{"id":"building-work-contractors-regulations-2011","name":"Building Work Contractors Regulations 2011","slug":"building-work-contractors-regulations-2011","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235256,"registerId":"sa-building-work-contractors-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building Work Contractors Regulations 2011","content":"South Australia\nBuilding Work Contractors Regulations 2011\nunder the Building Work Contractors Act 1995\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tDefinitions of building work etc (section 3 of Act)\n5\tExemptions\n6\tFees—waiver, reduction and refund\nPart 2—Licensed building work contractors\n7\tEntitlement to be licensed as building work contractor—qualifications (section 9 of Act)\n8\tAnnual fee and return (section 11 of Act)\n9\tNotification of change in circumstances\n10\tReturn etc of licence\nPart 3—Registered building work supervisors\n10A\tCertain people registered under other Acts taken to be registered\n11\tEntitlement to be registered as building work supervisor—qualifications (section 16 of Act)\n12\tAnnual fee and return (section 18 of Act)\n13\tNotification of changes in circumstances\n14\tReturn etc of certificate of registration\nPart 4—Requirements relating to domestic building work contracts\n14A\tRequirements for domestic building work contracts that contain a charging clause\n15\tForms\n16\tUnliquidated amounts under contracts (section 29(5) of Act)\n17\tAuthorised payments (section 30(1)(b) of Act)\n18\tLimitations on insurers' liability (section 35 of Act)\nSchedule 2—Performance criteria and kinds of work\nPart 1—Building work contractors licences performance criteria\n1\tBuilding work contractors licences performance criteria\nPart 2—Building work supervisors registration performance criteria\n2\tBuilding work supervisors registration performance criteria\nPart 3—Kinds of work\n3\tKinds of work\nSchedule 3—Forms\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Building Work Contractors Regulations 2011.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Building Work Contractors Act 1995.\n\t(2)\tFor the purposes of these regulations, a reference to a qualification, course or subject conferred or offered by a particular institution includes a reference to a qualification, course or subject of a different name conferred or offered by that institution and certified by that institution to be an equivalent qualification, course or subject.\n4—Definitions of building work etc (section 3 of Act)\n\t(1)\tFor the purposes of paragraph (c) of the definition of building work in section 3(1) of the Act, the following is building work:\n\t(a)\tthe on‑site construction, alteration, repair or improvement of a swimming pool or spa;\n\t(b)\tpaving;\n\t(c)\tfencing (excluding post and wire fencing);\n\t(d)\tthe installation, maintenance, repair and removal of insulation;\n\t(e)\tpainting a building or part of a building;\n\t(f)\tthe installation of air-conditioning in relation to a building;\n\t(g)\tthe installation of solar panels in relation to a building;\n\t(h)\tplumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995.\n\t(2)\tFor the purposes of paragraph (c) of the definition of domestic building work in section 3(1) of the Act, the following is domestic building work:\n\t(a)\tthe construction, alteration, repair or improvement of a swimming pool or spa within the external walls of a house, within the curtilage of a house or on the boundary of the curtilage of a house;\n\t(b)\tany other building work carried out within the curtilage of a house or on the boundary of the curtilage of a house;\n\t(c)\tthe installation, maintenance, repair and removal of insulation;\n\t(d)\tpainting a house or part of a house;\n\t(e)\tthe installation of air-conditioning in relation to a house;\n\t(f)\tthe installation of solar panels in relation to a house;\n\t(g)\tplumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995 in relation to a house.\n\t(3)\tFor the purposes of the definition of house in section 3(1) of the Act—\n\t(a)\tin relation to the period before 1 June 1996, house does not include a building not included within the meaning of that term under the repealed Builders Licensing Act 1986 or regulations made under that Act;\n\t(b)\tin relation to any period commencing on or after 1 June 1996, house does not include hotels, motels, youth hostels, residential camps, boarding or lodging houses, university halls of residence, boarding school dormitories, barracks, nurses homes or residential facilities for workers or for training purposes.\n\t(4)\tFor the purposes of paragraph (a) of the definition of minor domestic building work in section 3(1) of the Act, the prescribed sum is—\n\t(a)\tin respect of a domestic building work contract made before 15 October 2001—$5 000;\n\t(b)\tin respect of a domestic building work contract made on or after 15 October 2001 but before the prescribed day—$12 000;\n\t(c)\tin respect of a domestic building work contract made on or after the prescribed day—$20 000.\n\t(5)\tFor the purposes of paragraph (b) of the definition of minor domestic building work in section 3(1) of the Act, the prescribed sum is $20 000.\n\t(6)\tIn this regulation—\nprescribed day means the day on which the Building Work Contractors (Building Indemnity Insurance) Amendment Regulations 2025 come into operation.\n5—Exemptions\n\t(1)\tA person who is authorised by licence under the Plumbers, Gas Fitters and Electricians Act 1995 to carry on business as a gas fitting contractor or an electrical contractor is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995.\n\t(2)\tA person who is authorised by licence under the Plumbers, Gas Fitters and Electricians Act 1995 to carry on business as a plumbing contractor is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited—\n\t(a)\tto work authorised by the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995; or\n\t(b)\tif the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995 is not subject to conditions limiting the work that may be performed under the authority of the licence—to minor roof plumbing work.\n\t(3)\tA person who is authorised by licence under the Controlled Substances (Pesticides) Regulations 2003 to carry on business as a pest controller is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Controlled Substances (Pesticides) Regulations 2003.\n\t(4)\tA person who is authorised by a security agents licence or a restricted security agents licence to install or maintain security alarm or surveillance systems under the Security and Investigation Agents Act 1995 is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Security and Investigation Agents Act 1995.\n\t(5)\tThe following are exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor:\n\t(a)\tthe Minister responsible for the administration of the South Australian Housing Trust Act 1995;\n\t(b)\tSouth Australian Housing Trust.\n\t(6)\tThe South Australian Housing Trust and the Minister responsible for the administration of the South Australian Housing Trust Act 1995 are exempt from the application of Part 5 Division 3 of the Act.\n\t(7)\tRegistered architects are exempt from the application of section 18 of the Act.\n\t(8)\tA building work contractor is exempt from the application of Part 5 Divisions 1, 3 and 4 of the Act in relation to a contract for the performance of domestic building work consisting solely of demolition work.\n\t(9)\tA building work contractor is exempt from the application of Part 5 Division 3 of the Act in relation to—\n\t(a)\ta contract for the construction of a multi‑storey residential building in respect of the performance of domestic building work for the construction of that building;\n\t(b)\ta contract for the performance of domestic building work if the work is performed by a building work contractor as a contractor for the South Australian Housing Trust.\n\t(10)\tA building work contractor is exempt from the application of sections 28, 29 and 30 and Part 5 Division 4 of the Act in relation to a contract for the performance of domestic building work if—\n\t(a)\tthe work is performed by a building work contractor as a contractor for the South Australian Housing Trust or the Minister responsible for the administration of the South Australian Housing Trust Act 1995; or\n\t(b)\tthe building owner is a body corporate that is a public company within the meaning of the Corporations Act 2001 of the Commonwealth or that is a subsidiary within the meaning of the Corporations Act 2001 of the Commonwealth of such a public company.\n\t(11)\tThe Act does not apply to the installation, maintenance, repair or removal of a floating floor under a contract entered into on or after 1 April 2010.