Home Building Contracts (Home Indemnity Insurance - Multi-storey Multi-unit Developments Exemption) Regulations 2002 (Western Australia)

These regulations carve out specific exemptions from the Act’s requirement that builders take out home indemnity insurance for certain projects — notably multi‑storey multi‑unit developments, leased retirement villages, Housing Authority dwellings and some buildings intended for Specialist Disability Accommodation (SDA). They set procedural checks (written notices, statutory declarations, memorials, enrolment obligations), time limits and rescission rights for purchasers, and penalties for non‑compliance. The rules shift some risk from mandatory insurer cover to contractual and disclosure mechanisms, affecting builders, developers, owners and purchasers.

These regulations create and calibrate narrow exemptions from the home indemnity insurance obligation in the Home Building Contracts Act 1991, and set out the procedural, notice, record and secondary insurance or enrolment requirements that must be met if those exemptions are to operate. They operate across five subject areas: multi‑storey multi‑unit developments (Parts 2 and Schedule 1), leased retirement villages (Part 3), building work by or for the Housing Authority (Part 4), and certain buildings intended to be used as Specialist Disability Accommodation (SDA) (Part 5). The regulations modify the practical allocation of risk that would otherwise be transferred by statutory home indemnity insurance by creating conditional exemptions where particular notices, memorials, statutory declarations, enrolment steps, or alternative HII cover are taken.

Mechanically, the regulations require builders to give a prescribed builder’s notice (Schedule 1 Form 1) to purchasers or other parties in certain circumstances before an exemption from Part 3A of the Act applies for multi‑storey multi‑unit developments (reg 4(1); reg 6). If the notice is not given in the specified timing, purchasers who are not developers obtain a statutory right to rescind (reg 4(2) and (3); reg 6(3) and (4)). For developers who receive a builder’s notice, the developer must pass a copy on to purchasers in particular timing windows, and failure to do so can attract a $5 000 penalty and give purchasers rescission rights (reg 7).

For leased retirement villages, the owner must lodge a memorial on title and give a statutory declaration to the permit authority before a building permit is granted in order for the exemption to apply (reg 9(1)). If units in such a village are sold within six years of practical completion, the seller must have in place qualifying HII cover or corresponding cover and give the purchaser a Minister‑approved certificate; breach attracts a $5 000 fine (reg 10).

For the Housing Authority, residential building work for letting or leasing is exempt, subject to a statutory requirement that an insurer’s policy meeting the subregulation’s conditions or corresponding cover be provided for any sale within six years of practical completion and that a Minister‑approved certificate be given to purchasers (reg 11(1)-(3)). Part 5 creates a new exemption path for class 1b or class 3 buildings that a building owner plans to enrol as SDA, contingent on an owner’s statutory declaration to the permit authority before permit issuance (reg 13), a requirement to apply for SDA enrolment within 12 months of practical completion or face a $5 000 fine (reg 14), and a requirement to notify purchasers in writing that HII cover is not in force if sale occurs during the relevant period (reg 15).

Across the instrument, the regulations define technical terms such as multi‑storey multi‑unit development, basement storey, developer, HII cover and exempt work, and reference external instruments for key concepts and triggers, including the Building Code of Australia, the Building Act 2011 (commencement day relevant to reg 6(1A)), the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020, the Insurance Act 1973 (Commonwealth) and the Building Services (Complaint Resolution and Administration) Act 2011 (see reg 3, reg 6(1A), regs 12-15, regs 9-11).

The regulations therefore shift when statutory HII must be procured and where alternative protections or disclosures must be provided, setting a mix of preventative administrative steps, notification duties, recordation on title, time‑limited obligations tied to dates of practical completion and settlement, and criminal penalties limited to fines for non‑compliance in specified contexts.

The instrument’s legal architecture rests on four interlocking concepts: exemption mechanics, prescribed notices and memorials, time windows measured from practical completion or receipt, and replacement or complementary protections.

