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BUILDING AMENDMENT ACT 2008 (NO. 36 OF 2008) - SECT 3

Owner-builder insurance

See:
Act No.
126/1993.
Reprint No. 7
as at
16 November 2006
and amending
Act Nos
24/2006, 28/2007, 31/2007 and 4/2008.
LawToday:
www.
legislation.
vic.gov.au    

    (1)     After section 137B(5) of the Building Act 1993 insert

    "(5AA)         A reference in subsection (2) to a person who constructs a building includes a reference to—

        (a)     a mortgagee in possession of the land on which the building is situated; and

        (b)     an executor or administrator of the estate of the person who constructed the building.

    (5AAB)     A mortgagee, executor or administrator referred to in subsection (5AA) may rely on anything which was done by the person who constructed the building under subsection (2)(a) in the 6 months before a contract of sale is entered into by the mortgagee, executor or administrator as if it had been done by the mortgagee, executor or administrator.".

    (2)     In section 137B(7) of the Building Act 1993 insert the following definition—

""certified date of commencement", in relation to a building, means the date certified by the owner of the building by statutory declaration as the date of commencement of the building work for the construction of the building;".

    (3)     In section 137B(7) of the Building Act 1993 , in the definition of "prescribed period", for paragraph (a)(ii) substitute

    "(ii)     if neither an occupancy permit nor a certificate of final inspection is issued or required to be issued in respect of the construction of the building—

    (A)     7 years after the date of the issue of the building permit in respect of the construction of the building; or

    (B)     if a building permit is not issued or required to be issued in respect of the construction of the building, 6 years and 6 months after the certified date of commencement for the building; and".    



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