\n\t(12)\tThe Act does not apply to the installation, maintenance, repair or removal of carpet or of vinyl floor covering in circumstances in which it is not used for water proofing.\n\t(13)\tIn this regulation—\nfloating floor means a floor covering comprised of boards designed to be laid over a floor without being fixed to the floor;\nminor roof plumbing work means building work connected with the installation, renovation, replacement, alteration, repair or maintenance of flashings, guttering, downpipes, roof flashings or roof coverings on a building, where the cost of the work is less than $3 000;\nmulti‑storey residential building means a building that—\n\t(a)\thas a rise in storeys of more than 3; and\n\t(b)\tcontains 2 or more separate dwellings;\nstorey means a space within a building situated between 1 floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—\n\t(a)\ta space that contains only—\n\t(i)\ta lift shaft, stairway or meter room; or\n\t(ii)\ta bathroom, shower room, laundry, water closet or other sanitary compartment; or\n\t(iii)\taccommodation intended only for vehicles; or\n\t(iv)\ta combination of any of the facilities referred to in 1 or more of the above subparagraphs; or\n\t(b)\ta mezzanine.\n\t(14)\tFor the purposes of subregulation (13)—\n\t(a)\tthe cost of roof plumbing work is to be determined as if—\n\t(i)\tthe work were performed under a contract between the plumbing contractor and another person; and\n\t(ii)\tthe contract included the supply by the plumbing contractor of all materials necessary for the work; and\n\t(b)\tif a plumbing contractor and a person make an arrangement under which roof plumbing work at a site is to be performed in stages by the contractor, the cost of the roof plumbing work will be the sum of the cost of the work performed at each stage.\n6—Fees—waiver, reduction and refund\nThe Commissioner may waive, reduce or refund a fee (or part of a fee) prescribed for the purposes of the Act if satisfied that it is appropriate to do so in a particular case.\nPart 2—Licensed building work contractors\n7—Entitlement to be licensed as building work contractor—qualifications (section 9 of Act)\n\t(1)\tFor the purposes of section 9(1) of the Act, to be entitled to be granted a building work contractors licence authorising—\n\t(a)\tplumbing; or\n\t(b)\tgas fitting; or\n\t(c)\telectrical work,\n(as defined in the Plumbers, Gas Fitters and Electricians Act 1995), a natural person must have the same qualifications or experience, or qualifications and experience, as would be required for the person to be granted a licence under the Plumbers, Gas Fitters and Electricians Act 1995 for the kind of work that would be authorised by the building work contractors licence.\n\t(2)\tFor the purposes of section 9(1) of the Act, to be entitled to be granted a building work contractors licence authorising work other than work of a kind referred to in subregulation (1), a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in Schedule 2 Part 1 to the satisfaction of the Commissioner in relation to that kind of work.\n\t(3)\tThe kinds of work in relation to which qualifications or experience, or qualifications and experience, are to be determined by the Commissioner under subregulation (2) are to be as set out in Schedule 2 Part 3.\n\t(4)\tIf the kind of work to be authorised by the licence is—\n\t(a)\t—\n\t(i)\tplumbing; or\n\t(ii)\tgas fitting; or\n\t(iii)\telectrical work,\n(as defined in the Plumbers, Gas Fitters and Electricians Act 1995); and\n\t(b)\tin addition, other building work,\nthe person must have qualifications or experience, or qualifications and experience, such that the person meets the requirements of subregulations (1) and (2).\n8—Annual fee and return (section 11 of Act)\n\t(1)\tFor the purposes of section 11(2) of the Act, a licensed building work contractor must pay the fee and lodge the return on or before—\n\t(a)\tthe last day of the month in each year nominated in writing to the contractor by the Commissioner; or\n\t(b)\tif the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the contractor's licence was granted.\n9—Notification of change in circumstances\n\t(1)\tIf there is any change in—\n\t(a)\tthe residential address of a licensed building work contractor; or\n\t(b)\tthe business or trading name under which a licensed building work contractor carries on business; or\n\t(c)\tthe address at which a licensed building work contractor carries on business; or\n\t(d)\tthe address of the registered corporate office of a licensed building work contractor that is a body corporate,\nthe contractor must, within 14 days after that change, give written notice to the Commissioner of the new address or name (as the case may be).\nMaximum penalty: $2 500.\nExpiation fee: $160.\n\t(2)\tA licensed building work contractor must, within 14 days after ceasing to carry on business as a building work contractor, give written notice to the Commissioner of that fact.\nMaximum penalty: $2 500.\nExpiation fee: $160.\n\t(3)\tIf a person is appointed as a director of a body corporate that is a licensed building work contractor, the contractor must, within 14 days after the appointment—\n\t(a)\tnotify the Commissioner in the manner and form approved by the Commissioner of the appointment of the new director; and\n\t(b)\tprovide the Commissioner with any information required by the Commissioner for the purposes of determining whether the new director meets the requirements for directors under section 9(2) of the Act.\nMaximum penalty: $2 500.\nExpiation fee: $160.\n10—Return etc of licence\n\t(1)\tIf a building work contractor's licence is surrendered, suspended or cancelled, the contractor must, at the direction of the Tribunal or the Commissioner, return the licence to the Commissioner.\nMaximum penalty: $2 500.\nExpiation fee: $160.\n\t(2)\tIf, on an application under section 8 of the Act, a licence has been issued to a building work contractor but the fee payable in respect of the application has not been paid (whether because of the dishonouring of a cheque or otherwise), the contractor must, at the direction of the Commissioner, return the licence to the Commissioner.\nMaximum penalty: $2 500.\nExpiation fee: $160.\n\t(3)\tThe Commissioner may issue to a licensed building work contractor a licence in replacement of a current licence if satisfied that—\n\t(a)\tthe current licence has been lost, destroyed or damaged; or\n\t(b)\tany photograph of the contractor on the current licence should be replaced with a more recent photograph of the contractor; or\n\t(c)\tany particulars appearing on the current licence are incorrect.\n\t(4)\tIf the Commissioner issues to a licensed building work contractor a replacement licence, the contractor must, at the direction of the Commissioner, return the original (or previous duplicate) licence to the Commissioner.\nMaximum penalty: $2 500.\nExpiation fee: $160.\nPart 3—Registered building work supervisors\n10A—Certain people registered under other Acts taken to be registered\nThe building work supervisors registration of a person who is, under section 14(b) of the Act, taken to hold that registration for the purposes of Part 3 of the Act is limited to the supervision of the type of work for which the person is registered (without a condition requiring supervision or technical direction) under Part 3 of the Plumbers, Gas Fitters and Electricians Act 1995.\n11—Entitlement to be registered as building work supervisor—qualifications (section 16 of Act)\n\t(1)\tFor the purposes of section 16 of the Act, to be entitled to be granted registration as a building work supervisor authorising the supervision of—\n\t(a)\tplumbing; or\n\t(b)\tgas fitting; or\n\t(c)\telectrical work,\n(as defined in the Plumbers, Gas Fitters and Electricians Act 1995), a natural person must have the same qualifications or experience, or qualifications and experience, as would be required for the person to be granted registration under the Plumbers, Gas Fitters and Electricians Act 1995 for the kind of work that the building work supervisor's registration would authorise the person to supervise.\n\t(2)\tFor the purposes of section 16 of the Act, to be entitled to be granted registration as a building work supervisor authorising the supervision of work other than work of a kind referred to in subregulation (1), a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in Schedule 2 Part 2 to the satisfaction of the Commissioner in relation to that kind of work.\n\t(3)\tThe kinds of work in relation to which qualifications or experience, or qualifications and experience, are to be determined by the Commissioner under subregulation (2) are set out in Schedule 2 Part 3.