Exemption mechanics. The regulations create exceptions to the default requirement in Part 3A of the Home Building Contracts Act 1991 that builders obtain home indemnity insurance for residential building work. For multi‑storey developments, the exemption applies if the builder gives the prescribed builder’s notice to each contract party as required (reg 4(1); reg 6(2)). For retirement villages, an owner must lodge a memorial on title and provide a statutory declaration prior to a building permit to obtain the exemption (reg 9(1)). For the Housing Authority, work carried out by or on behalf of the Authority for letting or leasing is exempt, subject to post‑construction insurance when sale occurs (reg 11). For SDA buildings, certain class 1b and class 3 buildings are exempt provided a pre‑permit statutory declaration is made signifying the owner’s intent to use the building as an SDA building (reg 13(1)).
Notices, memorials and statutory declarations. The regulations prescribe forms and recipients. The builder’s notice is set out in Schedule 1 Form 1 and must be given in particular scenarios to make the multi‑storey exemption effective (reg 4(1), reg 6(2)). If a developer receives a builder’s notice the developer has secondary duties to pass it to purchasers (reg 7). For leased retirement villages a memorial is lodged with the Registrar of Titles and a statutory declaration in a prescribed form is given to the permit authority before permit issuance (reg 9(1)). For SDA exemptions the owner must give a statutory declaration to the permit authority before permit issuance (reg 13(1)(b)). These instruments are treated as evidence for permitting authorities (reg 9(3)).
Timing and practical completion. Several rights and prohibitions are triggered by practical completion or dates of settlement. Rescission rights run from receipt of a builder’s notice and are exercisable before whichever is earlier, the expiration of one month after receipt of the notice or settlement (reg 4(3), reg 6(4), reg 7(6)). For sales restrictions, the relevant periods are generally six years from practical completion for Division 2 work, and in one instance the definition of relevant period includes seven years from grant of the building permit where Division 3 applies (reg 15(1)). The Registrar may cancel memorials six years after practical completion of a leased retirement village (reg 9(6)).

The regulations allocate duties and conditional rights across identifiable groups of market participants: builders, developers, purchasers (including successors in title), building owners, the Housing Authority, permit authorities, the Registrar of Titles and the Minister with approval functions. Each group has distinct obligations and exposure as follows.

Builders. Builders performing residential building work for multi‑storey multi‑unit developments must give the builder’s notice in the form in Schedule 1 Form 1 to each other party to builder or sale contracts to qualify for exemption from Part 3A, or else the purchaser will have a right to rescind (reg 4(1)-(3); reg 6(1)-(4)). Builders who fail to provide the required notice prior to entering contracts effectively forfeit the exemption for those contracts; the exemption may revive when the builder subsequently gives the notice to each affected party (reg 6(1)-(2)). Builders must also complete the prescribed Form 1 content and retain evidence of delivery because rescission windows and evidentiary burdens turn on receipt dates (Schedule 1 Form 1 and reg 8).
Developers. Developers are defined by s 3(1) to mean a person for whom residential building work is to be performed and who carries on a business selling or dealing in dwelling units with a view to profit or capital gain (reg 3(1)). Developers who receive a builder’s notice must pass a copy to purchasers before entering into a sale contract if settlement will occur within six years of practical completion; they must also give copies to existing purchasers within 10 days of receiving the builder’s notice, under penalty of a $5 000 fine for non‑compliance with reg 7(2)(b). Failure to give the required notice or to have provided a developer’s notice before sale can create rescission rights for purchasers (reg 7(3)-(6)).
Purchasers. Purchasers who are not developers obtain statutory rescission rights in a number of circumstances: where the builder fails to give the builder’s notice prior to contract entry (reg 4(2)); where a builder’s notice is not given to purchasers after new contracts are entered post‑licence or post‑permit in the transitional regime (reg 6(3)); and where developers fail to notify existing purchasers within 10 days unless the purchaser was previously given a developer’s notice (reg 7(4)-(5)). Purchasers must exercise rescission by written notice to the builder or developer before the earlier of one month after receipt of the relevant notice or settlement (reg 4(3), reg 6(4), reg 7(6); Schedule 1 Form 1 contains the prescribed notice of exercise template).

This section lays out the principal positive obligations and the principal statutory rights created or preserved by the regulations, with citations to the provisions.

