Residential Building Work Contracts and Dispute Resolution Regulations 2026
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Residential Building Work Contracts and Dispute Resolution Act 2016 .
26 October 2026CAROLINE WELLS
Governor
By Her Excellency's Command,
K. J. VINCENT
Minister for Housing and Planning
These regulations may be cited as the Residential Building Work Contracts and Dispute Resolution Regulations 2026 .
These regulations take effect on 2 November 2026.
In these regulations –Act means the Residential Building Work Contracts and Dispute Resolution Act 2016 .
4. Buildings that are not residential buildings
(1) For section 5(2)(i) of the Act, the following buildings are prescribed:(a) a building comprised of at least 3 residences situated directly one above the other;(b) a building designed as a residence for more than 12 persons who are not relatives of one another.(2) In this regulation –relative, of a person, means a person who –(a) is married to, or is in a significant relationship with, the first person, within the meaning of the Relationships Act 2003 ; or(b) is in a family relationship with the first person, within the meaning of that Act, including as a step-parent or step-child, or as a foster parent or foster child, of the first person; or(c) is a child of the spouse of a parent of the first person; or(d) is an aunt, uncle, niece or nephew of the first person; or(e) has a grandparent in common with the first person; or(f) is a parent or sibling of the spouse of the first person; or(g) is in a caring relationship with the first person, within the meaning of that Act; or(h) is of Aboriginal or Torres Strait Islander descent and is related to the first person according to kinship rules.
5. Structures, fixtures and fittings that are part of residential buildings
For section 5(4)(b) of the Act, the following things are prescribed:(a) electric vehicle chargers;(b) home batteries and inverters;(c) rooftop wind turbines;(d) satellite dishes;(e) solar panels.
6. Set amount in relation to deposits
For paragraph (a) of the definition of set amount in section 41(1) of the Act, the set amount of $50 000 is prescribed.
7. Infringement notice offences and penalties
For section 79 of the Act –(a) an offence against a provision of the Act specified in Schedule 1 is prescribed to be an infringement offence; and(b) the prescribed penalty payable under an infringement notice for that offence is the penalty specified opposite the relevant provision in that Schedule.
SCHEDULE 1 - Infringement notices
Item | Provision | Description | Penalty for body corporate (penalty units) | Penalty for individual (penalty units) | 1. | Fail to ensure contract in written form | 8 | 3 | 2. | Fail to ensure contract contains required matters | 8 | 3 | 3. | Fail to give owner copy of contract and consumer guide as required | 20 | 10 | 4. | Fail to ensure variations put into written form | 3 | 1 | 5. | Work performed before variation document signed | 3 | 1 | 6. | Fail to ensure variation document complies with formal requirements | 3 | 1 | 7. | Fail to ensure variation document signed | 3 | 1 | 8. | Fail to give owner copy of variation document | 10 | 5 | 9. | Fail to ensure written consent of building surveyor attached to variation document and that work not performed until attached | 3 | 1 | 10. | Fail to ensure authorisation obtained or amended, that copy attached to variation document and that work not performed until attached | 3 | 1 | 11. | Fail to give owner copy of consumer guide before entering into contract | 3 | 1 | 12. | Fail to give owner commencement notice | 3 | 1 | 13. | Demand or receive deposit exceeding certain amount | 20 | 10 | 14. | Demand or receive amount other than deposit or progress payment | 20 | 10 | 15. | Fail to give notice of practical completion to owner and person to whom certificate of likely compliance to be given | 3 | 1 | 16. | Fail to give owner defects document | 8 | 3 | 17. | Fail to take all reasonable steps to correct minor defect or minor omission | 8 | 3 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 October 2026
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations –(a) prescribe certain buildings not to be residential buildings for the purposes of the Residential Building Work Contracts and Dispute Resolution Act 2016 ; and(b) prescribe certain structures, fixtures and fittings that form part of, or are used for, a residential building; and(c) set an amount for the purposes of calculating the maximum deposit that may be demanded or received under a residential building work contract; and(d) prescribe certain offences as offences for which an infringement notice may be issued; and(e) are made consequent on the repeal of the Residential Building Work Contracts and Dispute Resolution Regulations 2016 under section 11 of the Subordinate Legislation Act 1992 .