{"id":"tas:sr-2016-089","name":"Residential Building Work Contracts and Dispute Resolution Regulations 2016","slug":"residential-building-work-contracts-and-dispute-resolution-regulations-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"89 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186354,"registerId":"tas-tas:sr-2016-089-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Residential Building Work Contracts and Dispute Resolution Regulations 2016](/view/html/inforce/2026-04-12/sr-2016-089) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which the [Residential Building Work Contracts and Dispute Resolution Act 2016](/view/html/inforce/2026-04-12/act-2016-032) commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Residential Building Work Contracts and Dispute Resolution Act 2016](/view/html/inforce/2026-04-12/act-2016-032) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Buildings that are not residential buildings for purposes of Act","content":"### 4 Buildings that are not residential buildings for purposes of Act\n\n> For the purposes of [section 5(2)(i)](/view/html/inforce/2026-04-12/act-2016-032#GS5@Gs2@Hpi@EN) of the Act, the following buildings are not residential buildings:\n> \n> > > (a) a building comprising 3 or more separate places of residence situated directly one above the other;\n> > \n> > > (b) a building designed to house more than 12 persons who are not members of the same family.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Structures that are part of residential buildings for purposes of Act","content":"### 5 Structures that are part of residential buildings for purposes of Act\n\n> For the purposes of [section 5(4)(b)](/view/html/inforce/2026-04-12/act-2016-032#GS5@Gs4@Hpb@EN) of the Act, the following things are structures, fixtures or fittings that are taken to be part of a residential building:\n> \n> > > (a) solar panels;\n> > \n> > > (b) satellite dishes;\n> > \n> > > (c) rooftop wind turbines.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Set amount","content":"### 6 Set amount\n\n> For the purposes of paragraph (a) of the definition of *set amount* in [section 41(1)](/view/html/inforce/2026-04-12/act-2016-032#GS41@Gs1@EN) of the Act, the set amount is $50 000.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Adjudication application fee","content":"### 7 Adjudication application fee\n\n> [*\\[Regulation 7 Amended by No. 39 of 2018, s. 72, Applied:17 Dec 2018\\]*](/view/html/inforce/2018-12-17/act-2018-039#GS72@EN) For the purposes of [section 62(4)(e)](/view/html/inforce/2026-04-12/act-2016-032#GS62@Gs4@Hpe@EN) of the Act, the application fee is 208 fee units (inclusive of GST).","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Infringement notice offences","content":"### 8 Infringement notice offences\n\n> For the purposes of [section 80](/view/html/inforce/2026-04-12/act-2016-032#GS80@EN) of the Act –\n> \n> > > (a) an offence against a provision of the Act specified in column 2 of the table in [Schedule 1](#JS1@EN) is a prescribed offence; and\n> > \n> > > (b) the penalty specified in column 4 of that Schedule opposite that provision is the penalty applicable to that offence if the offence is committed by a body corporate; and\n> > \n> > > (c) the penalty specified in column 5 of that Schedule opposite that provision is the penalty applicable to that offence if the offence is committed by an individual.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Infringement Noti","sectionType":"part","heading":"SCHEDULE 1 - Infringement Notice Offences","content":"# SCHEDULE 1 - Infringement Noti SCHEDULE 1 - Infringement Notice Offences\n\n[Regulation 8](#GS8@EN)\n\n[*\\[Schedule 1 Amended by No. 39 of 2018, s. 73, Applied:17 Dec 2018\\]*](/view/html/inforce/2018-12-17/act-2018-039#GS73@EN)\n\n| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |\n| Item No. | Section | Description | Body corporate infringement | Individual infringement |\n| 1. | 13 | Contract must be in writing | 8 | 3 |\n| 2. | 14(1) | Contract must contain certain matters | 8 | 3 |\n| 3. | 16 | Copy of contract and consumer guide to be given to owner as required | 20 | 10 |\n| 4. | 17(1) | Variations of contract must be in writing | 3 | 1 |\n| 5. | 17(5) | No work to be done until variation document signed by both parties | 3 | 1 |\n| 6. | 18 | Variation document must contain certain matters | 3 | 1 |\n| 7. | 19 | Variation document must be signed | 3 | 1 |\n| 8. | 20 | Copy of variation document must be given to owner as specified | 10 | 5 |\n| 9. | 21(2) | Requirements where variation requires consent of surveyor | 3 | 1 |\n| 10. | 21(3) | Owner must be given copy of variation and permit, and no work done until consent given | 3 | 1 |\n| 11. | 39(1) | Copy of consumer guide to be given to owner before contract entered into | 3 | 1 |\n| 12. | 39(2) | Copy of consumer guide to be given to owner before any work done | 3 | 1 |\n| 13. | 40 | Copy of commencement notice to be given to owner within specified period | 3 | 1 |\n| 14. | 41(2) | Deposit exceeding maximum not to be demanded or received | 20 | 10 |\n| 15. | 42(2) | Only certain progress payments can be required | 20 | 10 |\n| 16. | 43 | Owner to be given notice of practical completion within specified period | 3 | 1 |\n| 17. | 44(2) | Defects document to be given to owner | 8 | 3 |\n| 18. | 44(3) | Reasonable steps to be taken to correct defects or omissions within 6 months | 8 | 3 |\n| 19. | 77(2) | Compliance with adjudication order by specified date | 20 | 10 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 2 November 2016","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations operationalise the Act by clarifying definitions (regs 4–5), specifying monetary thresholds and fees (regs 6–7) and prescribing offences and penalties (reg 8, Schedule 1). They do not, on their face, expand or contract the Act’s statutory scope but set the practical parameters and compliance costs that determine how the Act applies in individual cases."