Housing Indemnity Regulations 2004

Housing Indemnity Regulations 2004

I, the Administrator 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 Housing Indemnity Act 1992 .

PETER G. UNDERWOOD

Administrator

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Housing Indemnity Regulations 2004 .

2.   Commencement

These regulations take effect on 1 January 2005.

3.   Interpretation

In these regulations –

Act means the Housing Indemnity Act 1992 ;

building permit has the same meaning as in the Building Act 2000 ;

permit authority has the same meaning as in the Building Act 2000 .

4.   Residential building

For the purposes of the definition of residential building in section 3 of the Act, the following classes of buildings are not residential buildings:

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

(b) a building designed to house more than 12 persons who are not all 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 each claim is not to exceed $500.

6.   Completion date for owner-built residential buildings

For the purposes of an insurance policy in relation to an owner-built residential building, the building work is completed on the earlier of the following days:

(a) the day on which a certificate of completion (building work) was issued under section 112 of the Building Act 2000 ;

(b) the two-year anniversary of the day on which the building permit was issued under section 72(1) of the Building Act 2000 .

7.   Insurer to provide copy of insurance policy

The insurer must provide a copy of a policy of insurance in respect 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 to notify

Within 14 days after the completion of any building work in accordance with any contract for that work, the builder must give written notice to the following people of the day that work was completed:

(a) the owner;

(b) the insurer;

(c) in the case of building work which is subject to a building permit, the permit 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 note on the insurance policy the day on which the building work was completed.

Penalty:  Fine not exceeding 20 penalty units.

10.   Exemption

The following building work is exempt from the application of section 11 of the Act:

(a) building work performed by, for or on behalf of an owner-builder;

(b) [Regulation 10 Amended by S.R. 2005, No. 23, Applied:01 Jul 2005] building work performed by, for or on behalf of the Crown.

(c) [Regulation 10 Amended by S.R. 2005, No. 23, Applied:01 Jul 2005] .  .  .  .  .  .  .  .  

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

Notified in the Gazette on 22 December 2004

These regulations are administered in the Department of Justice.