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This is a Bill, not an Act. For current law, see the Acts databases.
BUILDING (RESIDENTIAL BUILDING WARRANTY) AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Building
(Residential Building Warranty) Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Building (Residential
Building Warranty) Amendment Bill 2003
A Bill for
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.
4 Definitions
for pt 6Section 59, new definition of
completion day
insert
completion day, for residential building work—see
section 59A.
5 Section
59, definition of ground storey
omit
6 Section
59, definition of residential building
substitute
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.
insert
59A Meaning of completion day for pt
6
(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.
8 Statutory
warrantiesSection 62
(3)
substitute
(3) The warranties end at the end of the period prescribed under the
regulations after the completion day for the work.
9 Residential
building work insuranceSection 64 (1)
(c)
substitute
(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.
10 New
sections 64 (1A) and (1B)
insert
(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.
substitute
(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.
renumber subsections when Act next republished under the Legislation Act
Part
3 Building Regulations
1972
13 Regulations
amended—pt 3
This part amends the Building Regulations 1972.
substitute
18 Cost of work—Act, s 61 (1)
(c)
The Act, part 6 does not apply in relation to residential building work if
the cost of the work is less than $12 000.
substitute
19 End of statutory warranties—Act, s 62
(3)
(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.
Examples for par (a)
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).
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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