New South Wales Consolidated Acts
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HOME BUILDING ACT 1989 - SECT 3B
Date of completion of residential building work
3B Date of completion of residential building work
(1A) This section does not apply to residential building work to which
section 3C applies.
Note : Section 3C provides for the date of completion of
new buildings in strata schemes.
(1) The completion of residential building
work occurs on the date that the work is complete within the meaning of the
contract under which the work was done.
(2) If the contract does not provide
for when work is complete (or there is no contract), the completion of
residential building work occurs on
"practical completion" of the work, which is when the work is completed except
for any omissions or defects that do not prevent the work from being
reasonably capable of being used for its intended purpose.
(3) It is to be
presumed (unless an earlier date for practical completion can be established)
that practical completion of residential building work occurred on the
earliest of whichever of the following dates can be established for the work:
(a) the date on which the contractor handed over possession of the work to the
(b) the date on which the contractor last attended the site to carry
out work (other than work to remedy any defect that does not affect
(c) the date of issue of an occupation certificate
under the Environmental Planning and Assessment Act 1979 that authorises
commencement of the use or occupation of the work,
(d) (in the case of
owner-builder work) the date that is 18 months after the issue of the
owner-builder permit for the work.
(4) If residential building work comprises
the construction of 2 or more buildings each of which is reasonably capable of
being used and occupied separately, practical completion of the individual
buildings can occur at different times (so that practical completion of any
one building does not require practical completion of all the buildings).
This section applies for the purposes of determining when completion of
residential building work occurs for the purposes of any provision of this
Act, the regulations or a contract of insurance under Part 6.
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