New South Wales Consolidated Acts

HOME BUILDING ACT 1989

- As at 20 August 2024 
- Act 147 of 1989 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Interpretation
   3AA.    (Repealed)
   3A.     Application of provisions to developers
   3B.     Date of completion of residential building work
   3C.     Date of completion of new buildings in strata schemes
   3D.     Application of provisions to specialist work

   PART 2 - REGULATION OF RESIDENTIAL BUILDING WORK AND SPECIALIST WORK

           Division 1 - Contracting for work

   4.      Unlicensed contracting
   5.      Seeking work by or for unlicensed person
   6.      Application of requirements for contracts
   7.      Form of contracts (other than small jobs)
   7AAA.   Form of contracts (small jobs)
   7AA.    Consumer information
   7A.     Offence
   7B.     Copy of contract
   7BA.    Cooling-off period: person may rescind a contract for residential building work within 5 days without penalty
   7BB.    Person may rescind a residential building work contract if cooling-off warning not given
   7C.     Arbitration clause prohibited
   7D.     Interests in land under contract
   7E.     Terms of contracts
   8.      Maximum deposit for residential building work
   8A.     Maximum progress payments (other than small jobs)
   9.      Exhibition homes
   10.     Enforceability of contracts and other rights
   11.     Other rights not affected

           Division 1A - Additional requirements for certain contracts if certifier required

   11A.    Application of Division
   11B.    Consumer information--certifiers
   11C.    Undue influence relating to appointment of certifiers
   11D.    Terms of contract
   11E.    Provisions not to apply where health or safety or property at risk

           Division 2 - Restrictions on who may do certain work

   12.     Unlicensed work
   13.     Unqualified residential building work
   14.     Unqualified electrical wiring work
   15.     Unqualified refrigeration or air-conditioning work
   15A.    Unqualified mechanical services and medical gas work
   15B.    Unqualified medical gasfitting work
   15C.    Unqualified medical gas technician work
   16.     Obligations of holders of contractor licences

   PART 2A - REGULATION OF SUPPLY OF KIT HOMES

           16A, 16B. (Repealed)
   16C.    Application of requirements for contracts
   16D.    Form of contracts for kit homes
   16DAA.  Consumer information
   16DA.   Offence
   16DB.   Copy of contract
   16DBA.  Cooling-off period: person may rescind kit home contract within 5 days without penalty
   16DBB.  Person may rescind kit home contract if cooling-off warning not given
   16DC.   Arbitration clause prohibited
   16DD.   Interests in land under contract
   16DE.   Terms of contracts
   16E.    Maximum deposit for kit home supply
   16F.    Exhibition homes
   16G.    Enforceability of contracts
   16H.    Application of this Part

   PART 2B - REPRESENTATIONS CONCERNING CONTRACTOR LICENCES OR CERTIFICATES

   17.     Misrepresentations about contractor licences or certificates
   18.     Representations, generally

   PART 2C - STATUTORY WARRANTIES

   18A.    Time from when Part applies
   18B.    Warranties as to residential building work
   18BA.   Duties of person having benefit of statutory warranty
   18C.    Warranties as to work by others
   18D.    Extension of statutory warranties
   18E.    Proceedings for breach of warranty
   18F.    Defences
   18G.    Warranties may not be excluded

   PART 2D - (Repealed)
   None

   PART 3 - LICENCES AND CERTIFICATES

           Division 1 - Contractor licences

   19.     Application to contractor licences of Licensing and Registration (Uniform Procedures) Act 2002
   20.     Issue of contractor licences
   21.     Authority conferred by contractor licences
   22.     Cancellation of contractor licences
   22A.    Suspension of contractor licences--failure to insure
   22B.    Suspension of contractor licences--appointment of controller or administrator
   23.     Warning notices

           Division 2 - Supervision and tradesperson certificates

   24.     Application to tradesperson and supervisor certificates of Licensing and Registration (Uniform Procedures) Act 2002
   25.     Issue of certificates
   26.     Issue of endorsed contractor licences
   27.     Authority conferred by certificates
   28.     Authority conferred by endorsed contractor licences

