NSWIn ForceAct
Home Building Act 1989
3CDate of completion of new buildings in strata schemes
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#### 3C Date of completion of new buildings in strata schemes
3C Date of completion of new buildings in strata schemes
> > (1) This section applies to residential building work comprising the construction of a new building in a strata scheme (within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050)) where the issue of an occupation certificate is required to authorise commencement of the use or occupation of the building.
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> > Note.
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> > Section 3B provides for the date of completion of other residential building work.
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> > (2) The completion of residential building work to which this section applies occurs on—
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> > > (a) the date of issue of an occupation certificate that authorises the occupation and use of the whole of the building, unless paragraph (b) applies, or
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> > > (b) the occurrence of some other event that is prescribed by the regulations as constituting completion of the work.
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> > (3) If a contract to do residential building work (the primary contract) comprises the construction of 2 or more separate buildings, the date of completion of that work is to be determined as if there were a separate contract for each separate building (with each contract on the same terms as the primary contract) so that the work for each building will have a separate completion date. For the purposes of this section, a building is separate if it is reasonably capable of being used and occupied separately from any other building.
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> > Note.
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> > Separate buildings can still have the same completion date if they are completed at the same time.
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> > (4) This section applies for the purpose of determining when completion of residential building work occurs for the purposes of any provision of this Act, the regulations or a contract of insurance under Part 6.
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> > (5) In this section—
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> > building means any structure that, as a new building, requires the issue of an occupation certificate to authorise its use and occupation.
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> > occupation certificate means an occupation certificate under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).
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> > Note.
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> > A swimming pool, tennis court or detached garage can be a building for the purposes of this section if an occupation certificate is required to authorise its use and occupation. If a structure in a strata scheme does not require an occupation certificate, section 3B will apply to it instead of section 3C.
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> **s 3C:** Ins 2014 No 24, Sch 1 \[5\]. Am 2015 No 50, Sch 4.12 \[1\]; 2017 No 28, Sch 1 \[2\].