54AApplication of Part

54A Application of Part (1) This Part applies in relation to prescribed residential building work carried out, or to be carried out, by a residential builder. (2) However, this Part does not apply in relation to prescribed residential building work carried out, or to be carried out, in relation to a building owned by a public authority. 54AB Prescribed residential building work and residential builders (1) Prescribed residential building work is building work in connection with a residential building that is prescribed by regulation for this Part. (2) A residential builder is one of the following: (a) a contracting residential builder; (b) a developer; (c) an owner-builder; (d) a person specified by regulation to be a residential builder. (3) Also, in relation to an application to the Commissioner under Division 6 about prescribed residential building work, a residential builder includes the following: (a) a contracting residential builder who was registered at the time the residential building contract for the work was entered into, or the work was carried out, but is not registered at the time the application is made; (b) a developer who was registered at the time the work was carried out but is not registered at the time the application is made; Building Act 1993 55 (c) an owner-builder whose owner-builder certificate in relation to the work is no longer in force at the time the application is made. 54AC Requirement for authorised RBI policy or fidelity certificate (1) A residential builder must not carry out prescribed residential building work unless: (a) one of the following is in force for the work: (i) an authorised RBI policy; (ii) a fidelity certificate; and (b) if the residential builder has entered into a residential building contract for the work – the builder has given the other party to the contract: (i) the RBI policy document for the work; or (ii) a copy of the fidelity certificate. (2) A residential builder must not demand or receive payment (whether as a deposit or otherwise) under a residential building contract unless: (a) one of the following is in force for the prescribed residential building work to be carried out under the contract: (i) an authorised RBI policy; (ii) a fidelity certificate; and (b) the builder has given the other party to the contract: (i) the RBI policy document for the work; or (ii) a copy of the fidelity certificate. 54AD Current owner For this Part, a current owner, in relation to land or a residential building, is one of the following persons who currently owns the land or building: (a) a contracting owner; Division 2 Consumer guarantees for prescribed residential building work Building Act 1993 56 (b) a person who is a successor in title to a contracting owner, developer or owner-builder; (c) a person specified by regulation to be a current owner. Division 2 Consumer guarantees for prescribed residential building work