Building (Multi-Storey Residential Building Exemption) Regulations 2002

i Building (Multi-Storey Residential Building Exemption) Regulations 2002 S.R. No. 27/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. New Part 15C inserted 2 PART 15C—EXEMPTIONS RELATING TO MULTI- STOREY RESIDENTIAL BUILDINGS 2 15C.1 Definitions 2 15C.2 Exemptions relating to major domestic building contracts 2 15C.3 Exemptions relating to owner-builders 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2002 S.R. No. 27/2002 Building Act 1993 Building (Multi-Storey Residential Building Exemption) Regulations 2002 The Lieutenant-Governor as the Governors Deputy with the advice of the Executive Council makes the following Regulations: Dated: 9 April 2002 Responsible Minister: MARY DELAHUNTY Minister for Planning LUKAS MARTIN Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Building Regulations 19941 to exempt builders of multi-storey residential buildings from the obligation to be covered by certain kinds of required insurance in respect of those buildings. 2. Authorising provisions These Regulations are made under sections 7, 9, 261 and 262 of the Building Act 1993. 3. Commencement These Regulations come into operation on 10 April 2002. -- 2 of 5 -- S.R. No. 27/2002 Building (Multi-Storey Residential Building Exemption) Regulations 2002 2 4. New Part 15C inserted After Part 15B of the Building Regulations 1994 insert— 'PART 15C—EXEMPTIONS RELATING TO MULTI-STOREY RESIDENTIAL BUILDINGS 15C.1 Definitions In this Part— "carry out" in relation to building work, includes manage or arrange the carrying out of building work; "multi-storey residential building" means a building— (a) that has a rise in storeys of more than 3; and (b) that contains 2 or more separate dwellings; "storey" does not include a space within a building if the space contains only accommodation intended only for vehicles. 15C.2 Exemptions relating to major domestic building contracts (1) Subject to sub-regulation (3), a builder who carries out or proposes to carry out domestic building work under a major domestic building contract for the construction of a multi-storey residential building is exempt from compliance with section 136(2) of the Act in respect of the carrying out of domestic building work for the construction of that building. r. 4 -- 3 of 5 -- S.R. No. 27/2002 Building (Multi-Storey Residential Building Exemption) Regulations 2002 3 (2) Subject to sub-regulation (3), a builder is exempt from any requirement under Part 9 of the Act to be covered by the required insurance in respect of the carrying out of domestic building work under a major domestic building contract where the work is for the construction of a multi-storey residential building. (3) Nothing in this regulation exempts a builder from a requirement under section 136(2) or Part 9 to be covered by insurance in accordance with the Building Practitioners Insurance Ministerial Order made under section 135 of the Act on 13 May 1996 and published in the Special Government Gazette on 16 May 1996. (4) This regulation applies to major domestic building contracts entered into on or after 10 April 2002. 15C.3 Exemptions relating to owner-builders (1) A person who constructs a multi-storey residential building is exempt from compliance with section 137B(2)(b) of the Act in respect of any contract to sell the building. (2) A person who constructs a multi-storey residential building is exempt from any requirement under Part 9 of the Act to be covered by the required insurance in respect of any contract to sell the building. (3) This regulation applies to contracts of sale entered into on or after 10 April 2002.'. ═══════════════ r. 4 -- 4 of 5 -- S.R. No. 27/2002 Building (Multi-Storey Residential Building Exemption) Regulations 2002 4 ENDNOTES 1 Reg 1: S.R. No. 81/1994. Reprint No. 5 as at 28 October 1999. Subsequently amended by S.R. Nos 109/2000, 110/2000, 16/2001, 82/2001, 171/2001 and 176/2001. —— Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4 (inserting regulation 15C.2) Building Practitioners Insurance Ministerial Order made under section 135 of the Building Act 1993 on 13 May 1996 and published in the Special Government Gazette on 16 May 1996. The whole Endnotes -- 5 of 5 --