           Division 3 - Owner-builder permits

   29.     Definitions
   30.     Application to owner-builder permits of Licensing and Registration (Uniform Procedures) Act 2002
   31.     Issue of owner-builder permits
   32.     Authority conferred by owner-builder permits
   32AA.   Unlicensed contracting

           Division 3A - (Repealed)
           None

           Division 4 - Provisions relating to contractor licences, certificates and owner-builder permits

   33.     (Repealed)
   33A.    Disqualification from holding authorities
   33B.    General requirements for issue of certain authorities
   33C.    Additional requirements for obtaining contractor licences
   33D.    Additional requirements for obtaining supervisor and tradesperson certificates
   33E.    Additional requirements for obtaining endorsed contractor licenses and supervisor and tradesperson certificates relating to mechanical services and medical gas work
   33F.    Additional requirements for obtaining endorsed contractor licenses and supervisor and tradesperson certificates relating to medical gasfitting work
   33G.    Additional requirements for obtaining endorsed contractor licenses and supervisor and tradesperson certificates relating to medical gas technician work
   33H.    Approved foreign qualifications
   34.     Updating of applications
   35.     Secretary may obtain information from third parties
   36.     Conditions of authorities
   37.     Restrictions on certain authorities
   38.     Provisional authorities
   39.     Time period for restoration of authorities
   40.     Renewal of authorities
   41.     (Repealed)
   42.     Term of duration of authority
   42A.    Automatic suspension of licence for failure to comply with order to pay money in relation to building claim
   43.     Cancellation because of fraud etc
   44.     Return of cancelled or varied authority
   45.     (Repealed)
   46.     Transfer prohibited
   46A.    Lending of authority prohibited
   47.     Production of authority
   47A.    Appointment of person to co-ordinate or supervise work if authority suspended, cancelled or surrendered
   48.     Other laws not affected

   PART 3A - RESOLVING BUILDING DISPUTES AND BUILDING CLAIMS

           Division 1 - Definitions

   48A.    Definitions

           Division 2 - Dealing with a building dispute

   48B.    Definitions
   48C.    Notification of building dispute
   48D.    Investigation of dispute
   48E.    Inspector may make rectification order
   48F.    Effect of rectification order
           48G-48HA. (Repealed)

           Division 3 - Making an application for determination of a building claim

   48I.    Application for determination of building claim
   48J.    Certain applications to be rejected

           Division 4 - Jurisdiction in relation to building claims

   48K.    Jurisdiction of Tribunal in relation to building claims
   48L.    Tribunal to be chiefly responsible for resolving building claims
   48M.    Jurisdiction in relation to actions against refusal of insurance claims
   48MA.   Rectification of defective work is preferred outcome in proceedings

           Division 5 - Powers of Tribunal

   48N.    Tribunal may have regard to certain building reports
   48O.    Powers of Tribunal
   48P.    Power to adjourn proceedings where insurable event arises
   48Q.    (Repealed)
   48R.    Order must include warning regarding non-compliance
   48S.    Tribunal must inform Secretary of any order made
   48T.    Secretary to be informed of compliance with order
   48U.    Failure to inform of compliance

           Division 6 - Miscellaneous

   48V.    Requirement to notify Secretary of court order to pay money in relation to building claim

   PART 3B - INVESTIGATION FOR DEFECTS

   49.     Interpretation
   49A.    Investigation of residential building work
   49B.    Secretary may make rectification order
   49C.    Amendment, revocation and expiry of rectification orders
   49D.    Appeals to Tribunal against rectification orders
   49E.    Offence--failure to comply with rectification order

   PART 4 - DISCIPLINARY PROCEEDINGS

           Division 1 - Interpretation

   50.     Application of Part to former holders and others
   51.     Improper conduct: generally
   52.     Improper conduct: assisting others
   53.     Improper conduct: nominated supervisors
   54.     Improper conduct: members of partnerships or officers of corporations

           Division 2 - Disciplinary action

   55.     Definition of "authority"
   56.     Grounds for taking disciplinary action against holder of a contractor licence
   56A.    (Repealed)
   57.     Grounds for taking disciplinary action against holder of a supervisor or tradesperson certificate
   58.     Complaints about holders of authorities
   59.     Dealing with complaints
   60.     Investigation by Secretary
   61.     Notice to show cause
   61A.    Power to suspend authority when show cause notice served
   62.     Disciplinary action that may be taken by Secretary
   63.     Double jeopardy
   64.     Notice of decision
   65.     When disciplinary action becomes effective
   66.     Return of cancelled, suspended or varied authority
   67.     Enforcement of monetary penalties and payment of costs
   68.     Liability for offences not affected
   69.     Protection if complaint lodged
           Divisions 3-5 - (Repealed)
           None

