95No insurance for owner-builder work

#### 95 No insurance for owner-builder work 95 No insurance for owner-builder work > > (1) A contract of insurance under this Part cannot be entered into in relation to owner-builder work carried out or to be carried out by a person as an owner-builder. > > > > Note. > > > > Insurance under this Part cannot be offered or obtained for owner-builder work done by an owner-builder. This does not affect the requirement of section 92 for insurance to be obtained for owner-builder work done under a contract. > > > (2) A person who is the owner of land in relation to which an owner-builder permit was issued must not enter into a contract for the sale of the land unless the contract includes a conspicuous note (a consumer warning) stating— > > > > > (a) that an owner-builder permit was issued in relation to the land (specifying the date on which it was issued), and > > > > > (b) work done under an owner-builder permit is not required to be insured under this Act unless the work was done by a contractor to the owner-builder. > > > > Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in any other case. > > > (3) The requirement for a contract of sale to include a consumer warning does not apply— > > > > > (a) to a sale of land more than 7 years and 6 months after the owner-builder permit was issued, or > > > > > (b) if the reasonable market cost of the labour and materials involved does not exceed the amount prescribed by the regulations for the purposes of this section, or > > > > > (c) if the owner-builder work carried out under the owner-builder permit is of a class prescribed by the regulations. > > > (4) The requirement for a contract of sale to include a consumer warning applies to a person as the owner of land whether the person is the person to whom the owner-builder permit was issued or a successor in title to that person. > > > (5) If a person contravenes this section in respect of a contract, the contract is voidable at the option of the purchaser before the completion of the contract. > > Note. > > Prior to its amendment by the [Home Building Amendment Act 2014](/view/html/repealed/current/act-2014-024), section 95 required an owner-builder to obtain insurance under this Part before selling the land concerned. Schedule 4 provides for the continued application of the previous requirements of section 95 to sales of land before the amendment to that section. > > **s 95:** Subst 1990 No 33, Sch 1 (27); 1996 No 122, Sch 4 \[3\]. Am 1999 No 26, Sch 1 \[12\]; 2001 No 51, Schs 6 \[13\] \[14\], 8 \[26\]; 2002 No 17, Sch 1 \[2\]; 2004 No 101, Schs 4 \[1\], 6 \[2\] \[3\]; 2006 No 120, Sch 3.11 \[2\]; 2011 No 52, Sch 1 \[19\] \[20\]. Subst 2014 No 24, Sch 1 \[87\]. Am 2017 No 28, Sch 1 \[16\].