New South Wales Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

HOME BUILDING REGULATION 2014 

- Made under the Home Building Act 1989
- As at 9 August 2024
- Reg 811 of 2014

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - CONTRACTING FOR RESIDENTIAL BUILDING WORK AND SPECIALIST WORK

   4.      Exemptions relating to contracting and advertising
   5.      Thresholds for contract requirements
   6.      (Repealed)
   7.      Thresholds for cooling-off period
   8.      Matters for inclusion in contracts to do residential building work
   9.      Conditions to be included in certain contracts (before 1 March 2015)
   10.     Terms of contracts to which section 8A of the Act applies
   11.     Thresholds for maximum progress payments
   12.     Thresholds for residential building work

   PART 3 - CONTRACTOR LICENCES, CERTIFICATES AND OWNER-BUILDER PERMITS

           Division 1 - Categories of work

   13.     Categories of residential building work
   14.     Categories of specialist work

           Division 2 - Authorities

   15.     Conditions of certain contractor licences
   16.     Conditions of supervisor certificates
   17.     Education, training and qualification requirements for issue of owner-builder permits
   18.     Replacement authorities
   18A.    (Repealed)
   19.     Owner-builder permits
   20.     Work descriptions on contractor licences or certificates
   21.     Disqualifications from holding authorities: corresponding laws
   22.     Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002
   23.     Contractor licences that are not required to be cancelled

           Division 3 - Exemptions from restrictions on who may do certain work

   24.     Exemption relating to the doing of residential building work
   25.     Exemption relating to employees of certain corporations
   26.     Exemptions relating to the doing of specialist work
   27.     Exemption relating to the doing of electrical wiring work by apprentices and trainees
   28.     Exemption from requirement for supervisor to be present when unqualified electrical wiring work is done
   29.     Exemption from requirement to return authority when conditions are imposed

   PART 4 - RESOLUTION OF BUILDING DISPUTES AND BUILDING CLAIMS

   30.     Transfer of proceedings from other courts
   31.     Warning notice for Tribunal orders

   PART 5 - ADVERTISING

   32.     Display of signs when doing work requiring development consent
   33.     Advertising by holders of contractor licences

   PART 6 - INSURANCE REQUIREMENTS

           Division 1 - Preliminary

   34.     Definitions
   35.     Threshold for warning where no insurance for owner-builder work

           Division 2 - Insurance contracts generally

   36.     Persons who may arrange insurance contracts
   37.     Beneficiaries
   38.     Misrepresentation or non-disclosure
   39.     Time within which insurer taken to have accepted claim

           Division 3 - Losses indemnified and limitations on liability and cover

   40.     Losses indemnified under insurance contracts (where single contract)
   40A.    Losses indemnified under construction period insurance contracts
   40B.    Losses indemnified under warranty period insurance contracts
   41.     Exclusion of amounts of deposit or progress payment
   42.     Limitations on liability and cover
   43.     Reduction of liability for failure to enforce statutory warranty

           Division 4 - Amount of cover

   44.     Amount of cover where one or more dwellings
   45.     Minimum insurance cover
   46.     Requirements for insurance for residential flat buildings

           Division 5 - Miscellaneous

   46A.    Notification of insurer
   46B.    Enforcement of statutory warranties outside time limits (policies issued from 1 July 2002)
   47.     Time limits for notice of loss or damage
   48.     Refusal of insurance claims
   49.     Insurance appeals
   50.     (Repealed)
   51.     Evidence of acceptance of risk
   52.     Access for work
   53.     Insurance thresholds
   54.     Maximum insurance excess

           Division 6 - Exemptions relating to insurance

   54A.    Amendment or cancellation of certain exemptions granted by Authority
   55.     Persons entitled to apply for exemptions from insurance requirements
   55A.    Register of exemptions--the Act s 140(2)(l)
   56.     Exemptions from insurance for multi-storey buildings
   57.     Exemption from insurance in relation to retirement villages
   58.     Exemption from insurance for built-in furniture and other work
   59.     Exemptions from insurance for certain community care work funded by State or Commonwealth government
   59A.    Exemption from insurance for certain registered charities
   59B.    Exemption from insurance--build to rent schemes
   59C.    Exemption from insurance for local government
   60.     Exemption from insurance for certain work funded through Teacher Housing Authority of NSW
   61.     Exemption from certificate requirement where work not commenced
   62.     Exemption from requirement to show insurance has been obtained

   PART 6A - ALTERNATIVE INDEMNITY PRODUCTS--FIDELITY FUND SCHEMES

           Division 1 - Preliminary

   62A.    Application
   62B.    Persons who may arrange fidelity fund cover
   62C.    Information to be provided to an alternative indemnity provider
   62D.    Provisions of the Act that apply to alternative indemnity products in same way as to contracts of insurance

           Division 2 - Losses covered

   62E.    Loss to be covered by fidelity fund cover
   62F.    Requirements for fidelity fund cover for residential building work done under contract
   62G.    Period of cover to be provided by an alternative indemnity product

           Division 3 - Mandatory rules of fidelity fund

   62H.    Beneficiaries of fidelity fund
   62I.    Misrepresentation or non-disclosure
   62J.    Other requirements may be specified in Insurance Guidelines