\n\t(4)\tIf the kind of work that the registration would authorise the person to supervise is—\n\t(a)\t—\n\t(i)\tplumbing; or\n\t(ii)\tgas fitting; or\n\t(iii)\telectrical work,\n(as defined in the Plumbers, Gas Fitters and Electricians Act 1995); and\n\t(b)\tin addition, other building work,\nthe person must have qualifications or experience, or qualifications and experience, such that the person meets the requirements of subregulations (1) and (2).\n12—Annual fee and return (section 18 of Act)\n\t(1)\tFor the purposes of section 18(2) of the Act, a registered building work supervisor must pay the fee and lodge the return on or before—\n\t(a)\tthe last day of the month in each year nominated in writing to the building work supervisor by the Commissioner; or\n\t(b)\tif the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the building work supervisor's registration was granted.\n\t(2)\tHowever, a registered building work supervisor who is also a licensed building work contractor—\n\t(a)\tmust, instead of lodging the return as required by subregulation (1), lodge the return at the same time that he or she lodges a return under regulation 8; and\n\t(b)\tis, on payment of a fee under regulation 8, exempt from paying the fee referred to in subregulation (1).\n13—Notification of changes in circumstances\nIf there is any change in the name or residential address of a registered building work supervisor, the building work supervisor must, within 14 days after that change, give written notice to the Commissioner of the new name or address (as the case requires).\nMaximum penalty: $1 250.\nExpiation fee: $80.\n14—Return etc of certificate of registration\n\t(1)\tIf registration of a person as a building work supervisor is surrendered, suspended or cancelled, the building work supervisor must, at the direction of the Tribunal or the Commissioner, return the certificate of registration to the Commissioner.\nMaximum penalty: $1 250.\nExpiation fee: $80.\n\t(2)\tIf, on an application under section 15 of the Act, a certificate of registration has been issued to a building work supervisor but the fee payable in respect of the application has not been paid (whether because of the dishonouring of a cheque or otherwise), the building work supervisor must, at the direction of the Commissioner, return the certificate of registration to the Commissioner.\nMaximum penalty: $2 500.\nExpiation fee: $160.\n\t(3)\tThe Commissioner may issue to a registered building work supervisor a certificate of registration in replacement of a current certificate of registration if satisfied that—\n\t(a)\tthe current certificate has been lost, destroyed or damaged; or\n\t(b)\tany photograph of the building work supervisor on the current certificate should be replaced with a more recent photograph of the building work supervisor; or\n\t(c)\tany particulars appearing on the current certificate are incorrect.\n\t(4)\tIf the Commissioner issues to a registered building work supervisor a replacement certificate of registration, the building work supervisor must, at the direction of the Commissioner, return the original (or previous duplicate) certificate to the Commissioner.\nMaximum penalty: $2 500.\nExpiation fee: $160.\nPart 4—Requirements relating to domestic building work contracts\n14A—Requirements for domestic building work contracts that contain a charging clause\n\t(1)\tFor the purposes of section 28(1)(d) of the Act, a domestic building work contract that contains a charging clause must include the following information:\n\t(a)\tthat the clause seeks to establish an interest in the property to which the contract relates for which a right to lodge a caveat over the property will exist;\n\t(b)\tthat, in the event that a caveat is lodged over the property, the rights of the owner of the property to deal with the property and have such dealings registered in the Lands Titles Office will be restricted;\n\t(c)\tthat the interest in the property created by the clause entitles the building work contractor to apply to a court for the sale of the property for the purposes of recovering any debt that may be outstanding in relation to the contract;\n\t(d)\tthat the person entering into the contract is advised to seek independent legal advice in relation to the clause.\n\t(2)\tIn this regulation—\ncharging clause means a clause in a domestic building work contract that gives the building work contractor the party to the contract a legal right to lodge a caveat over the property on which the building work contractor is performing work under the contract.\n15—Forms\n\t(1)\tThe forms in Schedule 3 are prescribed for use for the purposes indicated in the form.\n\t(2)\tA form must—\n\t(a)\tcontain information and be completed as required or indicated by the form; and\n\t(b)\tnot contain any particulars or statements other than those required or indicated by the Act or these regulations; and\n\t(c)\tbe printed or typewritten in a type that is not smaller than 10 point Times New Roman font; and\n\t(d)\tnot include any printing or handwriting (other than a signature) that is not clear and legible.\n16—Unliquidated amounts under contracts (section 29(5) of Act)\n\t(1)\tFor the purposes of section 29(5)(a) of the Act, 15% is prescribed.\n\t(2)\tFor the purposes of section 29(5)(b) of the Act, a domestic building contract may include a provision entitling the building work contractor to recover, if the contract specifies an hourly rate of charge, the amount determined by applying the rate to the work actually performed.\n17—Authorised payments (section 30(1)(b) of Act)\nFor the purposes of section 30(1)(b) of the Act, the following payments are authorised:\n\t(a)\tpayments to a third party for engineering, drawing, surveying or other professional services;\n\t(b)\tpayments to reimburse the cost of building indemnity insurance or the amount of any fee required to be paid under an Act in respect of the work performed or to be performed under the contract;\n\t(c)\tin the case of a domestic work building contract made before 1 September 2011—a payment as a deposit of not more than $1 000;\n\t(d)\tin the case of a domestic building work contract made on or after 1 September 2011—\n\t(i)\tif the price stipulated in the contract for the performance of the building work is less than $20 000—a payment as a deposit of not more than $1 000;\n\t(ii)\tif the price stipulated in the contract for the performance of the building work is $20 000 or more—a payment as a deposit of not more than 5% of the price.\n18—Limitations on insurers' liability (section 35 of Act)\n\t(1)\tThe following are the only permissible limitations on the liability of the insurer under a policy of insurance under Part 5 Division 3 of the Act:\n\t(a)\ta limitation under which the insurer is not liable for the first $400 (or some stipulated lesser amount) of each claim;\n\t(aa)\tin relation to a policy entered into before the prescribed day—a limitation under which the total amount that the insurer is liable to pay in relation to building work or the non‑completion of building work by the building work contractor in respect of a single dwelling is fixed at not less than $80 000;\n\t(b)\tin relation to a policy entered into on or after the prescribed day—a limitation under which the total amount that the insurer is liable to pay in relation to building work or the non‑completion of building work by the building work contractor in respect of a single dwelling is fixed at not less than $250 000.\n\t(2)\tA policy of insurance under Part 5 Division 3 of the Act—\n\t(a)\tmust contain a clause allowing a claimant at least 90 days (from the date on which the claimant becomes aware of the grounds for the claim) in which to make the claim; and\n\t(b)\tmust not confer any right on the insurer to avoid liability on the ground of misrepresentation or non‑disclosure on the part of the building work contractor or on any similar ground.\n\t(3)\tIn this regulation—\nprescribed day means the day on which the Building Work Contractors (Building Indemnity Insurance) Amendment Regulations 2025 come into operation.\nSchedule 2—Performance criteria and kinds of work\nPart 1—Building work contractors licences performance criteria\n1—Building work contractors licences performance criteria\nRegulation 7(2) provides that for the purposes of section 9(1) of the Act, to be entitled to be granted a building work contractors licence, a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in the table below to the satisfaction of the Commissioner in relation to the kind of work to be authorised by the licence.