Key duties

Builder’s notice duty to trigger exemption for multi‑storey multi‑unit work. A builder must give the notice in the form in Schedule 1 Form 1 to the other party to each building contract or sale contract that is entered into before a building permit is granted in order for the exemption in reg 4(1) to apply. See reg 4(1) and Schedule 1 Form 1.
Developer distribution duty. A developer who receives a builder’s notice must give a copy to any purchaser who will settle within six years of practical completion before entering into a sale contract, and must give a copy to purchasers who already have sale contracts within 10 days after receiving the builder’s notice. Penalty $5 000 for failing to comply with reg 7(2)(b). See reg 7(2)(a)-(b), (2)(b) penalty.
Person other than developer distribution duty. A non‑developer who receives a builder’s notice must, before entering into a sale contract, give a copy to the purchaser where settlement will occur within six years of practical completion (reg 7A(2)).
Memorial and statutory declaration for leased retirement villages. The owner must lodge a memorial with the Registrar of Titles stating there is no home indemnity insurance and provide a statutory declaration verifying the intention for the village to be leased prior to grant of the building permit (reg 9(1)(b)(i)-(ii)). The Registrar must register the memorial on payment of fee and may cancel registration six years after practical completion (reg 9(5)-(6)).
Insurance/certificate condition on sale for leased retirement villages. If a dwelling in an exempt leased retirement village is sold within six years of practical completion, the owner must ensure a policy meeting reg 10(2) is in force or corresponding cover from an approved fund is in place, and must give the purchaser a Minister‑approved certificate evidencing this (reg 10(1)).
Housing Authority sale condition. If the Housing Authority sells within six years of practical completion, it must ensure a policy satisfying reg 11(3) or corresponding cover is provided, and give the purchaser a Minister‑approved certificate (reg 11(2)-(3)).
SDA enrolment and sale duties. A building owner who takes the SDA exemption by statutory declaration must apply for SDA enrolment under the NDIS SDA Rules within 12 months of practical completion or face a $5 000 penalty, subject to a defence of reasonable excuse for unforeseeable events after the declaration (reg 14). If an exempt SDA building is sold within the relevant period (six or seven years depending on Division), the seller must notify the purchaser in writing that HII cover is not in force (reg 15(2), penalty $5 000).

The regulations employ a combination of civil consequences, rescission rights and monetary penalties to enforce compliance. There are no criminal imprisonment provisions in the text; enforcement is through statutory fines and the remedial remedy of rescission.

Monetary penalties

$5 000 penalties. The instrument prescribes a fine of $5 000 in several places: for a developer’s failure to give purchasers (with existing sale contracts) a copy of the builder’s notice within 10 days (reg 7(2)(b)); for entering into a sale contract for dwellings in a leased retirement village within six years of practical completion without having the qualifying insurance and issuing the Minister‑approved certificate (reg 10(1)); for failing to apply to enrol an exempt SDA building within 12 months of practical completion (reg 14(2)); and for failing to notify a purchaser in writing that HII cover is not in force when selling an exempt SDA building within the relevant period (reg 15(2)). Each of these is a direct financial sanction in the regulations. See reg 7(2)(b), reg 10(1), reg 14(2), reg 15(2).

Rescission as enforcement and remedy

Rescission rights are a primary enforcement mechanism in the multi‑storey context. Purchasers who are not developers may rescind contracts where the builder did not give the prescribed builder’s notice before the contract was entered into (reg 4(2)). The purchaser must give notice of exercise before the earlier of one month after receipt of the builder’s notice or settlement (reg 4(3); Schedule 1 Form 1 contains the form of this notice).
Reg 6 preserves rescission rights where an exemption ceases because the builder did not give the builder’s notice prior to entering into contracts after certain regulatory milestones such as issuance of a building licence or grant of a permit (reg 6(1)-(4)). The rescission timeframes are the same as in reg 4.
Developers’ failures to pass on notices create rescission rights for purchasers under reg 7(3) and reg 7(4)-(6) with the same one‑month or settlement cut‑off.

