Home Building Act Amendment

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What should you be aware of?

On 9 May 2014 the Home Building Amendment Bill 2014 was introduced to the Legislative Assembly of the New South Wales Parliament. It passed that House on 14 May 2014.

The object of the Bill is to amend the Home Building Act 1989 (“HBA”) in connection with matters including:

  • Penalties for unlicensed work;
  • Contracts to do residential building work or specialist work;
  • Contracts to supply kit homes;
  • Statutory warranties implied into contracts;
  • Provisions relating to contractor licences, supervisor certificates and tradesperson certificates including broadening the grounds for disqualification;
  • Notification of insolvency, winding-up or de-registration of licence holders;
  • Owner building;
  • Resolution of building disputes;
  • Disciplinary proceedings;
  • Home warranty insurance;
  • Owner builder kit homes and requirements for obtaining contractor licences;
  • Other minor consequential or ancillary matters.

The HBA is an act with which strata title lawyers need to be familiar. Building defects are one of the largest areas of complaint from those living in strata schemes in this state. Unfortunately for those practicing in the area, the HBA is one of the most frequently amended pieces of legislation in New South Wales.

The emphasis of this paper is on the amendment of those areas of the HBA which are most commonly used by strata lawyers. This paper is not designed as a general overview of the HBA and the amendments and assumes a basic knowledge of the HBA from a strata perspective.

Click here to download the full paper Home Building Act Amendment

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

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