           Division 4 - Losses indemnified and limitations on liability and cover

   62K.    Losses indemnified under alternative indemnity contracts (where single contract)
   62L.    Losses indemnified under construction period fidelity fund contracts
   62M.    Losses indemnified under warranty period fidelity fund contracts
   62N.    Exclusion of amounts of deposit or progress payment
   62O.    Limitations on liability and cover
   62P.    Reduction of liability for failure to enforce statutory warranty
   62Q.    Time limits for notice of loss or damage

           Division 5 - Amount of cover

   62R.    Amount of cover where one or more dwellings
   62S.    Minimum cover
   62T.    Requirements for cover for residential flat buildings

           Division 6 - Claims

   62U.    Time limits for alternative indemnity contracts
   62V.    Time limit for making claims
   62W.    Time within which provider is taken to have accepted claim

           Division 7 - Contributions or membership payments

   62X.    Insurance Guidelines for the determination of contributions or membership payments
   62Y.    Contributions or membership payments
   62Z.    Filing of contributions or membership payments
   62ZA.   Rejection of contributions or membership payments by Authority

           Division 8 - Assignment of obligations

   62ZB.   Assignment of obligations following cancellation of licence and in other cases

   PART 6B - ALTERNATIVE INDEMNITY PRODUCTS--SPECIALISED INSURANCE ARRANGEMENTS

           Division 1 - Preliminary

   62ZC.   Application
   62ZD.   Persons who may arrange specialised insurance cover
   62ZE.   Information to be provided to an alternative indemnity provider
   62ZF.   Provisions of the Act that apply to alternative indemnity contracts in same way as to contracts of insurance

           Division 2 - Losses covered

   62ZG.   Loss to be covered by an alternative indemnity contract
   62ZH.   Requirements for alternative indemnity product cover for residential building work done under contract
   62ZI.   Period of cover to be provided by an alternative indemnity contract

           Division 3 - Mandatory terms of alternative indemnity contracts

   62ZJ.   Beneficiaries
   62ZK.   Misrepresentation or non-disclosure

           Division 4 - Losses indemnified and limitations on liability and cover

   62ZL.   Losses indemnified under alternative indemnity contracts (where single contract)
   62ZM.   Losses indemnified under construction period alternative indemnity contracts
   62ZN.   Losses indemnified under warranty period alternative indemnity contracts
   62ZO.   Exclusion of amounts of deposit or progress payment
   62ZP.   Limitations on liability and cover
   62ZQ.   Reduction of liability for failure to enforce statutory warranty
   62ZR.   Time limits for notice of loss or damage

           Division 5 - Amount of cover

   62ZS.   Amount of cover where one or more dwellings
   62ZT.   Minimum cover
   62ZU.   Requirements for cover for residential flat buildings

           Division 6 - Claims

   62ZV.   Time limits for alternative indemnity contracts
   62ZW.   Time limit for making claims
   62ZX.   Time within which provider is taken to have accepted claim

           Division 7 - Charges

   62ZY.   Insurance Guidelines for the determination of charges
   62ZZ.   Charges
   62ZZA.  Filing of charges
   62ZZB.  Rejection of charges by Authority

           Division 8 - Assignment of contracts

   62ZZC.  Assignment of alternative indemnity contracts following cancellation of licence and in other cases

   PART 6C - INSURERS AND PROVIDERS

           Division 1 - Obligations on licensees

   62ZZD.  Contracts of insurance must be securely held by licence holders

           Division 2 - Conduct of licensed providers and intermediaries

   62ZZE.  False or misleading conduct by providers and certain intermediaries

           Division 3 - Payment of contributions by licensees

   62ZZF.  Payment of contributions by licensed insurers to Home Building Operational Fund
   62ZZG.  Contributions by licensed insurers to Home Building Insurers Guarantee Fund
   62ZZH.  Payment of contributions by licensed providers to Home Building Operational Fund
   62ZZI.  Contributions by licensed providers to Home Building Insurers Guarantee Fund

           Division 4 - Insolvent providers

   62ZZJ.  Circumstances in which provider of fidelity fund scheme taken to be insolvent

   PART 7 - EXEMPTIONS

   63.     Crown exemption
   64.     (Repealed)
   65.     Exemption relating to the supply of kit homes

   PART 8 - FEES

   66.     Application fees
   67.     Partial refund of application fees for certain licences and certificates
   68.     Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002

   PART 8A - PREMISES AFFECTED BY LOOSE-FILL ASBESTOS INSULATION

   68A.    Verification of presence of loose-fill asbestos insulation
   68B.    Inclusion of unverified premises on the Register
   68C.    Warning signs

   PART 9 - REGISTER

   69.     Particulars to be included in register

   PART 10 - GENERAL

   69A.    Major defect in building--external cladding
   69B.    Refrigeration work and air-conditioning work
   69C.    Application of money in Home Building Administration Fund
   70.     Definition of "relevant law"
   71.     Administrative review by Civil and Administrative Tribunal
   71A.    Information sharing
   71B.    Secretary's power to waive, reduce, postpone or refund fees
   72.     Certificate evidence
   73.     Proceedings for offences under other Acts
   74.     Penalty notice offences

   PART 11 - REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS

   75.     Repeal and savings consequent on that repeal
   76.     Provision consequent on enactment of Home Building Amendment (Compensation Reform) Act 2017
   77.     Transitional--Home Building Amendment (Information) Regulation 2021
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5B (Repealed)
           SCHEDULE 6
           SCHEDULE 7

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback