2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

An Act to amend the Building Act 1972 and the Building Regulations 1972

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Building (Residential Building Warranty) Amendment Act 2003.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Building Act 1972.

completion day, for residential building work—see section 59A.

residential building means a building, or a part of a building, intended mainly for private residential use if—

(a) the building has no more than 3 storeys at any point, excluding any storey used exclusively for parking; or

(b) for a part of a building—the part provides structural support, or is a structurally integral adjunct, to the building.

(1) For this part, the completion day for residential building work is the day the work is completed or the day the contract relating to the work ends, whichever is the later.

(2) Without limiting subsection (1), the work is taken to have been completed no later than the day a certificate of occupancy (if any) is issued for the work.

(3) The warranties end at the end of the period prescribed under the regulations after the completion day for the work.

(c) if the builder is not the owner of the land where the work is to be carried out—it insures the owner and the owner’s successors in title for the period beginning on the day when the certifier for the work receives a notification under section 37A (1) or (2) in relation to the builder and ending at the end of the period prescribed under the regulations after the completion day for the work.

(1A) However, if the owner is a developer, the insurance is taken to comply with subsection (1) (c), (f), (g) or (h) if it insures the owner’s successors in title, even though it does not insure the owner.

(1B) To remove any doubt, an insurance policy issued in relation to residential building work may exclude claims other than those in circumstances in which the builder is insolvent, dead or has disappeared.

(9) In this section:

deposit, on residential building work, means an amount that was paid or payable by the owner to the builder, under the contract to carry out the work, before the beginning of the work.

developer, for residential building work, means a person for whom the work is done in a building or residential development where 4 or more of the existing or proposed dwellings are or will be owned by the person.

This part amends the Building Regulations 1972.

The Act, part 6 does not apply in relation to residential building work if the cost of the work is less than $12 000.

(1) The prescribed period for the end of the warranties is—

(a) for residential building work in relation to a structural element—6 years; and

(b) for residential building work in relation to a non-structural element—2 years.

(2) In this regulation—

non-structural element, of a building, means a component of the building that is not a structural element.

structural element, of a building, means—

(a) an internal or external load-bearing component of the building that is essential to the stability of the building or any part of it; or

(b) any component (including weatherproofing) forming part of the external walls or roof of the building.

a foundation, floor, wall, roof, column or beam

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

For the latest republication of amended laws, see www.legislation.act.gov.au.