   PART 4A - ADMINISTRATIVE REVIEWS BY TRIBUNAL

   83A.    Definition
   83B.    Administrative reviews by Tribunal

   PART 5 - JURISDICTION OF TRIBUNAL REGARDING APPEALS AND UNJUST CONTRACTS

           Division 1 - Appeals

   84.     (Repealed)
   85.     Appeal to Tribunal
   86.     Time limits for appeals
           87-89. (Repealed)

           Division 2 - (Repealed)
           None

           Division 3 - Unjust contracts

   89D.    Jurisdiction relating to unjust contracts

   PART 6 - INSURANCE

           Division 1 - Preliminary

           89E-89G. (Repealed)
   90.     Definitions
   91.     When Part applies

           Division 2 - Insurance requirements

   91A.    (Repealed)
   92.     Contract work must be insured
   92A.    Notification of insurer
   92B.    (Repealed)
   92C.    Operation of contract of insurance in relation to non-contracting owners
           93-93B. (Repealed)
   94.     Effect of failure to insure residential building work
   94A.    (Repealed)
   95.     No insurance for owner-builder work
   96.     Insurance in relation to residential building work not carried out under contract
   96A.    Obligations of developers in relation to insurance
   96B.    Obligations of sellers of excluded dwellings (houses and units used for commercial purposes)
   97.     Exemptions from insurance requirements
   98.     Employees and others not required to insure

           Division 3 - Insurance contracts and premiums

   99.     Requirements for insurance for residential building work done under contract
   100.    Requirements for insurance of work not done under contract
   101.    Deemed insolvency of contractor for insurance purposes
   101A.   Claim form
   102.    General requirements for insurance
   102A.   Register of insurance and other particulars
   103.    Requirements for professional indemnity and other insurance
           103A-103AD. (Repealed)
   103B.   Period of cover
   103BA.  Time limits for policies issued between 1.5.1997 and 30.6.2002
   103BB.  Time limits for policies issued from 1.7.2002
   103BC.  Limits on claims
   103BD.  Insurance Guidelines for the determination of premiums
   103BE.  Premiums
   103BF.  Filing of premiums
   103BG.  Rejection of premiums by Authority
   103C.   Regulations
   103D.   Part may not be excluded
   103E.   Exemption for work done for public sector agencies
   103EA.  False or misleading applications for insurance
   103EB.  False or misleading conduct by insurers and insurance intermediaries

           Division 4 - Insurance Guidelines

   103EC.  State Insurance Regulatory Authority may issue guidelines
   103ED.  Insurance Guidelines--general provisions
   103EE.  Regulations relating to Guidelines

           Division 5 - Home Building Operational Fund

   103EF.  Home Building Operational Fund
   103EG.  Payment of contributions by licensed insurers

   PART 6A - INSOLVENT INSURERS

           Division 1 - Preliminary

   103F.   Interpretation
   103G.   Insolvent insurers
   103H.   Transitional--payments made by State before commencement of this Part

           Division 2 - Insurance claims indemnified by State

   103I.   Indemnity
   103J.   Enforcement of indemnity provided by State
   103K.   Making claim under indemnity
   103L.   Payment of claims
   103M.   Assignment of rights
   103N.   Authority may require builder to make payments or rectification
   103O.   Indemnity payments after insolvent insurer dissolved
   103OA.  Home Building Insurers Guarantee Fund
   103OB.  Contributions to Home Building Insurers Guarantee Fund

           Division 3 - (Repealed)
           None

           Division 4 - Miscellaneous

   103S.   Functions of Authority
   103T.   (Repealed)
   103U.   Authority may enter into agreements and arrangements with liquidator of an insolvent insurer
   103V.   Recovery of amounts under contracts or arrangements for re-insurance or co-insurance
   103W.   Liquidator to notify Authority of claims
   103X.   Delivery of documents to Authority
   103Y.   Inspection of documents by person authorised by Minister
   103Z.   Authority may take certain legal proceedings
   103ZA.  Disputes regarding decisions of Authority
   103ZB.  Recovery of amounts under guarantees or indemnities
   103ZC.  (Repealed)