\n\nUNIT\n1\nBusiness Management\nApplying the principles of business management in relation to a contracting business.\nELEMENT\nPERFORMANCE CRITERIA\n1.1\nApplying the principles of economics, finance and management of a business organisation.\n1.1.1\nPrepare and apply a business plan.\n\n\n1.1.2\nPrepare a cash flow budget.\n\n\n1.1.3\nImplement financial strategies.\n\n\n1.1.4\nApply basic accounting principles to financial transactions.\n\n\n1.1.5\nUnderstand and prepare—\n\t(a)\tjournals and ledgers;\n\t(b)\tbalance sheets and revenue statements.\n\n\n1.1.6\nAssess earning capacity and financial stability.\n\n\n1.1.7\nPrepare income and expenditure projections.\n\n\n1.1.8\nIdentify and use sources of costing information.\n\n\n1.1.9\nMonitor financial performance.\n1.2\nApplying appropriate legislation to address the administrative and legal requirements of a business organisation.\n1.2.1\nUnderstand the legal structures of a business.\n\n\n1.2.2\nUnderstand the significant features of the law relating to employment, dispute resolution procedures and professional liability.\n\n\n1.2.3\nDemonstrate a working knowledge of the law relating to occupational health and safety and workers compensation.\n\n\n1.2.4\nDemonstrate a working knowledge of the law relating to conservation of the environment.\n\n\n1.2.5\nDemonstrate a knowledge of the law relating to independent contractors.\n\n\n1.2.6\nUnderstand recording and maintenance of wage and employment records.\n\n\n1.2.7\nDemonstrate a working knowledge of mandatory taxes and insurances.\n\n\n1.2.8\nUnderstand basic contract administration.\n\n\n1.2.9\nUnderstand accident, injury and dangerous occurrence reports and obligations.\n1.3\nPlanning, directing and controlling tasks, people and resources in a business organisation.\n1.3.1\nDetermine and implement objectives and priorities of a business.\n\n\n1.3.2\nDetermine and implement operational strategies and methods.\n\n\n1.3.3\nPrepare estimates of time, resource and cost implications.\n\n\n1.3.4\nImplement work strategies.\n\n\n1.3.5\nOrganise work groups for specific tasks.\n\n\n1.3.6\nMonitor operational performance.\n\n\n1.3.7\nApply occupational health and safety standards within a business.\n\n\n1.3.8\nApply mechanisms for effective employer/employee relationships.\n1.4\nAddressing customer requirements.\n1.4.1\nIdentify customer requirements.\n\n\n1.4.2\nApply principles of business management to meet customer needs.\nUNIT\n2\nBuilding Work Management\nApplying the principles of building work to the operation of a contracting business.\nELEMENT\nPERFORMANCE CRITERIA\n2.1\nApplying the law relating to building work practice.\n2.1.1\nDemonstrate a working knowledge of contract law relevant to the building industry.\n\n\n2.1.2\nUnderstand the issues involved in the licensing and registration of builders.\n\n\n2.1.3\nApply the statutory requirements for the regulation of building work.\n\n\n2.1.4\nDemonstrate a knowledge of the application of Australian Standards relating to building work.\n\n\n2.1.5\nInterpret building specifications requirements.\n2.2\nPreparing and evaluating tenders.\n2.2.1\nEstimate costs.\n\n\n2.2.2\nEvaluate risks.\n\n\n2.2.3\nPrepare tender documentation.\n2.3\nDetermining required strategies, resources and operational requirements for construction.\n2.3.1\nDetermine resources that need to be hired, leased or purchased.\n\n\n2.3.2\nDetermine the best course of action from various options for obtaining and using resources.\n\n\n2.3.3\nDetermine the requirements for temporary structures and facilities.\n\n\n2.3.4\nPrepare schedules for building work.\n\n\n2.3.5\nUpdate progress schedules.\n\n\n2.3.6\nAssess the need for and select measures to overcome delays.\n2.4\nEstablishing and operating costing systems.\n2.4.1\nIdentify and classify costs.\n\n\n2.4.2\nPrepare a cost control system.\n\n\n2.4.3\nPrepare a project budget.\n\n\n2.4.4\nPlan the sequencing of trades.\n2.5\nApplying Contract Management.\n2.5.1\nSelect and apply the various standard forms of building contract in common use.\n\n\n2.5.2\nDetermine the requirements of the contract.\n\n\n2.5.3\nDemonstrate a knowledge of progress payments, contract claims and variations.\nPart 2—Building work supervisors registration performance criteria\n2—Building work supervisors registration performance criteria\nRegulation 11(2) provides that for the purposes of section 16 of the Act, to be entitled to be granted registration as a building work supervisor, a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in the table below to the satisfaction of the Commissioner in relation to the kind of work that the registration would authorise the person to supervise.\n\nUNIT\n1\nBuilding Work Management\nApplying the principles of building work management in relation to the supervision of a building site.\nELEMENT\nPERFORMANCE CRITERIA\n1.1\nPlanning and organising on‑site building work.\n1.1.1\nTranslate building designs and specifications into operational requirements.\n\n\n1.1.2\nDevelop strategies for implementing building operations.\n\n\n1.1.3\nDetermine appropriate resources required including personnel, materials and equipment.\n1.2\nDetermining the need for coordination and installation of temporary structures and facilities for building work.\n1.2.1\nDetermine the requirements for temporary structures and facilities.\n\n\n1.2.2\nDemonstrate a working knowledge of the most appropriate methods for provision of site facilities and preparation of detailed site layouts.\n\n\n1.2.3\nCoordinate the on‑site approvals of temporary structures.\n\n\n1.2.4\nArrange for and supervise the supply, erection, maintenance and removal of temporary structures and facilities.\n1.3\nPreparing project schedules.\n1.3.1\nPrepare schedules for building work.\n\n\n1.3.2\nUpdate schedules.\n\n\n1.3.3\nPrepare reports on current status.\n\n\n1.3.4\nAssess the need for and select measures to overcome delays.\n1.4\nManaging on‑site building work.\n1.4.1\nSupervise on‑site operations.\n\n\n1.4.2\nAdminister subcontracts.\n\n\n1.4.3\nAdminister progress claims.\n\n\n1.4.4\nOrganise the supply and installation of materials and equipment.\n\n\n1.4.5\nManage appropriate operational systems including occupational health and safety, accident and injury reporting, and industrial relations.\n\n\n1.4.6\nPlan, develop and oversee safe working systems for all site work.\n\n\n1.4.7\nCommunicate effectively with personnel on and off the site.\nUNIT\n2\nBuilding Technology\nApplying the principles of building technology to on‑site building work.\nELEMENT\nPERFORMANCE CRITERIA\n2.1\nApplying the principles of building work practice.\n2.1.1\nSelect and apply building principles and methods including—\n\t(a)\tappraisal of site conditions;\n\t(b)\terection and construction techniques;\n\t(c)\tsequencing of trades;\n\t(d)\tcontrol of plant and equipment.\n\n\n2.1.2\nDemonstrate a working knowledge of—\n\t(a)\tthe use of basic measuring techniques;\n\t(b)\tthe setting up and use of instruments to determine heights and levels;\n\t(c)\tdemolition methods;\n\t(d)\tformwork design.\n\n\n2.1.3\nInterpret plans and specifications.\n\n\n2.1.4\nProduce simple working drawings suitable for on‑site application.\n\n\n2.1.5\nIdentify and select suitable materials.\n\n\n2.1.6\nControl the movement of materials on‑site and their safe handling and storage.\n\n\n2.1.7\nApply a basic understanding of—\n\t(a)\tproperties and behaviours of structural materials;\n\t(b)\tsectional properties of structural elements;\n\t(c)\tstructural load calculations;\n\t(d)\tperformance of beams, columns and bracing;\n\t(e)\tutilisation of roof truss systems.\n\n\n2.1.8\nApply the basic principles of estimating and demonstrate a working knowledge of take‑off quantities for—\n\t(a)\tsite works;\n\t(b)\tstructure;\n\t(c)\tfit‑out and finish.\n\n\n2.1.9\nDemonstrate a general knowledge of the process of the coordination of specialist services on‑site.\nUNIT\n3\nLegislative requirements\nApplying a detailed knowledge of legislative requirements in respect of on‑site building work.\nELEMENT\nPERFORMANCE CRITERIA\n3.1\nApplying the requirements of legislation, standards and codes relevant to on‑site building work.\n3.1.1\nIdentify the range of legislation applying to building work.\n\n\n3.1.2\nApply the requirements of legislation and relevant standards and codes to the coordination and supervision of on‑site building work.\n\n\n3.1.3\nUnderstand the requirements of relevant legislation, standards and codes to the performance of residential, commercial and industrial building work.