SPECIALIST ADVICE ON RESOLVING BUILDING LAW MATTERS

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Australian Government has made many laws related to Building and Construction. Buildings give safety, ease of living and a great lifestyle. In modern times the building structures have changed but the complexity related to the building disputes have been the same.

 

The basic problem which the buyer face when he buys a flat or the house from the builder that their payment dispute which should be solved according to the laws present in the Australia.

 

Then the other situations arise that how the mediation will be done so that the buyer doesn’t feel that he has been cheated and how the investigation will be done by the agencies so that builders doesn’t lose their profit as well.

 

If there is any planning has been done regraded to public safety, then how it should be followed so that the public can get the maximum benefits from the system and then it could be helpful for everyone.

 

Building also has funds and how to relocate them to correct person is also one of the main challenge. This should be also taken care of and the law has been also created to help the authorities and the lawyers to give justice to the aggrieved parties.

Laws related to Building

HOME BUILDING ACT 1989

  • Unlicensed contracting
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    1) A person must not contract to do:
    (a) any residential building work, or
    (b) any specialist work,
    except as or on behalf of an individual, partnership or corporation that is the holder of a contractorlicence authorising its holder to contract to do that work.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (2) The holder of a contractor licence who has contracted to do any residential building work must not contract with another person for the other person to do the work (or any part of the work) for the holder unless the other person is the holder of a contractor licence to do work of that kind.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (3) The holder of a contractor licence must not contract with another person for the other person to do any work (or part of any work) for the holder for which insurance is required under this Act unless the other person is the holder of a contractor licence to do work of that kind.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (4) A developer in relation to residential building work must not contract with another person for the other person to do that residential building work on behalf of the developer unless the other person is the holder of a contractor licence authorising the other person to do work of that kind.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (5) A person is not guilty of an offence against subsection (2), (3) or (4) if the person establishes that the person did all that could reasonably be required to prevent the contravention of the subsection.
    (6) An individual who is convicted of a second or subsequent offence under a provision of this section is liable to a penalty not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

  • Seeking work by or for unlicensed person
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    (1) An individual, a member of a partnership, an officer of a corporation or a corporation must not represent that the individual, partnership or corporation is prepared to do:
    (a) any residential building work, or
    (b) any specialist work,
    if the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.
    (2) A person must not represent that an individual, partnership or corporation is prepared to do:
    (a) any residential building work, or
    (b) any specialist work,
    if the person knows that the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.
    (3) An individual who is convicted of a second or subsequent offence under this section is liable to a penalty not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

  • Consumer information
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    (1A) This section applies only to contracts to which section 7 applies but does not apply to any of the following contracts:
    (a) a contract to do residential building work entered into between the holder of a contractor licence and a developer in relation to the work,
    (b) a contract of a class prescribed by the regulations.
    (1) A holder of a contractor licence must, before entering into a contract that the holder is authorised by this Act to enter, give to the other party to the contract information, in a form approved by the Secretary, that explains the operation of this Act and the procedure for the resolution of disputes under the contract and for the resolution of disputes relating to insurance.
    Maximum penalty: 40 penalty units in the case of a corporation and 20 penalty units in any other case.
  • Offence
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    A person must not contract to do work under a contract unless the requirements of sections 7, 7AAA and 7E in relation to the contract are complied with.
    Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case.

  • Copy of contract
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    A holder of a contractor licence must, not later than 5 clear business days after entering into a contract, give the other party to the contract a signed copy of the contract in the form in which it was made.
    Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case.

  • Maximum deposit for residential building work
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    (1) The maximum amount of a deposit for residential building work is 10% of the contract price. A
    “deposit” for residential building work is a payment on account before work is commenced under a contract to do residential building work.
    (2) A person must not:
    (a) demand or receive payment of a deposit for residential building work if the amount of the payment exceeds the maximum imposed by this section, or
    (b) enter into a contract under which the person is entitled to demand or receive payment of a deposit for residential building work if the amount of the payment exceeds the maximum imposed by this section.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (3) The regulations may make provision concerning how a contract price is to be determined for the purposes of this section.
    (4) This section does not apply to residential building work done under:
    (a) a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or
    (b) a contract to do specialist work that is not also residential building work.
    Note: The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns.

