New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 56

56 Exemptions from insurance for multi-storey buildings

(1) A person who does, or enters into a contract to do, residential building work relating to the construction of a multi-storey building is exempt from the requirements of Part 6 of the Act in respect of that residential building work.

(2) A developer who enters into a contract for the sale of land on which residential building work relating to the construction of a multi-storey building has been done, or is to be done, is exempt from the requirements of section 96A of the Act in relation to that residential building work.

(3) The exemption in subclause (2) does not apply if the residential building work was contracted to be done before the commencement of this clause and, at the time the contract was entered into, the work was required to be insured.

(4) The exemption in subclause (2) extends to a developer who enters into a contract for the sale of land to the extent that work relating to the building's construction was contracted to be done before the commencement of this clause, if, at the time that work was contracted to be done, it did not relate to the construction of a multi-storey building for the purposes of the Home Building Regulation 2004 .

(5) This clause does not apply in respect of residential building work commenced before 31 December 2003 (being the date of commencement of clause 57BC of the Home Building Regulation 1997 , the corresponding earlier version of this clause).

(6) If a developer entered into a contract for the sale of land on which residential building work in relation to a multi-storey building was proposed to be carried out but was not commenced before 31 December 2003 and the developer complied with clause 61 in relation to that contract--

(a) the provisions of the contract complying with clause 61 (b) (ii) and (iii) cease to have effect, and

(b) the developer must notify the purchaser of the land in writing that they no longer have effect and of the exemption from the requirements of Part 6 of the Act in relation to the residential building work conferred by this clause.

(7) In this clause--

"multi-storey building" means a building--

(a) that has a rise in storeys of more than 3, and

(b) that contains 2 or more separate dwellings.

"rise in storeys" has the same meaning as it has in the Building Code of Australia of the National Construction Code Series.

"storey" has the same meaning as it has in the Building Code of Australia of the National Construction Code Series.