New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SCHEDULE 2

SCHEDULE 2 – Terms to be included in certain contracts

(Sections 7E, 11D and 16DE)

Part 1 - Contracts to do residential building work

1 Plans and specifications

(1) All plans and specifications for work to be done under this contract, including any variations to those plans and specifications, are taken to form part of this contract.

(2) Any agreement to vary this contract, or to vary the plans and specifications for work to be done under this contract, must be in writing signed by or on behalf of each party to this contract.

(3) This clause only applies to a contract to which section 7AA (Consumer information) of the Home Building Act 1989 applies.

2 Quality of construction

(1) All work done under this contract will comply with--

(a) the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 , including any regulation or other instrument made under that Act), and

(b) all other relevant codes, standards and specifications that the work is required to comply with under any law, and

(c) the conditions of any relevant development consent or complying development certificate.

(2) Despite subclause (1), this contract may limit the liability of the contractor for a failure to comply with subclause (1) if the failure relates solely to--

(a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or

(b) a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes subclause (1).

Part 1A - Contracts for work requiring certifiers

2A Selection of registered certifier

(1) The contractor will notify the owner if a registered certifier is required with respect to particular work done under this contract.

(2) The selection of a registered certifier is the sole responsibility of the owner (subject to section 6.6 (4A) or 6.12 (4A) of the Environmental Planning and Assessment Act 1979 ).

(3) The contractor will not object to the selection by the owner of any particular registered certifier.

Part 2 - Contracts to supply kit homes

3 Plans and specifications

(1) All plans and specifications for building components to be supplied under this contract, including any variations to those plans and specifications, are taken to form part of this contract.

(2) Any agreement to vary this contract, or to vary the plans and specifications for building components to be supplied under this contract, must be in writing signed by or on behalf of each party to this contract.

4 Quality of construction

(1) All building components supplied under this contract will comply with--

(a) the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 , including any regulation or other instrument made under that Act), and

(b) all other relevant codes, standards and specifications that the work is required to comply with under any law, and

(c) the conditions of any relevant development consent or complying development certificate.

(2) Despite subclause (1), this contract may limit the liability of the contractor for a failure to comply with subclause (1) if the failure relates solely to--

(a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or

(b) a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes subclause (1).