  • Maximum progress payments (other than small jobs)
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    1) This section applies to a contract to do residential building work when the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The
    “prescribed amount” is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.
    (2) A progress payment for residential building work under a contract to which this section applies is authorised only if it is one of the following kinds of authorised progress payments:
    (a) a progress payment of a specified amount or specified percentage of the contract price that is payable following completion of a specified stage of the work, with the work that comprises that stage described in clear and plain language,
    (b) a progress payment for labour and materials in respect of work already performed or costs already incurred (and which may include the addition of a margin), with provision for a claim for payment to be supported by such invoices, receipts or other documents as may be reasonably necessary to support the claim and with payment intervals fixed by the contract or on an “as invoiced” basis,
    (c) a progress payment authorised by the regulations.
    Note: Progress payments can extend to variations to the work to be done under the contract.
    (3) A contract can provide for more than one kind of authorised progress payment.
    (4) A person must not:
    (a) demand or receive payment of a progress payment under a contract to which this section applies unless the progress payment is authorised under this section, or
    (b) enter into a contract to which this section applies under which the person is entitled to demand or receive payment of a progress payment unless the progress payment is authorised under this section.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (5) This section does not apply to a progress payment for residential building work under a construction contract to which the Building and Construction Industry Security of Payment Act 1999applies.
    (6) This section does not apply to:
    (a) a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or
    (b) a contract to do specialist work that is not also residential building work.
    Note: The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns.

  • Exhibition homes
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    (1) In this section,
    “exhibition home” means a dwelling made available for inspection to persons who are invited, expressly or impliedly, to enter into a contract for the construction of a similar dwelling.
    (2) A person who makes an exhibition home available for inspection or who advertises that an exhibition home is so available is guilty of an offence if, at any time it is available for inspection, there is not prominently displayed at the home:
    (a) a copy of the plans and specifications relating to its construction, and
    (b) if the person is aware that persons are to be invited to enter into building contracts for the construction of similar dwellings by use of a standard form of building contract, a copy of that form of contract.
    Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case.
    (3) If:
    (a) a contract is entered into with the holder of a contractor licence for the construction of a dwelling that is similar to an exhibition home, and
    (b) the holder knows that it was entered into after the other party to the contract had inspected the home, and
    (c) the contract in any way identifies the dwelling to be built by reference to the home,
    the contract is to be taken to contain a provision that the dwelling will be constructed according to the same plans and specifications, standards of workmanship and quality of materials as the exhibition home, except to the extent (if any) that the contract and its accompanying plans and specifications provide for any departure from them.

  • Unlicensed work
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    An individual must not do any residential building work, or specialist work, except:
    (a) as, or as a member of a partnership or an officer of a corporation that is, the holder of a contractorlicence authorising its holder to contract to do that work, or
    (b) as the holder of an owner-builder permit authorising its holder to do that work, or
    (c) as an employee of the holder of such a contractor licence or permit.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

  • Unqualified residential building work
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    (1) An individual must not do any residential building work, except:
    (a) as the holder of an endorsed contractor licence, a supervisor or tradesperson certificate or an owner-builder permit, authorising its holder to do that work, or
    (b) under the supervision, and subject to the direction, of the holder of an endorsed contractor licence or supervisor certificate authorising its holder to supervise that work.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (2) If the same facts establish an offence under this section and an offence under another provision of this Act or under any other Act or law, an individual is not liable to be convicted of both offences.

  • Unqualified electrical wiring work
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    (1) An individual must not do any electrical wiring work (whether or not it is also residential building work), except:
    (a) as a qualified supervisor in respect of that work, or
    (b) as the holder of a tradesperson certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in accordance with the directions, if any, of such a qualified supervisor.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (2) Despite subsection (1), an individual may do electrical wiring work even though the individual is not such a qualified supervisor or holder, but only if such a qualified supervisor:
    (a) is present at all times where the work is being done by the individual, and
    (b) is available to be consulted by, and to give directions relating to how the work is to be done to, the individual.
    (3) A qualified supervisor who is supervising any electrical wiring work being done by an individual as referred to in subsection (1) (b) must:
    (a) give directions that are adequate to enable the work to be done correctly by the individual performing it, and
    (b) personally, ensure that the work is correctly done.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (4) A qualified supervisor who is supervising any electrical wiring work being done by an individual as referred to in subsection (2) must:
    (a) give directions that are adequate to enable the work to be done correctly by the individual performing it (which, unless the qualified supervisor considers it unnecessary, must include directions requiring the individual to advise in detail on progress with the work), and
    (b) be present when the work is being done and be available to be consulted by, and to give directions relating to how the work is to be done to, the individual, and
    (c) personally, ensure that the work is correctly done.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (5) This section applies to an individual acting in the course of his or her employment by the Crown.
    (6) In this section,
    “qualified supervisor” in respect of electrical wiring work means the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work.