Administrative enforcement points

Registrar of Titles. The Registrar must register memorials lodged under reg 9 on payment of the appropriate fee and may cancel the registration six years after practical completion (reg 9(5)-(6)). The Registrar therefore enforces the system of title notification and its time limitation.

The regulations are integrated with several external Acts, national instruments and codes, and they expressly borrow definitions, triggers and enforcement concepts. Key interactions follow and are grounded in the regulation text.

Home Building Contracts Act 1991 (principal Act). The exemptions in these regulations operate as carve‑outs to Part 3A of the Home Building Contracts Act 1991. The term home indemnity insurance is defined by reference to Part 3A Division 2 of the principal Act or corresponding cover (reg 3(1)). Part 5’s HII cover cross‑references sections 25D or 25G of the Act for defining an acceptable policy (reg 12).
Building Code of Australia and the National Construction Code. The regulations rely on the Building Code of Australia for technical definitions such as storey and rise in storeys which are used in the definition of multi‑storey multi‑unit development (reg 3(1) definitions). The substantive exemption thresholds for multi‑storey design are therefore governed by the BCA definitions as incorporated.
Building Act 2011. Regulation 6 introduces the concept of commencement day, defined as the day on which Building Act 2011 s 20 comes into operation (reg 6(1A)). The transitional regime in reg 6, including the concept of former exemptions and the cessation and reactivation of exemptions when contracts are entered after the building licence or permit is issued, is directly tied to that commencement day.
National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020. Part 5 requires owners who take the SDA exemption to apply for enrolment under the NDIS SDA Rules within 12 months of practical completion (reg 14(2)). Regulation 13 defines SDA building by reference to enrolment under the NDIS SDA Rules s 26 (reg 12).
Building Services (Complaint Resolution and Administration) Act 2011. The insurance policy required for leased retirement villages and Housing Authority sales must insure purchasers against inability to take advantage of a building remedy order as defined in the Building Services (Complaint Resolution and Administration) Act 2011 s 3 (reg 10(2)(a), reg 11(3)(a)).
Insurance Act 1973 (Commonwealth). The insurer issuing the required policy must be authorised under the Commonwealth Insurance Act 1973 to carry on insurance business (reg 10(2)(d)(i), reg 11(3)(d)(i)). This requirement imports prudential authorisation standards into the state regulatory regime.

The regulations have been subject to several targeted amendments since their original enactment, with each amendment adding regimes or refining the existing ones. The compilation table in the instrument records these changes and provides commencement dates. The key amendment milestones are as follows.

Original instrument. The original regulations were published as the Home Building Contracts (Home Indemnity Insurance , Multi‑storey Multi‑unit Developments Exemption) Regulations 2002 and commenced on 20 April 2002 (see compilation table). The initial focus was the multi‑storey multi‑unit exemption and the builder’s notice mechanism.
2003 amendment. The regulations were amended effective 9 April 2003 (Gazette 8 Apr 2003) with changes that are included in the consolidated text. The 2003 amendment inserted or revised preliminary material and added further definitions.
2004 amendment. The Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2004 (Gazette 16 Nov 2004) added the developer notice requirements and the Schedule 1 Form 2 developer’s notice, and broadened distribution duties. These insertions established the requirement that developers who receive a builder’s notice must pass copies on to purchasers and introduced the specific timing and penalty for failing to do so (reg 7 and Schedule 1 Form 2, inserted 2004; reg 7 includes a $5 000 penalty clause).
2007 amendment. The 2007 amendment (Gazette 21 Dec 2007; 22 Dec 2007 for operative provisions) adjusted the forms in Schedule 1 and possibly clarified timing details.
2012 amendment. The 2012 amendment (Gazette 11 May 2012; operative 12 May 2012) made multiple technical revisions, including updating references and clarifying definitions. The instrument records that one 2012 amendment, r 6(b), was not included in the published consolidated copy because of an error; the notes record that error.
2024 amendment. The Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024 (SL 2024/287) introduced several substantive additions and refinements, with most new regulations commencing 19 December 2024. The 2024 package did the following: it inserted reg 5 (exemption for cases where no contracts were entered into at time of building permit), further adjusted reg 6 transitional mechanics around commencement day for the Building Act 2011, and added Part 5 addressing SDA buildings via regs 12 to 15. It also updated reg 7 and added reg 7A to clarify the duties of persons other than developers when they receive builder’s notices. The Schedule 1 forms were updated by SL 2024/287 r 9.

