]. |
Cl 40 | Am 2017 (705), Sch 1 [6]–[8]. |
Cll 40A, 40B | Ins 2017 (705), Sch 1 [9]. |
Cl 41 | Am 2017 (705), Sch 1 [10]. |
Cl 45 | Am 2017 (705), Sch 1 [11]. |
Cl 46 | Am 2017 (705), Sch 1 [12]. |
Cll 46A, 46B | Ins 2017 (705), Sch 1 [13]. |
Cl 50 | Subst 2017 (705), Sch 1 [14]. Rep 2018 No 65, Sch 8.5[2]. |
Cl 51 | Rep 2024 No 53, Sch 2.3. |
Cl 54A | Ins 2017 (705), Sch 1 [15]. |
Cl 55A | Ins 2023 (100), Sch 1[1]. |
Cl 57 | Am 2018 No 25, Sch 5.22 [2]; 2021 No 7, Sch 4.8. |
Cl 59 | Am 2015 (584), cl 3; 2017 (705), Sch 1 [16]; 2022 No 59, Sch 3.37. |
Cl 59A | Ins 2023 (100), Sch 1[2]. |
Cl 59B | Ins 2023 (100), Sch 1[2]. |
Cl 59C | Ins 2023 (100), Sch 1[2]. |
Cl 60 | Am 2017 (705), Sch 1 [17]. |
Parts 6A, 6B (cll 62A–62ZZC) | Ins 2017 (705), Sch 1 [18]. |
Part 6C | Ins 2017 (705), Sch 1 [18]. |
Part 6C, Div 1 | Ins 2017 (705), Sch 1 [18]. |
Cl 62ZZD | Ins 2017 (705), Sch 1 [18]. Am 2018 No 65, Sch 8.5[2]. |
Part 6C, Divs 2–4 (cll 62ZZE–62ZZJ) | Ins 2017 (705), Sch 1 [18]. |
Cl 64 | Rep 2019 (76), Sch 1 [1]. |
Cl 66 | Am 2016 (235), Sch 1 [1]; 2017 (209), Sch 1 [2] [3]; 2020 (314), Sch 1[1]–[3]. |
Cl 67 | Am 2017 (209), Sch 1 [4]. Subst 2020 (314), Sch 1[4]. |
Part 8A | Ins 2016 (264), Sch 1 [1]. |
Cl 68A | Ins 2016 (264), Sch 1 [1]. Am 2019 (76), Sch 1 [2]. |
Cl 68B | Ins 2016 (264), Sch 1 [1]. |
Cl 68C | Ins 2016 (264), Sch 1 [1]. Am 2019 (76), Sch 1 [3]. |
Cl 69A | Ins 2018 (152), cl 3. Subst 2020 (179), Sch 1[2]. |
Cl 69B | Ins 2020 (179), Sch 1[2]. |
Cl 69C | Ins 2022 (293), sec 3. |
Cl 71A | Ins 2017 (705), Sch 1 [19]. Am 2018 No 63, Sch 3.6[1]; 2020 (643), Sch 1[3] [4]; 2025 (212), Sch 1[1] [2]. |
Cl 71B | Ins 2020 No 3, Sch 1.16. |
Cl 72 | Am 2016 No 27, Sch 2.22 [2]. Subst 2017 (705), Sch 1 [20]. Am 2020 (643), Sch 1[5]. |
Cl 73 | Am 2016 No 27, Sch 2.22 [2]; 2020 (643), Sch 1[6]. |
Cl 76 | Ins 2017 (705), Sch 1 [21]. |
Cl 77 | Ins 2021 (132), cl 3(2). |
Sch 1 | Rep 2018 No 65, Sch 8.5[4]. |
Sch 2 | Am 2017 (705), Sch 1 [22]–[24]. Rep 2018 No 65, Sch 8.5[4]. |
Sch 4 | Am 2019 (76), Sch 1 [4]–[7]; 2020 (643), Sch 1[7] [8]; 2021 (322), cl 3; 2022 (754), sec 3. |
Sch 5 | Subst 2017 (705), Sch 1 [25]. Rep 2018 No 65, Sch 8.5[4]. |
Schs 5A, 5B | Ins 2017 (705), Sch 1 [25]. Rep 2018 No 65, Sch 8.5[4]. |
Sch 6 | Subst 2015 (206), Sch 1; 2016 (235), Sch 1 [2]; 2017 (209), Sch 1 [5]. Am 2020 (314), Sch 1[5]. |
Sch 7 | Am 2016 (264), Sch 1 [2]; 2020 (643), Sch 1[9]. |
The whole Regulation (except cl 75 (3)) | Am 2016 No 27, Sch 2.22 [1] (“Chief Executive” omitted wherever occurring, “Secretary” inserted instead). |
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