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BUILDING WORK CONTRACTORS REGULATIONS 2011 - REG 4

4—Definitions of building work etc (section 3 of Act)

        (1)         For the purposes of paragraph (c) of the definition of "building work" in section 3(1) of the Act, the following is "building work :

            (a)         the on-site construction, alteration, repair or improvement of a swimming pool or spa;

            (b)         paving;

            (c)         fencing (excluding post and wire fencing);

            (d)         the installation, maintenance, repair and removal of insulation;

            (e)         painting a building or part of a building;

            (f)         the installation of air-conditioning in relation to a building;

            (g)         the installation of solar panels in relation to a building;

            (h)         plumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995 .

        (2)         For the purposes of paragraph (c) of the definition of "domestic building work" in section 3(1) of the Act, the following is "domestic building work":

            (a)         the construction, alteration, repair or improvement of a swimming pool or spa within the external walls of a house, within the curtilage of a house or on the boundary of the curtilage of a house;

            (b)         any other building work carried out within the curtilage of a house or on the boundary of the curtilage of a house;

            (c)         the installation, maintenance, repair and removal of insulation;

            (d)         painting a house or part of a house;

            (e)         the installation of air-conditioning in relation to a house;

            (f)         the installation of solar panels in relation to a house;

            (g)         plumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995 in relation to a house.

        (3)         For the purposes of the definition of "house" in section 3(1) of the Act—

            (a)         in relation to the period before 1 June 1996, "house" does not include a building not included within the meaning of that term under the repealed Builders Licensing Act 1986 or regulations made under that Act;

            (b)         in relation to any period commencing on or after 1 June 1996, "house" does not include hotels, motels, youth hostels, residential camps, boarding or lodging houses, university halls of residence, boarding school dormitories, barracks, nurses homes or residential facilities for workers or for training purposes.

        (4)         For the purposes of paragraph (a) of the definition of "minor domestic building work" in section 3(1) of the Act, the prescribed sum is—

            (a)         in respect of a domestic building work contract made before 15 October 2001—$5 000;

            (b)         in respect of a domestic building work contract made on or after 15 October 2001—$12 000.

        (5)         For the purposes of paragraph (b) of the definition of "minor domestic building work" in section 3(1) of the Act, the prescribed sum is $12 000.



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