  • Unqualified refrigeration or air-conditioning work
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    An individual must not do any work declared by the regulations to be refrigeration work or air-conditioning work (whether or not it is also residential building work), except:
    (a) as the holder of an endorsed contractor licence, or of a supervisor or tradesperson certificate, authorising its holder to do that work, or
    (b) under the immediate supervision of the holder of such an endorsed contractor licence or supervisor certificate.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

  • Obligations of holders of contractor licences
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    The holder of a contractor licence must ensure that, when residential building work, or specialist work, for which the contractor licence authorises the holder to contract is being done by or on behalf of the holder, the work is done:
    (a) by the holder of an endorsed contractor licence, or of a supervisor or tradesperson certificate, authorising its holder to do the work, or
    (b) under the supervision, and subject to the direction, of the holder of such an endorsed contractor licence or supervisor certificate, but only if the work is done so as not to contravene a requirement made by or under this or any other Act.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

  • Offence
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    A person must not contract to supply a kit home under a contract unless the requirements of sections 16D and 16DE in relation to the contract are complied with.
    Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case.

  • of contract
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    A kit home supplier must, not later than 5 clear business days after entering into a contract, give the other party to the contract a signed copy of the contract in the form in which it was made.
    Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case.

    SECTION 16E Maximum deposit for kit home supply
    (1) The maximum amount of a deposit for the supply of a kit home is 10% of the contract price. A
    “deposit” for the supply of a kit home is a payment on account before delivery of part of the kit home is made under a contract to supply a kit home.
    (2) A person must not:
    (a) demand or receive payment of a deposit for the supply of a kit home if the amount of the deposit exceeds the maximum imposed by this section, or
    (b) enter into a contract under which the person is entitled to demand or receive payment of a deposit for the supply of a kit home if the amount of the deposit exceeds the maximum imposed by this section.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (3) The regulations may make provision concerning how a contract price is to be determined for the purposes of this section.

  • Misrepresentations about contractor licences or certificates
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    (1) A person must not represent that an individual, a partnership or a corporation:
    (a) is the holder of a contractor licence, knowing that the individual, partnership or corporation is not the holder of a contractor licence, or
    (b) is the holder of a contractor licence authorising its holder to contract to do residential building work, or specialist work, knowing that the individual, partnership or corporation is not the holder of an appropriate contractor licence.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (2) A person must not represent that the person or any other person:
    (a) is the holder of a supervisor or tradesperson certificate, knowing that the person or other person is not the holder of a certificate of the kind concerned, or
    (b) is the holder of a supervisor or tradesperson certificate authorising its holder to do residential building work, or specialist work, knowing that the person or other person is not the holder of an appropriate certificate.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
    (3) For the purposes of this section, a contractor licence or certificate is appropriate only if it authorises its holder to contract to do, or authorises its holder to do, the work that is the subject of the representation

  • Suspension of contractor licences–appointment of controller or administrator
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    (1) This section applies if the holder of a contractor licence is a corporation and a controller or administrator of the corporation is appointed under Part 5.2 or 5.3A of the Corporations Act 2001 of the Commonwealth.
    (2) If the Secretary is of the opinion that there is a risk to the public that the licensee will be unable to complete building contracts (whether an existing contract or a contract entered into in the future), the Secretary may, by notice in writing served on the holder of the contractor licence, inform the holder that the contractor licence will be suspended unless the holder complies with subsection (3) within the period specified in the notice.
    (3) The holder of the contractor licence must provide any documentation or information that the Secretary requires in order to satisfy the Secretary that there is no such risk to the public.
    (4) The Secretary may, by notice in writing served on the holder of the contractor licence, suspend the contractor licence from a date specified for that purpose in the notice if the documentation or information referred to in subsection (3) has not been provided within the period specified in the notice under subsection (2).
    (5) Within 7 days after a contractor licence is so suspended, the holder of the contractor licence must:
    (a) lodge the suspended contractor licence with the Secretary, or
    (b) if unable to lodge the suspended contractor licence with the Secretary, provide the Secretary with a statement signed by the holder and providing accurate and complete details of why the contractor licence cannot be lodged.
    Maximum penalty: 40 penalty units in the case of a corporation and 20 penalty units in any other case.
    (6) If the holder of the suspended contractor licence provides the documentation or information referred to in subsection (3), the Secretary must, as soon as practicable, revoke the suspension by notice in writing, unless the contractor licence has expired.
    (7) The revocation takes effect on a day specified for that purpose in the notice.
    (8) On the revocation of the suspension of a contractor licence under this section, the Secretary must return any contractor licence that has been lodged (if it has not expired) to its holder.
    Note : Section 61A makes provision for the suspension of a contractor licence by the Secretary. Section 79A of the Fair Trading Act1987 also makes provision for the suspension of licences and other authorities.

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