\nPart 3—Kinds of work\n3—Kinds of work\nRegulations 7(3) and 11(3) provide that the kinds of work in relation to which qualifications or experience, or qualifications and experience, are to be determined by the Commissioner are to be as follows:\n\t(a)\tAny building work\nAny commercial, industrial, residential and other building work.\n\t(b)\tLight commercial/industrial and residential building work\nDivided into the following kinds of building work:\n\t(i)\tBuilding work limited to—\n\t(A)\thouses not exceeding 3 storeys; and\n\t(B)\tother buildings not exceeding 2 storeys.\n\t(ii)\tBuilding work limited to—\n\t(A)\thouses not exceeding 3 storeys; and\n\t(B)\tother buildings of a single storey.\n\t(iii)\tBuilding work limited to additions and alterations to buildings of any kind.\n\t(c)\tResidential building work\nDivided into the following kinds of building work:\n\t(i)\tBuilding work limited to houses not exceeding 3 storeys.\n\t(ii)\tBuilding work limited to houses of a single storey.\n\t(iii)\tBuilding work limited to additions and alterations to houses.\n\t(d)\tOther specified building work\nDivided into the following kinds of building work:\n\t(i)\tOther specified building work.\n\t(ii)\tOther specified building work to be performed only—\n\t(A)\ton a subcontract basis for a licensed building work contractor; or\n\t(B)\tas a principal contractor working on a building project in association with other building work contractors where the building work comprised in the project is organised or supervised or both by a project manager who is a licensed building work contractor or a registered building work supervisor authorised to organise or supervise work of all of the kinds comprised in the project.\nSchedule 3—Forms\nForm 1—Notice under section 28(1)(f) of Building Work Contractors Act 1995\nYOUR BUILDING CONTRACT: YOUR RIGHTS AND OBLIGATIONS\nThis notice contains important information about your rights and obligations. You should read it carefully and keep it for future reference. \nYour domestic building work contract is a binding legal agreement. You have rights and obligations under the agreement. You also have certain rights guaranteed under the Building Work Contractors Act 1995 in relation to the agreement. In particular, you have certain \"cooling off\" rights, which may enable you to cancel your contract if you are not satisfied with it, and you act quickly.\n1—What does the Act require?\nYou must have a written contract with your building work contractor, setting out all the terms and conditions of your agreement. You must be given a copy of the signed contract, together with a copy of this notice. Both documents must be readily legible.\n2—What are my \"cooling off\" rights?\nYou may cancel your building contract, if you act before the \"prescribed time\".\nIf you wish to cancel, you must give your building work contractor written notice of your intention not to be bound by the contract. You must serve that notice on the building work contractor either personally or by certified mail in an envelope addressed to the contractor.\nYou must do this—\n\t(a)\tbefore 5 clear business days have expired after the making of the contract; or\n\t(b)\tif your building work contractor has not complied with relevant provisions of the Act, before the contractor completes the building work under the contract.\nCancellation is a serious step and should not be taken lightly. You may need to seek legal advice, or the advice of the Office of Consumer and Business Affairs, before exercising this right of cancellation. Wherever possible, you should first discuss your problem with the building work contractor.\n3—What should I do?\nFirst, read this notice carefully. Then read the documents that you have signed. If you are not happy about any aspect, or have any questions, then ask your building work contractor to explain. If you are not satisfied with the explanation you have received, then seek advice from a lawyer or from the Office of Consumer and Business Affairs.\n4—Is there anything I should look for in particular?\nMost importantly, check to see that the work you want your building work contractor to do has been fully and accurately set out in the contract (including the plans and specifications). Do not rely on verbal promises or agreement. If you want to change the work to be done at a later stage, you will have to reach agreement with your building work contractor, and your contractor will usually be entitled to make a separate, additional charge as a variation to your contract. Not checking now could be very expensive.\n5—What about the price I have been quoted? Can it change?\nSome building contracts provide for a \"fixed price\". Others include a \"rise and fall\" clause. If your contract includes a rise and fall clause, then the price you have been quoted (even if it is referred to in your contract) will most probably NOT be the total amount you will have to pay. Your contract price can also change due to any variations to the building work in accordance with your contract.\nNote—\nMost variations require your written approval in advance, but others may be unforeseen. You should refer to your particular contract. Certain items in your contract may be designated \"prime cost\" or \"provisional sums\", which may also lead to a change in the total sum you can be charged.\nIf your contract includes a rise and fall clause, or other provisions as a result of which a price set out in your contract may change, or is an estimate only, then the contract must contain \"THIS PRICE MAY CHANGE\" or \"ESTIMATE ONLY\" adjacent to the price subject to change. If there is more than one such price, then they must be set out in a single list in the contract.\nThose prices that are only estimates must be fair and reasonable estimates.\n6—What is a rise and fall clause?\nA rise and fall clause entitles your building work contractor to pass onto you increases (or reductions) in the cost of performing your building work after you have signed your contract, whether those costs relate to labour (including relevant overhead) or materials.\nThe formulae used in building contracts to determine the amount of the additional costs that can be passed on to you vary. Check your contract carefully. If you have any questions, ask your building work contractor to explain, or seek advice.\n7—What are \"prime cost\" items?\nYour building work contract may include the supply of certain goods and services, eg kitchen stoves, bathroom tiling. These items may be designated \"prime cost\", so that if the standard of goods you select is higher than that provided for by your building work contractor, then you may have to pay an additional cost over and above that provided for, plus a surcharge, which may be up to 15% of the cost of the item.\n8—What are \"provisional sums\"?\nThese are amounts your building work contractor has determined as \"best estimates\" of the cost of doing certain building work under your contract.\nFor example, if your building site slopes and no contour survey has been carried out, your building work contractor may not be able to prepare a final price for the earthworks needed to provide a level site for your domestic building work. The building work contractor may include an estimated figure which is subject to change when a survey plan is provided. That estimated figure is a \"provisional sum\".\nProvisional sums must be fair and reasonable estimates in the circumstances in which they are provided.\n9—What is a charging clause?\nA charging clause in a building work contract is a clause that gives your building work contractor the right to lodge a caveat over the property on which the building work contractor is performing building work under the contract. If a caveat is lodged over the property, you (as owner of the property) may be restricted from dealing with and registering dealings with the property at the Land Titles Office.\nThe interest created by the clause would entitle your building work contractor to apply to the court for the sale of the property to recover any debt owed by you for building work performed under the contract.\nCheck your contract carefully, and, if you are not certain about whether your building work contract contains a charging clause or the implications of a charging clause, you should seek independent legal advice.\n10—Are there any special problems with package land and building deals?\nYes.\nIf you have entered into a package deal for land and building work, then it is likely you have signed a number of documents. The information contained in this notice relates only to the domestic building work contract you have signed. It does not apply to your contract for the purchase of land, which is subject to different rules. You probably have less time to consider those documents than your building contract.