House Contracts Guarantee Regulations 1999

i House Contracts Guarantee Regulations 1999 S.R. No. 41/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Revocation 1 4. Definition 2 5. Notice to guarantor 2 6. Certificates 2 __________________ SCHEDULE 3 Form 1—Notice to approved guarantor of entering into a domestic building work contract or supervision contract 3 Form 2—Notice to approved guarantor of entering into a contract for the sale by an approved builder of a dwelling-house built by the approved builder 4 Form 3—Certificate of status of builder/supervisor and of status of domestic building work 5 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1999 S.R. No. 41/1999 House Contracts Guarantee Act 1987 House Contracts Guarantee Regulations 1999 The Governor in Council makes the following Regulations: Dated: 20 April 1999 Responsible Minister: JAN WADE Minister for Fair Trading BILL ZISIMOPOULOS Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe forms and fees for the purposes of the House Contracts Guarantee Act 1987. 2. Authorising provision These Regulations are made under section 33 of the House Contracts Guarantee Act 1987. 3. Revocation The following Regulations are revoked— (a) the House Contracts Guarantee Regulations 19881 ; (b) the House Contracts Guarantee (Amendment) Regulations 1988 2 ; (c) the House Contracts Guarantee (Amendment) Regulations 1990 3 . -- 2 of 8 -- S.R. No. 41/1999 House Contracts Guarantee Regulations 1999 2 4. Definition In these Regulations, "the Act" means the House Contracts Guarantee Act 1987. 5. Notice to guarantor (1) For the purposes of section 24(1)(a) or 24(3) of the Act, notice of a domestic building work contract or supervision contract must be in the form of Form 1 set out in the Schedule. (2) For the purposes of section 24(1)(c) of the Act, notice of a contract for the sale by an approved builder of a dwelling-house built by that builder must be in the form of Form 2 set out in the Schedule. (3) A copy of a contract referred to in sub-regulation (1) or (2) must be attached to Form 1 or Form 2 (as the case requires). 6. Certificates (1) For the purposes of section 25(3) of the Act, the certificate must in the form of Form 3 set out in the Schedule. (2) The prescribed fee for the purposes of section 25(3) of the Act is $70. __________________ r. 4 -- 3 of 8 -- S.R. No. 41/1999 House Contracts Guarantee Regulations 1999 3 SCHEDULE Regulation 5(1) Section 24(1)(a), 24(3) FORM 1 House Contracts Guarantee Act 1987 NOTICE TO APPROVED GUARANTOR OF ENTERING INTO A DOMESTIC BUILDING WORK CONTRACT OR SUPERVISION CONTRACT Domestic building work is to be carried out as follows: Location of Work: Municipal district: Nature of Work: Date of Contract: Contract Price: $ Name of Owner: Address of Owner: Name of Builder/Supervisor: Address of Builder/Supervisor: Approved Builder's/Supervisor's Number.: The work will be in accordance with a contract, A COPY OF WHICH IS ATTACHED. Signed: Date: _______________ Sch. -- 4 of 8 -- S.R. No. 41/1999 House Contracts Guarantee Regulations 1999 4 Regulation 5(2) Section 24(1)(c) FORM 2 House Contracts Guarantee Act 1987 NOTICE TO APPROVED GUARANTOR OF ENTERING INTO A CONTRACT FOR THE SALE BY AN APPROVED BUILDER OF A DWELLING-HOUSE BUILT BY THE APPROVED BUILDER The following dwelling-house is to be sold: Location: Municipal district: Guarantee Number: Name of Purchaser: Purchaser's Address: Date of Contract: Contract Price: $ Name of Builder: Address of Builder: Approved Builder's Number : The sale will be in accordance with a contract, A COPY OF WHICH IS ATTACHED. Signed: Date: _______________ Sch. -- 5 of 8 -- S.R. No. 41/1999 House Contracts Guarantee Regulations 1999 5 Regulation 6(1) Section 25(3) and (4) FORM 3 House Contracts Guarantee Act 1987 CERTIFICATE OF STATUS OF BUILDER/SUPERVISOR AND OF STATUS OF DOMESTIC BUILDING WORK PART A—STATUS OF *BUILDER/SUPERVISOR This is to certify that: (insert name of builder or supervisor) of (insert address of builder or supervisor) *is/is not approved as a builder or supervisor by the Approved Guarantor for the purposes of performing or supervising domestic building work of the following class or classes: (insert the class or classes of domestic building work which the builder or supervisor has approval to perform or supervise) Approved *builder's/supervisor's Number: Date on which *builder/supervisor approved: PART B—STATUS OF DOMESTIC BUILDING WORK This Part of the certificate relates to land at: in the municipal district of: and to the following domestic building work: (insert description of domestic building work) Sch. -- 6 of 8 -- S.R. No. 41/1999 House Contracts Guarantee Regulations 1999 6 1. (Insert name of approved builder or supervisor) of (insert address of approved builder or supervisor) *has/has not notified the Approved Guarantor of a proposal to: * enter into a domestic building work contract; * perform domestic building work; * enter into a contract of sale of a dwelling-house constructed by the builder; * enter into a supervision contract. 2. A guarantee *is/is not in force in relation to the domestic building work. Commencement Date: Expiry Date: Guarantee Number: 3. The builder *has/has not notified the Approved Guarantor of an application under section 27(3) of the Building Act 1993 for building approval to perform the domestic building work. 4. The Approved Guarantor: *has received a claim/has not received a claim *has paid the amount of $ under a guarantee in relation to the building to which this certificate relates. Signed: (to be signed by a person authorised by the approved guarantor) Date: * Delete if inapplicable ═══════════════ Sch. -- 7 of 8 -- S.R. No. 41/1999 House Contracts Guarantee Regulations 1999 7 NOTES 1 Reg 3(a): S.R. No. 117/1988. Reprinted to S.R. No. 417/1990. 2 Reg 3(b): S.R. No. 395/1988. 3 Reg 3(c): S.R. No. 417/1990. Notes -- 8 of 8 --