Housing Indemnity Regulations 1993

Housing Indemnity Regulations 1993

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, hereby make the following regulations under the Housing Indemnity Act 1992 .

P. H. BENNETT

Governor

By His Excellency's Command,

FRANK MADILL

Minister for Consumer Affairs

1.   Short title

These regulations may be cited as the Housing Indemnity Regulations 1993 .

2.   Commencement

These regulations take effect on 1 July 1993.

3.   Interpretation

In these regulations –

Act means the Housing Indemnity Act 1992 ;

building approval means building approval granted in accordance with Part II of the Building Regulations 1978 .

4.   Residential building

For the purposes of section 3 of the Act, the following are not residential buildings:

(a) a building comprising 3 or more separate dwellings situated directly one above the other;

(b) a building designed to house more than 12 persons who are not members of the same family.

5.   Limitations on insurance

For the purposes of section 19(a) of the Act, the amount for which an insurer is not liable in respect of a claim is not to exceed $500.

6.   Completion date for owner-built residential building

In the case of an owner-built residential building the completion date for the purposes of an insurance policy in relation to the building is the earlier of the following dates:

(a) the date on which the building is completed in accordance with the Local Government Act 1962 ;

(b) the date 24 months after the day on which building approval was issued.

7.   Insurer to provide copy of insurance policy

The insurer must provide a copy of a policy of insurance of a residential building if requested to do so by the owner or the subsequent owner of the residential building.

Penalty:  Fine not exceeding 20 penalty units.

8.   Duties of builder

Within 14 days of the completion of any building work in accordance with any contract for that work, the builder must by notice in writing notify the following of the completion date:

(a) the owner;

(b) the insurer;

(c) the local authority, in the case of building work which is subject to building approval by a local authority.

Penalty:  Fine not exceeding 20 penalty units.

9.   Duties of insurer

On receipt of a notice referred to in regulation 8 in relation to a residential building, the insurer of the residential building must –

(a) note the completion date on the insurance policy; and

(b) notify the owner of the completion date.

Penalty:  Fine not exceeding 20 penalty units.

10.   Exemption

Building work performed by, for or on behalf of an owner-builder is exempt from the application of section 11 of the Act.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 June 1993

These regulations are administered in the Department of Justice.