\nBe particularly careful about package deals where your building work contractor is unable to start work immediately because necessary approvals have not been granted, or services connected, or legal titles granted. Your building work contractor may be entitled to make additional charges arising from delays which are the fault of neither yourself or the contractor. If in doubt, talk to your building work contractor or seek advice.\n11—What other rights do I have?\nThe Act implies certain warranties on the part of your building work contractor, and these apply regardless of what your contract says.\nThese warranties are as follows:\n\t(a)\tyour building work must be performed in a proper manner to accepted trade standards and in accordance with the agreed plans and specifications; and\n\t(b)\tthe materials supplied by the building work contractor will be good and proper materials; and\n\t(c)\tthe building work will be performed in accordance with all statutory requirements; and\n\t(d)\tunless the contract stipulates a period within which the work must be completed—the work will be performed with reasonable diligence; and\n\t(e)\tif your contract is for the construction of a house—the house will be reasonably fit for human habitation; and\n\t(f)\tif you have made known to your building work contractor the purpose for which the work is required, or the result you want to achieve in a way that demonstrates that you are relying on your contractor's skill and judgment, then your contractor warrants that the work and the materials will be fit for your purposes, or of a nature and quality that they might reasonably be expected to achieve that result.\nIf your building work contractor does work or provides materials which do not comply with those warranties, then your rights have been infringed, and you may have a right to take legal action before the courts. If you are not satisfied, talk to your building work contractor. If you are still not satisfied, seek advice from a lawyer or the Office of Consumer and Business Affairs.\n12—What about building indemnity insurance?\nYour building work contractor must take out a policy of building indemnity insurance before work commences. The insurance protects you from some of the losses you may suffer if your building work contractor dies, disappears or becomes insolvent. Your building work contractor must provide you with a copy of the certificate of insurance. Keep it for your protection.\nImportant note—\nFrom 1 September 2002, building work contractors have not been required to take out a policy of building indemnity insurance in respect of contracts for the construction of multi‑storey residential buildings.\n(A multi‑storey residential building is a building that has a rise in storeys of more than 3 and contains 2 or more separate dwellings. A storey does not include a mezzanine or a space within a building if it is intended that the space contain only a lift shaft, stairway, meter room, laundry, bathroom, shower room, water closet, car park or combination of any of the above.)\n13—Am I obliged to pay a deposit in advance of work done?\nAs a general rule, your building work contractor is entitled only to genuine progress payments for work done. Your building work contractor may ask you to pay in advance for money that has to be paid to a third party (eg a council for planning approval, building indemnity insurance or to an engineer or surveyor for a report). Apart from money in advance for such fees, the law prohibits the taking of any deposit on a domestic building work contract in excess of $1 000, or if the contract price is over $20 000, 5% of the contract price. If in doubt, seek advice before making any payments.\n14—When should I make a progress payment?\nThe law requires that your building work contractor make a written demand for a progress payment, so payment should not be made without such a demand. Progress payments should not be made in advance of the performance of the building work to which the demand relates. If you have borrowed money from a recognised lending institution, it is likely to make progress payments on your behalf.\n15—What if I have a dispute with my building work contractor?\nFirst, talk to your building work contractor. Many potentially serious disputes can be avoided by good communication between building owner and contractor. Your contract may have clauses relevant to dispute resolution which may assist both parties in resolving the dispute.\nIf that does not work, you may need independent advice. You may wish to seek legal advice, or the advice of the Office of Consumer and Business Affairs. Some disputes can be resolved by negotiation. Others can only be resolved by legal proceedings, whether before the courts or by private arbitration as provided in many building contracts.\nBefore commencing any legal action over building work, you should seek advice from a lawyer or from the Office of Consumer and Business Affairs.\n16—Where should I go for advice?\nFirst, talk to your building work contractor. If you want or need independent advice about your building work contract, talk to a lawyer or the Office of Consumer and Business Affairs. A list of lawyers appears in the telephone directory under the heading of \"Solicitors\".\nForm 2—Building indemnity insurance certificate\nBuilding Work Contractors Act 1995, section 34\nCertificate No:\nA policy of insurance that complies with Part 5 Division 3 of the Building Work Contractors Act 1995 has been issued as follows:\nName of insurer:\nName of building owner:\nBrief description of domestic building work:\nAddress or description of premises at which work to be carried out:\nName of building work contractor:\nLicence number of building work contractor:\nSignature of employee or agent of the insurer:\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Building Work Contractors Regulations 2011 revoked the following:\nBuilding Work Contractors Regulations 1996\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2011\n197\nGazette 18.8.2011 p3496\n1.9.2011: r 2\n2012\n109\nGazette 31.5.2012 p2430\n1.7.2012: r 2\n2013\n89\nGazette 6.6.2013 p2197\n1.7.2013: r 2\n2014\n111\nGazette 19.6.2014 p2592\n1.7.2014: r 2\n2015\n65\nGazette 18.6.2015 p2563\n1.7.2015: r 2\n2015\n221\nGazette 29.10.2015 p4749\n21.11.2015: r 2\n2016\n114\nGazette 23.6.2016 p2303\n1.7.2016: r 2\n2017\n88\nGazette 22.6.2017 p2229\n1.7.2017 immediately after 129/2017: r 2\n2017\n129\nGazette 22.6.2017 p2345\n1.7.2017: r 2\n2018\n140\nGazette 21.6.2018 p2381\n1.7.2018: r 2\n2019\n77\nGazette 13.6.2019 p1873\n1.7.2019: r 2\n2020\n15\nGazette 27.2.2020 p445\n4.5.2020: r 2\n2020\n95\nGazette 4.6.2020 p2900\n1.7.2020: r 2\n2025\n58\nGazette 10.7.2025 p2493\n10.11.2025: r 2\n2025\n106\nGazette 16.10.2025 p4063\n10.11.2025 immediately after 58/2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2012\nr 4\n\n\nr 4(1)\nvaried by 221/2015 r 4(1)\n21.11.2015\nr 4(2)\nvaried by 221/2015 r 4(2)\n21.11.2015\nr 4(4)\namended by 58/2025 r 3(1)\n10.11.2025\nr 4(5)\namended by 58/2025 r 3(2)\n10.11.2025\nr 4(6)\ninserted by 58/2025 r 3(3)\n10.11.2025\nr 6\nsubstituted by 95/2020 r 4\n1.7.2020\nPt 2\n\n\nr 8\n\n\nr 8(2)\ndeleted by 88/2017 r 4\n1.7.2017\nr 10\n\n\nr 10(1)\nvaried by 15/2020 r 4\n4.5.2020\nPt 3\n\n\nr 10A\ninserted by 221/2015 r 5\n21.11.2015\nr 12\n\n\nr 12(3)\ndeleted by 88/2017 r 5\n1.7.2017\nr 14\n\n\nr 14(1)\nvaried by 15/2020 r 5\n4.5.2020\nPt 4\n\n\nr 14A\ninserted by 221/2015 r 6\n21.11.2015\nr 18\n\n\nr 18(1)\namended by 58/2025 r 4\n10.11.2025\n\namended by 106/2025 r 3(1), (2)\n10.11.2025\nr 18(3)\ninserted by 106/2025 r 3(3)\n10.11.2025\nSch 1 before substitution by 140/2018\nsubstituted by 109/2012 r 4\n1.7.2012\n\nsubstituted by 89/2013 r 4\n1.7.2013\n\nsubstituted by 111/2014 r 4\n1.7.2014\n\nsubstituted by 65/2015 r 4\n1.7.2015\n\nvaried by 221/2015 r 7(1), (2)\n21.11.2015\n\nsubstituted by 114/2016 r 4\n1.7.2016\n\nsubstituted by 129/2017 r 4\n1.7.2017\ncl 4\ndeleted by 88/2017 r 6(1)\n1.7.2017\ncl 9\ndeleted by 88/2017 r 6(2)\n1.7.2017\nSch 1\nsubstituted by 140/2018 r 4\n1.7.2018\n\nsubstituted by 77/2019 r 4\n1.7.2019\n\ndeleted by 95/2020 r 5\n1.7.2020\nSch 3\n\n\nForm 1\n\n\ncl 9\ninserted by 221/2015 r 8(1)\n21.11.2015\ncll 10—16\ncll 9—15 redesignated as cll 10—16 by 221/2015 r 8(2)\n21.11.2015\nSch 4\nomitted under Legislation Revision and Publication Act 2002\n1.7.2012\nHistorical versions\n1.7.2012\n\n1.7.2013\n\n1.7.2014\n\n1.7.2015\n\n21.11.2015\n\n1.7.2016\n\n1.7.2017\n\n1.7.2018\n\n1.7.2019\n\n4.5.2020\n\n1.7.2020\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have been amended over time in ways that materially change the scope of what the regime covers and the level of protection provided. Notable scope changes include: (1) staged increases in the monetary thresholds that define \"minor domestic building work\" (reg 4(4)–(5)), which changes which contracts are subject to the full domestic building protections; (2) changes to building‑indemnity insurance rules, raising the minimum insurer liability for single‑dwelling claims for policies entered on or after a later \"prescribed day\" (reg 18(1)(aa)/(b)), which alters the quantum of cover available to owners; and (3) the insertion of explicit consumer disclosure requirements for charging clauses (reg 14A), which imposes new obligations on contractors and affects owners’ legal exposure. Together these amendments do more than tweak administrative detail — they alter who must obtain insurance, which contracts fall within or outside comprehensive regulation, and what contractors must disclose to owners."