New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 3C

3C Date of completion of new buildings in strata schemes

(1) This section applies to residential building work comprising the construction of a new building in a strata scheme (within the meaning of the Strata Schemes Management Act 2015 ) where the issue of an occupation certificate is required to authorise commencement of the use or occupation of the building.

Note--: Section 3B provides for the date of completion of other residential building work.

(2) The completion of residential building work to which this section applies occurs on--

(a) the date of issue of an occupation certificate that authorises the occupation and use of the whole of the building, unless paragraph (b) applies, or

(b) the occurrence of some other event that is prescribed by the regulations as constituting completion of the work.

(3) If a contract to do residential building work (the
"primary contract" ) comprises the construction of 2 or more separate buildings, the date of completion of that work is to be determined as if there were a separate contract for each separate building (with each contract on the same terms as the primary contract) so that the work for each building will have a separate completion date. For the purposes of this section, a building is
"separate" if it is reasonably capable of being used and occupied separately from any other building.

Note--: Separate buildings can still have the same completion date if they are completed at the same time.

(4) This section applies for the purpose of determining when completion of residential building work occurs for the purposes of any provision of this Act, the regulations or a contract of insurance under Part 6.

(5) In this section--

"building" means any structure that, as a new building, requires the issue of an occupation certificate to authorise its use and occupation.

"occupation certificate" means an occupation certificate under the Environmental Planning and Assessment Act 1979 .

Note--: A swimming pool, tennis court or detached garage can be a building for the purposes of this section if an occupation certificate is required to authorise its use and occupation. If a structure in a strata scheme does not require an occupation certificate, section 3B will apply to it instead of section 3C.