},"complexity_factors":["Direct cross-references to the Act throughout (reg 3) — requires reading both instruments together.","Numerical parameters set in regulation rather than left to rule-making (set amount $50,000 (reg 6); fee 208 fee units (reg 7)).","Prescribed infringement schedule with distinct penalties for bodies corporate and individuals (reg 8; Schedule 1) — increases compliance detail.","Definitions that narrow/exclude certain buildings and include particular fixtures (regs 4–5) — affects scope of coverage in practice.","Enforcement mechanism via infringement notices and adjudication fee (regs 7–8) — creates predictable costs but administrative steps to follow."],"plain_english_summary":"These regulations implement parts of the Residential Building Work Contracts and Dispute Resolution Act 2016 by defining which buildings count as residential, listing rooftop items treated as part of a dwelling, fixing the statutory monetary threshold at $50,000 (reg 6) and setting the adjudication application fee at 208 fee units (reg 7). They also prescribe specific infringement notice offences and separate penalties for bodies corporate and individuals (reg 8, Schedule 1), creating clear compliance and payment obligations for contractors and owners."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the scope of the regulations changed from their original intent. The instrument appears to have remained focused on residential building work contracts and dispute resolution in Tasmania since commencement, with only minor amendments recorded up to December 2018."},"complexity_factors":["Regulations operate as secondary legislation — you must read them alongside the parent Act to understand the full picture","Tasmanian-specific rules may differ from similar laws in other Australian states, creating confusion for people who have moved interstate","Building contracts often involve technical construction concepts layered on top of the legal framework","Dispute resolution procedures can involve multiple steps and bodies, which can be hard to navigate without legal help","The provided text is largely metadata rather than substantive content, limiting full assessment of complexity"],"plain_english_summary":"These Tasmanian regulations sit under the Residential Building Work Contracts and Dispute Resolution Act and set out the practical details — forms, fees, timeframes and procedures — that apply to residential building contracts and disputes. They affect homeowners, builders/contractors and others involved in disputes about renovations, new homes or extensions.\n\nThey matter because they spell out contract requirements, payment rules and dispute-handling processes that protect homeowners and define builders’ obligations. (The supplied text is mainly administrative metadata, not the full regulatory content.)"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the parent Act by setting specific amounts, defining excluded building types, and prescribing infringement offences. There is no evidence of scope creep."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Straightforward prescriptive provisions with minimal conditional logic","Single cross-reference structure (regulations point to specific sections of the parent Act)","Schedule 1 is a simple table format with 19 rows and 5 columns","No nested exceptions or complex definitional chains","Length is very short (8 regulations plus 1 schedule)"],"plain_english_summary":"This is a set of regulations that supports the Residential Building Work Contracts and Dispute Resolution Act 2016. It fills in practical details that the main Act left blank.\n\n**What it does:**\n\n*   **Defines what counts as a \"residential building\"** — specifically excluding apartment blocks with 3+ storeys of separate homes, and buildings designed for more than 12 unrelated people (like boarding houses or hostels).\n*   **Clarifies what fixtures are part of the building** — solar panels, satellite dishes, and rooftop wind turbines are treated as part of the residential building for legal purposes.\n*   **Sets dollar amounts** — the \"set amount\" for deposit limits is $50,000, and the fee to apply for adjudication (a formal dispute resolution process) is 208 fee units (a government pricing unit that gets adjusted for inflation).\n*   **Lists fines for specific offences** — it creates a schedule of 19 offences where builders can be issued on-the-spot infringement notices (like speeding tickets) rather than going to court. These cover paperwork failures like not having written contracts, not giving owners the required consumer guide, taking deposits that are too large, or not fixing defects within 6 months. Fines are higher for companies than individuals.\n\n**Who it affects:**\n\n*   Homeowners having building work done\n*   Builders and contractors doing residential building work in Tasmania\n*   Anyone applying for adjudication to resolve a building dispute\n\n**Why it matters:**\n\nThese regulations put teeth into consumer protection laws. They specify exactly how much builders can charge upfront, what paperwork they must provide, and what happens if they break the rules — making it easier to enforce standards without expensive court cases."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/residential-building-work-contracts-and-dispute-resolution-regulations-2016","history":"/api/acts/residential-building-work-contracts-and-dispute-resolution-regulations-2016/history","analysis":"/api/acts/residential-building-work-contracts-and-dispute-resolution-regulations-2016/analysis","conflicts":"/api/acts/residential-building-work-contracts-and-dispute-resolution-regulations-2016/conflicts","importantCases":"/api/acts/residential-building-work-contracts-and-dispute-resolution-regulations-2016/important-cases","documents":"/api/acts/residential-building-work-contracts-and-dispute-resolution-regulations-2016/documents"}}