Home Building Act 1989
48ADefinitions
Start here
Get a plain-English read of 48A
Turn the raw legal text into a practical explanation grounded in Home Building Act 1989.
48A Definitions
48A Definitions
(1) In this Part—
building claim means a claim for—
(a) the payment of a specified sum of money, or
(b) the supply of specified services, or
(c) relief from payment of a specified sum of money, or
(d) the delivery, return or replacement of specified goods or goods of a specified description, or
(e) a combination of two or more of the remedies referred to in paragraphs (a)–(d),
that arises from a supply of building goods or services whether under a contract or not, or that arises under a contract that is collateral to a contract for the supply of building goods or services, but does not include a claim that the regulations declare not to be a building claim.
building dispute means a dispute that has been notified as referred to in section 48C.
building goods or services means goods or services supplied for or in connection with the carrying out of residential building work or specialist work, being goods or services—
(a) supplied by the person who contracts to do, or otherwise does, that work, or
(b) supplied in any circumstances prescribed by the regulations to the person who contracts to do that work.
goods, services and supply have the same meanings as in Part 6A of the Fair Trading Act 1987.
(2) Without limiting the definition of building claim, a building claim includes the following—
(a) an appeal against a decision of an insurer under a building cover contract required to be entered into under this Act,
(b) a claim for compensation for loss arising from a breach of a statutory warranty implied under Part 2C.
(3), (4) (Repealed)
s 48A: Ins 2001 No 51, Sch 4 [1]. Am 2002 No 17, Sch 3.1 [1]; 2002 No 134, Sch 2.1 [5]; 2009 No 61, Sch 2 [40]; 2015 No 12, Sch 2.3 [1] [2]; 2017 No 28, Sch 1 [6].