   PART 6B - ALTERNATIVE INDEMNITY PRODUCTS

   104.    Alternative indemnity products
   104A.   Approval of alternative indemnity products
   104B.   Alternative indemnity product may be used instead of insurance
   104C.   Regulation of alternative indemnity cover
   104D.   Insolvent providers
   104E.   Insurance Guidelines relating to alternative indemnity products

   PART 6C - INSURERS AND PROVIDERS

           Division 1 - Licences

   105.    Definition
   105A.   Offence--unlicensed insurers and providers
   105B.   Self Insurance Corporation taken to be licensed insurer
   105C.   Applications for insurer licences
   105D.   Applications for provider licences
   105E.   Application requirements
   105F.   Determination of application for licence
   105G.   Duration of licences
   105H.   Conditions of licences
   105I.   Matters that may be regulated by conditions of licences
   105J.   Matters not subject to conditions of licences
   105K.   Assignment of licences
   105L.   Suspension of licences
   105M.   Imposition of civil penalty on or censure of licence holder
   105N.   Cancellation of licences
   105O.   Assignment of contracts of insurance following cancellation of licence and in other cases
   105P.   Records and evidence relating to licences
   105Q.   Administrative reviews of licensing decisions by Civil and Administrative Tribunal
   105R.   Publication of information about licence holders

           Division 2 - Supervision of licence holders

   105S.   Business plans of licence holders
   105T.   Re-insurance arrangements of licensed insurers
   105U.   Investment of funds of licence holder
   105V.   Accounts, returns and other records of licence holder
   105W.   Audit of accounting and other records and performance audit
   105X.   Information and documents to be supplied to Authority by licence holders and former holders
   105Y.   Reports about licence holders
   105Z.   Power of Supreme Court to deal with licence holders unable to meet liabilities
   105ZA.  Notification to Authority of certain defaults in relation to licence holders
   105ZB.  Proceedings for failure to comply with licence

   PART 7 - ADDITIONAL FUNCTIONS OF SECRETARY

   106.    Functions of Secretary under Act
           107-113. (Repealed)
   114.    Home Building Administration Fund
   115.    Secretary may make payments
   115A.   Undertakings
           PARTS 7A, 7B - (Repealed)
           None

   PART 8 - GENERAL

           Division 1 - Inspections and reports

   116.    Inspections of and reports on dwellings
   117.    Applications
   118.    Rejection of applications
   119.    Liability for report

           Division 1A - Premises affected by loose-fill asbestos insulation

   119A.   Definitions
   119B.   Register
   119C.   Warning signs

           Division 2 - Miscellaneous

   120.    Register
   121.    Disclosure of information
   121A.   Secrecy of information obtained from or relating to insurers or proposed insurers
   121B.   Information sharing
   121C.   Data required to be supplied to Authority by licence holders
   122.    Delegation
   123.    Service of notices or other documents
   123A.   Service of documents on Authority
   124.    Order for substituted service
   125.    (Repealed)
   126.    Power of entry
   126A.   Search warrants
   127.    Power to obtain information
   127A.   Power to request name and address of persons undertaking residential building work or specialist work
   128.    Obstruction of employees and others
   129.    Stop work orders
   130.    Appeals to Tribunal against stop work orders
   130A.   Register of rectification orders and stop work orders
   131.    Certificate evidence
   132.    State of mind of and conduct by directors, employees or agents
   133.    Evidence of publication
   134.    Aiding and abetting etc
   135.    Proceedings for certain offences under other Acts
   136.    Offence by employee--liability of employer
   137.    Offence by body corporate--general liability of directors etc
   137A.   Liability of directors etc for specified offences by corporation--offences attracting executive liability
   138.    Supreme Court injunction
   138A.   Penalty notices
   139.    Proceedings for offences
   139A.   Continuing offences
   140.    Regulations
   141.    (Repealed)
   142.    Savings and transitional provisions
   143.    (Repealed)
   144.    Exclusion of personal liability
   145.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 2A (Repealed)
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5 (Repealed)