ACTIn ForceRegulation
Building (General) Regulation 2008
38BProhibited conditions—Act, s 89E
Start here
Get a plain-English read of 38B
Turn the raw legal text into a practical explanation grounded in Building (General) Regulation 2008.
38B Prohibited conditions—Act, s 89E
(1) This section applies to a residential building work contract for—
(a) a new class 1 building; or
(b) an alteration to, or demolition of, an existing class 1 or class 2
(c) a class 10 building that provides structural support, or is a
structurally integral adjunct, to a new class 1 building or an
existing class 1 or class 2 building.
(2) However, this section does not apply to a residential building work
contract entered into before the commencement of this section.
(3) A condition in a residential building work contract that allows a
person, other than the owner of the land where the work is to be
carried out under the contract, to do any of the following is prescribed
as a prohibited condition:
(a) to appoint or revoke the appointment of an eligible entity as a
certifier for the work;
(b) to act as the agent of the owner in dealing with a certifier
appointed for the work.