54BConsumer guarantees

54B Consumer guarantees (1) The following guarantees (consumer guarantees) apply to all prescribed residential building work carried out by a residential builder: (a) the residential builder will carry out the building work in a proper and workmanlike manner and in accordance with the plans and specifications: (i) specified in the building permit for the work; and (ii) if there is a residential building contract for the work – specified in the contract; (b) all materials supplied by the residential builder will be good and suitable for the purpose for which they are to be used; (c) all materials supplied by the residential builder will be new unless: (i) the residential builder is an owner-builder or developer; or (ii) if there is a residential building contract for the work – the contract for the work specifies otherwise; (d) the residential builder will carry out the building work in accordance with this Act, the Regulations and other laws in force in the Territory; (e) the residential builder will carry out the building work with reasonable care and skill; (f) the residential builder will complete the work: (i) if there is a residential building contract for the work – by the date, or within the period, specified in the contract; or (ii) otherwise – within a reasonable period; (g) any other guarantee specified by regulation. Division 2 Consumer guarantees for prescribed residential building work Building Act 1993 57 (2) The consumer guarantees have effect for the period prescribed by regulation (the prescribed effective period). 54BA Contracts not to exclude consumer guarantees or other rights (1) A contracting residential builder must include the consumer guarantees in each residential building contract the builder enters into. (2) A provision of a residential building contract is of no effect to the extent to which the provision purports to: (a) restrict or remove the rights of a person in relation to: (i) a consumer guarantee; or (ii) another matter relating to the rights of the contracting owner that is required by regulation to be included in the contract; or (b) require a dispute in relation to the contract to be referred to arbitration. (3) Despite subsection (2)(b), this section does not prevent the parties to a residential building contract from entering into an agreement, after a dispute has arisen under the contract, about referring the dispute to arbitration. (4) However, subsection (3) does not apply in relation to a consumer 54BB Current owner of land or building entitled to guarantees A current owner of land or a residential building is entitled, during the prescribed effective period, to the benefit of the consumer guarantees for prescribed residential building work carried out on the land or in connection with the building. 54BC Other consumer rights not affected This Division does not affect other rights a current owner of land or a residential building has under any other law in force in the Territory that deals with the protection of the rights of consumers in relation to the provision of goods or services in connection with Building Act 1993 58 Division 3 Residential building insurance provided by approved insurers