The text of the regulations and its compilation notes do not record any cases or litigation history. The instrument itself does not name judicial decisions or administrative determinations that interpret or apply these regulations. The Schedule and the regulations provide forms and procedural templates but do not cite case law.

Consequently, within the boundaries of this instrument alone, there is no in‑text litigation history to analyse. Practitioners seeking authoritative judicial treatment, application disputes about rescission dates, evidentiary proofs of notice receipt, or challenges to Ministerial approval decisions should locate and review external case law, tribunal decisions or regulator guidance, because none are provided within the regulations as published. The regulations’ operation in practice will turn on fact patterns such as receipt timing, the date of settlement, the date of practical completion, the existence and sufficiency of insurer approvals, the adequacy of statutory declarations and lodgement of memorials, and the Minister’s decisions respecting insurers and certificate forms; these are the sorts of issues that would be subject to dispute and judicial resolution, but no such authorities are cited in the instrument.

If a reader requires precedential materials or reported disputes involving these provisions, an additional search of court and tribunal databases and regulator guidance will be necessary because the instrument itself does not supply litigation references.

This section highlights precise procedural and substantive traps in the regulations that commonly generate risk, compliance failures or dispute.

Timing of notices and the one‑month rescission clock. Rescission windows are short and tied to specific events. A purchaser must give notice to rescind before the earlier of the expiration of one month after the day on which the applicable notice is received or settlement (reg 4(3), reg 6(4), reg 7(6), Schedule 1 Form 1). The one‑month period begins the day after receipt, per the Form’s example. Practitioners must be precise about the day of receipt and record it. Schedule 1 Form 1 explicitly instructs purchasers to ensure they have proof of the time and date they sent the rescission notice. Failure to prove timely dispatch can defeat rescission.
Receipt versus posting. The regulations pivot on receipt rather than dispatch dates. The prescribed Form 1 contains signed acknowledgement boxes for persons to sign to acknowledge reading the builder’s notice. Absent a signed acknowledgement, disputes over whether the purchaser "received" the builder’s notice could arise. Builders and developers should obtain written, dated acknowledgements or reliable delivery receipts.
Developer definition and treatment. The definition of developer in reg 3(1) includes a business‑activity element. Whether a counterparty qualifies as a "developer" affects whether the purchaser has a rescission right under reg 4(2) or reg 6(3). Parties should assess whether the counterparty meets the statutory definition before assuming rescission rights or duties (reg 3(1)).
Exemption cessation and reactivation under reg 6. Regulation 6 makes the exemption fragile where contracts are entered into after a building licence or permit is issued. If the builder fails to give the builder’s notice to parties entering into contracts after those milestones, the prior exemption ceases, but it can be reactivated once the builder gives the requisite notices to the affected parties (reg 6(1)-(2A)). This opens a window where purchasers could rely on rescission rights if the notice is not given, and builders must be careful to issue notices for later contracts to avoid losing the exemption.
Ministerial approvals for insurers and certificate forms. The policy exemptions that allow sales within six years depend on obtaining policies issued by insurers authorised under the Commonwealth Insurance Act 1973 and approved in writing by the Minister, and a Minister‑approved certificate must be provided to the purchaser (reg 10(2)(d), reg 10(1)(b), reg 11(3)(d), reg 11(2)(b)). In practice, this raises timing and availability issues, because Ministerial approval is an administrative discretion outside the parties’ control. Sellers should not assume market policies will automatically satisfy the Minister’s approval requirements.

This compliance checklist is a practical, source‑grounded set of steps for the principal actors in the regulations: builders, developers and building owners, the Housing Authority, permit authorities, and insurers/approved funds. Each step maps to the specific regulatory provision that creates the duty or trigger.

