Australian Capital Territory Current Regulations

BUILDING (GENERAL) REGULATION 2008 - REG 31

In deciding whether building work has been carried out in a proper and skilful way, the following considerations must be taken into account:

        (a)     whether the work uses a product or system in accordance with any accessible instructions, directions, guidelines or suggestions of the maker or seller of the product or system;

Examples—instructions that are not accessible

1     instructions not in English

2     an information leaflet printed 10 years ago that is now unavailable

        (b)     whether the work is in accordance with any relevant rules or guidelines published by Standards Australia;

        (c)     whether, as part of the work, a product or system is being, or has been, used in a way that a reasonable person would expect is contrary to the intended use of the product or system;

        (d)     whether, as part of the work, a product or system is being, or has been, used in a way that the maker has given written notice will void the maker's warranty;

Example—use

Installing roof sheeting so it is level at any point is not carrying out building work in a proper way if the manufacturer's published literature indicates that the sheeting's warranty is voided if the sheeting is installed at a fall of less than 1° off level.

        (e)     whether a reasonable person doing the work would know or suspect on reasonable grounds that the use of a product or system in a particular way would cause more instability, or affect the durability or soundness of the product or system or of the building work than if the product or system were used appropriately;

        (f)     how reasonable it is in all the circumstances for the user of a product or system to rely on the maker's statement that the product or system complies with a stated standard;

        (g)     whether the building work contravenes the Act or another territory law.