},"complexity_factors":["Multiple temporal thresholds and staged monetary values (reg 4(4)–(5): pre‑2001, 2001–prescribed day, and post‑prescribed day bands).","Numerous exemptions and conditional exceptions in a single regulation (reg 5(1)–(14)), including carve‑outs tied to other Acts.","Extensive cross‑references to other statutes (Plumbers, Gas Fitters and Electricians Act 1995; Security and Investigation Agents Act 1995; Controlled Substances (Pesticides) Regulations 2003; Corporations Act 2001).","Schedule 2 contains detailed competency/performance criteria across multiple units and elements (roughly 2 main units for contractors and 3 units for supervisors, with many sub‑elements — c. 70+ discrete performance items).","Insurance rules vary by date (reg 18 distinguishes policies entered before and on/after a later \"prescribed day\") and include multiple constraints (permitted deductible, minimum insurer liability, 90‑day claim window, prohibition on certain avoidance grounds).","Multiple penalty levels and expiation fees for different breaches (e.g. $2,500/$1,250 and $160/$80 expiation depending on the obligation).","Commissioner discretion appears in several operational places (fee waivers/reg 6; assessment of equivalence and satisfaction of performance criteria regs 7(2), 11(2); nomination of return month reg 8).","Detailed form and formatting requirements (Schedule 3; reg 15 prescribes content, font size and legibility), creating procedural precision and potential for technical non‑compliance.","Interlocking application rules (e.g. where a licence or registration covers plumbing/gas/electrical work plus other work, both sets of requirements apply — regs 7(4), 11(4))."],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- They set out detailed rules that give effect to the Building Work Contractors Act 1995 (the Act). The regulations define what counts as \"building work\" and \"domestic building work\", prescribe who is exempt, set qualification and performance standards for licences and registrations, fix procedural requirements (fees, returns, notices, forms), and regulate aspects of domestic building contracts and building‑indemnity insurance. (See regs 4, 5, 7–13, 14A, 16–18 and Schedules.)\n\n- Key operational rules include:\n  - A list of specific activities treated as building work or domestic building work (swimming pools/spas, paving, fencing (not post‑and‑wire), insulation work, painting, air‑conditioning, solar panels, and plumbing/gas/electrical work as defined by the Plumbers, Gas Fitters and Electricians Act 1995). (Reg 4(1)–(2).)\n  - Monetary thresholds for what counts as \"minor domestic building work\" (different historic bands and a further increase on the \"prescribed day\"). (Reg 4(4)–(5).)\n  - Multiple exemptions from the requirement to hold a building work contractor licence — notably for people licensed under other industry Acts (plumbers/gas/electricians, pest controllers, security agents), registered architects, and for the South Australian Housing Trust in various contexts. (Reg 5.)\n  - Qualifications for licences (contractor) and registrations (supervisor): for plumbing/gas/electrical work the regulations refer to the same qualifications as under the Plumbers, Gas Fitters and Electricians Act 1995; for other work the Commissioner must be satisfied the person meets the performance criteria in Schedule 2. (Regs 7 and 11; Schedule 2.)\n  - Annual fee and return timing rules, and notification obligations where addresses, trading names, directors or business status change, with specified penalties and expiation fees for non‑compliance. (Regs 8–9, 12–13.)\n  - Rules on surrender/return or replacement of licences and certificates of registration, and Commissioner discretion to replace documents. (Regs 10 and 14.)\n  - Requirements for domestic building work contracts that include a \"charging clause\" (a clause allowing the contractor to create an interest enabling a caveat): the contract must include prescribed warnings and an advice to seek independent legal advice. (Reg 14A.)\n  - Limits on deposits and authorised advance payments under domestic building contracts (including separate rules for contracts before/after 1 Sept 2011). (Reg 17.)\n  - Prescribed approach to calculating unliquidated amounts and an explicit 15% figure in one context. (Reg 16.)\n  - Minimum and permissible limits on insurer liability for building indemnity insurance, time allowed to lodge a claim (at least 90 days from awareness), and a prohibition on insurer avoidance for misrepresentation/non‑disclosure by the contractor in certain circumstances; the regulations distinguish policies entered before and after a later \"prescribed day\". (Reg 18.)\n  - Prescribed forms (Schedule 3) including the consumer notice that must accompany domestic contracts and a certificate of building indemnity insurance. (Schedule 3.)\n\n**Who is affected**\n\n- Building work contractors and people who wish to be licensed as building work contractors — they must meet qualification or performance criteria, pay fees, lodge returns and comply with licensing conditions (Regs 7–10; Schedule 2).\n- Registered building work supervisors — similar qualification and notification obligations (Regs 10A, 11–14; Schedule 2).\n- Tradespeople licensed under related Acts (plumbers, gas fitters, electricians, pest controllers, security agents) — the regulations create specific carve‑outs / exemptions but limit the scope of their permitted work to what their other licences authorise (Reg 5).\n- Domestic building owners — the regulations limit deposits and progress payments, impose disclosure requirements where a contractor seeks security over title (charging clause), and require contractors to hold building indemnity insurance in specified circumstances (Regs 14A, 16–18; Schedule 3 Form 1).\n- Insurers — the regulations fix permitted limitation clauses, minimum aggregate payments for claims (different before/after the prescribed day), and claim timing and avoidance rules (Reg 18).\n- The Commissioner (the regulator) and the Tribunal — the Commissioner has significant decision and discretion: assessing whether applicants meet performance criteria, nominating annual return months, waiving/reducing/refunding fees, and directing return of licences/certificates (Regs 6–8, 10, 11, 12). \n\n**Why it matters (stated purpose and how that plays out in practice)**\n\n- The stated purpose in these regulations is to implement the Act's licensing, consumer‑protection and insurance regime for building work contractors. Mechanically, that means setting definitions, prescribing entry standards (or recognising equivalent licences), controlling advance payments, requiring certain insurance protections, and mandating contract disclosures.\n\n- Practical effects and trade‑offs to note (with section citations):\n  - Compliance costs and behaviour: Contractors must demonstrate competency (Schedule 2) and keep administrative records, pay fees and renewals, and meet notification duties (Regs 7–9, 11–13). This increases ongoing compliance costs and may raise barriers to entry for small operators who must meet the performance criteria or rely on recognised trade licences. The Commissioner’s role in satisfaction testing makes licensing partly discretionary (Regs 7(2), 11(2)).\n  - Insurance and risk allocation: Reg 18 sets minimum insurer exposure for single‑dwelling claims (historically $80,000; changed for policies entered on/after the later \"prescribed day\" to $250,000). That materially affects the protection available to homeowners and the premiums or availability of cover for contractors (Reg 18(1)(aa)/(b)). The regulations also limit insurers’ ability to deny claims on contractor non‑disclosure (Reg 18(2)(b)), shifting some risk onto insurers and allowing owners stronger claim rights.