For builders performing multi‑storey multi‑unit work (see regs 3, 4, 6 and Schedule 1 Form 1)

Identify multi‑storey multi‑unit developments. Determine whether the building meets the definition in reg 3(1): a building comprising two or more independent dwelling units with a rise in storeys of more than three or more than one basement storey. Use the Building Code of Australia definitions for "storey" and "rise in storeys".
Issue builder’s notices timely. For any building contract or sale contract entered into before a building permit is to be granted, give the builder’s notice in the form in Schedule 1 Form 1 to the other party prior to entering the contract, so the exemption in reg 4(1) applies.
If notice was not given prior to contract entry, promptly provide the builder’s notice and be aware purchasers who are not developers may have rescission rights; maintain proof of delivery.
For contracts entered after a building licence is issued or building permit granted, follow reg 6: ensure a builder’s notice is given to each party before entering into the post‑licence/permit contract, otherwise the exemption ceases; if notices are later issued the exemption can be reactivated (reg 6(1)-(2)).
Retain delivery evidence. Use signed acknowledgements, tracked post, email read receipts or commercial courier records to prove the date of receipt since rescission windows are measured from receipt (reg 4(3), reg 6(4), Schedule 1 Form 1).

For developers and persons who will sell units in multi‑storey developments (see regs 7, 7A, Schedule 1 Form 2)

Where you receive a builder’s notice, comply with reg 7(2): before entering a sale contract if settlement is within six years of practical completion, give a copy of the builder’s notice to the purchaser; if purchasers already have sale contracts, give them copies within 10 days of receipt of the builder’s notice. Maintain evidence of delivery. Note the $5 000 penalty for failing to comply with reg 7(2)(b).
If you are not a developer but receive a builder’s notice, comply with reg 7A(2): before entering a sale contract where settlement is within six years of practical completion give a copy of the builder’s notice to the purchaser.

CrestWestern Australia

Home Building Contracts Act 1991

Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002

Western Australia

Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used in these regulations 1

Part 2 — Multi‑storey multi‑unit developments

Exemption from Part 3A of the Act — contracts entered into before building permit granted 4
Exemption from Part 3A of Act — no contracts entered into at time building permit granted 5
Exemption from Part 3A of the Act — contracts entered into after building licence issued or building permit granted 5
Giving a copy of the builder’s notice to a purchaser — developers 6

7A. Giving a copy of the builder’s notice to a purchaser — persons other than developers 7

Form of notice of exercise of right to rescind 8

Part 3 — Leased retirement villages

Exemption — leased retirement villages 9
Sale of dwellings in leased retirement village within 6 years of practical completion 10

Part 4 — Housing Authority

Exemption — Housing Authority 12

Part 5 — Exemption for certain SDA buildings

Terms used 14
Exemption — certain buildings intended to be leased as SDA buildings 15
Obligation to apply for enrolment of exempt building as SDA building 15
Sale of exempt building within 6 years of practical completion 16

Schedule 1 — Notices

Notes

Compilation table 25

Other notes 25

Defined terms

Western Australia

Home Building Contracts Act 1991

Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002

Part 1 — Preliminary

[Heading inserted: Gazette 8 Apr 2003 p. 1099.]

1. Citation

These regulations may be cited as the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002.

[Regulation 1 amended: Gazette 8 Apr 2003 p. 1099.]

2. Commencement

These regulations come into operation on the day after the day on which they are published in the Gazette.

3. Terms used in these regulations

(1) In these regulations —

basement storey, in relation to a part of a building, means a storey of that part of the building that is —

(a) below the finished ground level; or

(b) if part of the external wall of that part of the building is on the boundary of the allotment — below the natural ground level at that part of the external wall;

Building Code of Australia means the Building Code of Australia which is volumes 1 and 2, as amended from time to time, of the National Construction Code series published by, or on behalf of, the Australian Building Codes Board;

building contract means —

(a) a residential building work contract; or

(b) a cost plus contract that would be a residential building work contract but for the definition of “residential building work contract” in the Act;

developer, in relation to a building contract for a multi‑storey multi‑unit development, means a person —

(a) for whom residential building work is to be performed under the contract; and

