Australian Capital Territory Current Regulations

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BUILDING (GENERAL) REGULATION 2008 - REG 38B

Prohibited conditions—Act, s 89E

    (1)     This section applies to a residential building work contract for—

        (a)     a new class 1 building; or

        (b)     an alteration to, or demolition of, an existing class 1 or class 2 building; or

        (c)     a class 10 building that provides structural support, or is a structurally integral adjunct, to a new class 1 building or an existing class 1 or class 2 building.

    (2)     However, this section does not apply to a residential building work contract entered into before the commencement of this section.

    (3)     A condition in a residential building work contract that allows a person, other than the owner of the land where the work is to be carried out under the contract, to do any of the following is prescribed as a prohibited condition:

        (a)     to appoint or revoke the appointment of an eligible entity as a certifier for the work;

        (b)     to act as the agent of the owner in dealing with a certifier appointed for the work.



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