\n  - Concentrated vs. diffuse effects: The South Australian Housing Trust receives a suite of exemptions (Reg 5(5)–(6), (9)–(10)), which reduces obligations and costs for that public body and contractors working for it; by contrast, individual homeowners gain consumer protections (deposits limits, disclosure, implied warranties noted in the consumer notice form). The immediate fiscal burden (regulatory or compliance costs) falls mainly on contractors and insurers; benefits to owners are diffuse but legally enforceable in contracts or via claims.\n  - Substitution and scope interactions with other licensing regimes: The regulations allow people licensed under the Plumbers, Gas Fitters and Electricians Act 1995 (and other laws) to be exempt from the building work contractor licence for the work their other licences cover, reducing duplication but requiring close calibration between regimes (Reg 5). This pushes specialised contractors to rely on their trade licences rather than the building work contractor licence for certain activities.\n  - Consumer information and contract terms: Reg 14A and Schedule 3 Form 1 require explicit notification about charging clauses (caveats) and cooling‑off rights; that changes bargaining positions and reduces information asymmetry before work starts. It also raises the transaction cost for contractors who want to include security terms in contracts (Reg 14A).\n  - Regulatory discretion and implementation risk: The Commissioner has latitude to certify equivalences of qualifications, waive fees, set the month for returns, and determine whether applicants satisfy the performance criteria (Regs 3(2), 6, 8(1)(a), 7(2) and 11(2)). Those powers are necessary for administration but create scope for inconsistent decisions unless exercised with clear guidance.\n\n**Concrete section pointers for practitioners and businesses**\n\n- If you do plumbing, gas or electrical work: check whether the Plumbers, Gas Fitters and Electricians Act 1995 licences satisfy the building work contractor/ supervisor requirements (Regs 4, 5, 7(1), 11(1), 10A).\n- If you enter domestic building contracts: ensure deposit and progress payment clauses meet Reg 17; if you include a charging clause, include the precise warnings listed in Reg 14A and provide the consumer notice (Schedule 3 Form 1).\n- Insurers and contractors should note the insurer liability floors, permitted deductibles and the 90‑day claim period set out in Reg 18.\n\n**Short note on legal interactions**\n- The regulations cross‑refer to multiple other statutes and instruments (notably the Plumbers, Gas Fitters and Electricians Act 1995, Security and Investigation Agents Act 1995, Controlled Substances (Pesticides) Regulations 2003, and the Corporations Act 2001). Those cross‑references determine who is exempt, who is taken to be registered, and what qualifications are required (Regs 3(2), 4, 5, 7, 11, 10A)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — no legislative text was available for analysis. The page returned a website error rather than the content of the regulations."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess true complexity without the substantive content of the regulations","Score of 2 reflects only what is generically known about this type of subordinate licensing regulation, not a full analysis","Regulations of this type typically involve cross-referencing with the parent Act (Building Work Contractors Act 1995), adding moderate complexity in practice"],"plain_english_summary":"The Building Work Contractors Regulations 2011 (SA) set rules under the Building Work Contractors Act 1995 governing who may carry out paid building, renovation or repair work in South Australia. They spell out licensing, insurance, fees and conduct expectations for contractors and supervisors.\n\nThey matter to anyone who builds or hires builders in SA: they determine legal compliance, consumer protections and the conditions for obtaining or renewing a contractor’s licence."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond simple licensing administration. Originally likely intended to set basic fees and forms, they now encompass: detailed competency standards for contractors and supervisors (Schedule 2); extensive consumer protection mechanisms for domestic building contracts including cooling-off periods, deposit limits, and mandated contract terms; complex insurance requirements with varying coverage levels; and numerous exemptions creating a patchwork regulatory framework. The inclusion of detailed 'performance criteria' essentially creates a vocational education framework within subordinate legislation, and the 2025 amendments (referenced but not yet in force) indicate continued expansion into areas like increased insurance coverage ($80,000 to $250,000) and adjusted monetary thresholds."},"complexity_factors":["Multiple cross-references to the parent Building Work Contractors Act 1995 and other legislation (Plumbers, Gas Fitters and Electricians Act 1995, Controlled Substances (Pesticides) Regulations 2003, Security and Investigation Agents Act 1995)","Nested conditional logic in exemptions (regulation 5) with multiple sub-conditions and defined terms like 'minor roof plumbing work' and 'multi-storey residential building'","Temporal distinctions—different rules apply depending on when contracts were made (before/after 15 October 2001, before/after 1 September 2011, before/after 'prescribed day' in 2025)","Dual-track qualification system—different rules for plumbing/gas/electrical work versus other building work","Detailed performance criteria in Schedule 2 with units, elements, and specific performance criteria (business management, building work management, building technology, legislative requirements)","Multiple penalty provisions with varying amounts ($1,250 vs $2,500) and expiation fees","Complex definitions of 'building work' and 'domestic building work' that expand the scope of the parent Act","Insurance provisions with tiered liability limits ($80,000 vs $250,000) depending on policy date"],"plain_english_summary":"These regulations set out the detailed rules for how building contractors and supervisors operate in South Australia. They cover:\n\n**Who needs a licence:**\n- Anyone doing building work (construction, renovations, plumbing, electrical, painting, fencing, etc.) generally needs a licence as a 'building work contractor'\n- There are exemptions for licensed plumbers, gas fitters, electricians, pest controllers, and security system installers—but only for work covered by their specific licences\n- The South Australian Housing Trust and its Minister are exempt\n\n**Two types of registration:**\n1. **Building work contractors**—the businesses or individuals who contract to do building work\n2. **Building work supervisors**—the people who actually supervise building sites (can be the same person)\n\n**What the rules cover:**\n- **Qualifications:** Detailed performance criteria for getting licensed, including business management skills, building technology knowledge, and legal requirements\n- **Fees and paperwork:** Annual fees, returns (reports), and requirements to notify the Commissioner of address or business name changes within 14 days\n- **Domestic building contracts:** Special protections for homeowners, including:\n  - Cooling-off periods (5 business days to cancel)\n  - Limits on deposits ($1,000 or 5% for contracts over $20,000)\n  - Rules about 'rise and fall' clauses (price increases), 'prime cost' items, and 'provisional sums'\n  - Mandatory warnings about 'charging clauses' (which let builders lodge caveats—legal claims—over your property)\n  - Required building indemnity insurance (minimum $250,000 cover for new policies) to protect homeowners if the builder goes bust\n\n**Why it matters:**\nThese rules protect homeowners from dodgy builders and ensure that people running building businesses actually know what they're doing—both in terms of construction and running a business. The regulations also standardise contracts so consumers know what they're signing."}},"importantCases":[],"_links":{"self":"/api/acts/building-work-contractors-regulations-2011","history":"/api/acts/building-work-contractors-regulations-2011/history","analysis":"/api/acts/building-work-contractors-regulations-2011/analysis","conflicts":"/api/acts/building-work-contractors-regulations-2011/conflicts","importantCases":"/api/acts/building-work-contractors-regulations-2011/important-cases","documents":"/api/acts/building-work-contractors-regulations-2011/documents"}}