(b) who carries on business selling, leasing or otherwise dealing in dwelling units of multi‑storey multi‑unit developments with a view to making a profit or capital gain;

home indemnity insurance means —

(a) a policy of insurance that complies with Part 3A Division 2 of the Act; or

(b) corresponding cover;

Housing Authority means the Housing Authority referred to in the Housing Act 1980 section 6(4);

leased retirement village means a retirement village in which all the dwellings are occupied under a residential tenancy agreement or any other lease or licence;

multi‑storey multi‑unit development means a building, comprising 2 or more independent dwelling units, any part of which —

(a) has a rise in storeys of more than 3; or

(b) has more than one basement storey;

practical completion has the meaning given by section 11 of the Act;

rescind, in relation to a contract, means to avoid the contract as from its beginning;

residential tenancy agreement has the meaning given by the Residential Tenancies Act 1987;

retired person has the meaning given by the Retirement Villages Act 1992;

retirement village means a complex of dwellings that are intended for occupation by retired persons;

rise in storeys has the meaning given by the Building Code of Australia;

sale contract means a contract for the sale of a dwelling unit in a multi‑storey multi‑unit development;

settlement, in relation to a contract, means the time at which the obligations under the contract are completed to the extent that the purchaser is entitled to be registered as the proprietor of the dwelling unit;

storey has the meaning given by the Building Code of Australia.

(2) For the purposes of the definition of “multi‑storey multi‑unit development”, a building that is attached to another building is not to be regarded as part of that other building unless it is structurally reliant upon that other building.

[Regulation 3 amended: Gazette 8 Apr 2003 p. 1100; 11 May 2012 p. 2059‑60.]

Part 2 — Multi‑storey multi‑unit developments

[Heading inserted: Gazette 8 Apr 2003 p. 1100.]

4. Exemption from Part 3A of the Act — contracts entered into before building permit granted

(1) Residential building work for or in respect of a multi‑storey multi‑unit development for which a building permit is to be granted is exempt from the requirements of Part 3A of the Act if, for each building contract or sale contract in respect of the building work that —

(a) the builder has entered into before the building permit is to be granted; and

(b) is in force at that time,

the builder has given a notice in the form set out in Schedule 1 Form 1 to the other party to the contract.

(2) If the builder does not give the notice to the other party to the contract before the contract is entered into and the other party is not a developer of the development, the other party (the purchaser) may rescind the contract.

(3) To rescind the contract, the purchaser must give notice of the exercise of the right to rescind to the builder, before the earlier of —

(a) the expiration of one month after the day on which the notice referred to in subregulation (1) is received by the purchaser; or

(b) settlement.

[Regulation 4 amended: Gazette 16 Nov 2004 p. 5049; 11 May 2012 p. 2060.]

5. Exemption from Part 3A of Act — no contracts entered into at time building permit granted

(1) This regulation applies to residential building work for or in respect of a multi‑storey multi‑unit development if —

(a) a building permit for the work is to be granted; and

(b) at the time the building permit is to be granted, there is to be in force —

(i) no building contract relating to the work; and

(ii) no sale contract relating to the development to which the builder is a party.

(2) The residential building work is exempt from the requirements of Part 3A of the Act.

[Regulation 5 inserted: SL 2024/287 r. 4.]

6. Exemption from Part 3A of the Act — contracts entered into after building licence issued or building permit granted

(1A) In this regulation —

commencement day means the day on which the Building Act 2011 section 20 comes into operation;

former exemption means an exemption from Part 3A of the Act under regulation 4 or 5 as in force immediately before commencement day.

(1) The exemption under regulation 4 or 5 of particular residential building work ceases if, before entering into a building contract or sale contract in respect of the building work after the building permit for the building work is granted, the builder does not give a notice in the form set out in Schedule 1 Form 1 to the other party to the contract.

(2A) A former exemption of particular residential building work ceases if, before entering into a building contract or sale contract in respect of the building work after a building licence for the building work was issued, the builder does not give a notice in the form set out in Schedule 1 Form 1 to the other party to the contract.

(2) Residential building work that is not exempt from Part 3A of the Act because of subregulation (1) or (2A) becomes exempt again when the builder has given a notice in the form set out in Schedule 1 Form 1 to the other party to each contract referred to in subregulation (1) or (2A) for which the builder did not give such a notice before entering into the contract.

(3) If the party to a contract referred to in subregulation (2) is not a developer of the development, the party (the purchaser) may rescind the contract.

(4) To rescind the contract, the purchaser must give notice of the exercise of the right to rescind to the builder, before the earlier of —

(a) the expiration of one month after the day on which the notice referred to in subregulation (1) or (2A) is received by the purchaser; or

(b) settlement.

[Regulation 6 amended: Gazette 16 Nov 2004 p. 5049; 11 May 2012 p. 2060‑1.]

7. Giving a copy of the builder’s notice to a purchaser — developers

(1) This regulation applies to a developer of a multi‑storey multi‑unit development who is given a notice under regulation 4(1), or 6(1), (2A) or (2) (the builder’s notice).

(2) After receiving the builder’s notice, the developer must —

(a) before entering into a sale contract in respect of the development, give a copy of the builder’s notice to the other party to the sale contract (the purchaser) if settlement is to occur within 6 years of practical completion of the building work in respect of which the builder’s notice was given; and

(b) give a copy of the builder’s notice to each person (each purchaser) with whom the developer has already entered into a sale contract in respect of the development, within 10 days after the day on which the developer received the builder’s notice.

Penalty for this subregulation: a fine of $5 000.

(3) If the developer fails to comply with subregulation (2)(a) the purchaser may rescind the sale contract.

(4) A purchaser referred to in subregulation (2)(b) may rescind the sale contract unless the developer gave the purchaser a notice in the form set out in Schedule 1 Form 2 before the purchaser and the developer entered into the sale contract.

(5) A purchaser who may rescind a sale contract under subregulation (4) may not do so until the purchaser has received the copy of the builder’s notice referred to in subregulation (2)(b) or the 10 days referred to in subregulation (2)(b) have elapsed.

(6) To rescind a sale contract, a purchaser must give notice of the exercise of the right to rescind to the developer, before the earlier of —

(a) the expiration of one month after the day upon which the purchaser received the copy of the builder’s notice; or

(b) settlement.

[Regulation 7 inserted: Gazette 16 Nov 2004 p. 5050; amended: Gazette 11 May 2012 p. 2061; SL 2024/287 r. 5.]

7A. Giving a copy of the builder’s notice to a purchaser — persons other than developers

(1) This regulation applies to a person, other than a developer, who is given a notice under regulation 4(1), or 6(1), (2A) or (2) (the builder’s notice).

(2) After receiving the builder’s notice, the person must, before entering into a sale contract in respect of the building work, give a copy of the builder’s notice to the party to the sale contract if settlement is to occur within 6 years of practical completion of the building work in respect of which the builder’s notice was given.

[Regulation 7A inserted: Gazette 16 Nov 2004 p. 5051; amended: Gazette 11 May 2012 p. 2061.]

8. Form of notice of exercise of right to rescind

A purchaser may give notice of the exercise of the right to rescind to the builder or developer in the form set out at the end of Schedule 1 Form 1.

[Regulation 8 amended: Gazette 16 Nov 2004 p. 5051.]

Part 3 — Leased retirement villages

[Heading inserted: Gazette 8 Apr 2003 p. 1100.]

9. Exemption — leased retirement villages

(1) Residential building work that relates to the construction of a retirement village is exempt from the requirements of Part 3A of the Act if —

(a) the owner of the retirement village intends the retirement village to be a leased retirement village; and

(b) before a building permit for the residential building work is granted —

(i) the owner has lodged with the Registrar of Titles a memorial to the effect that there is no home indemnity insurance in respect of the dwellings in the retirement village; and

(ii) a statutory declaration by the owner that complies with subregulation (2) has been given to the permit authority that is to grant the building permit.

(2) In the statutory declaration referred to in subregulation (1)(b)(ii) the owner must verify that —

(a) the owner intends the retirement village to be a leased retirement village; and

(b) the owner has lodged a memorial with the Registrar of Titles in accordance with this regulation.

(3) A permit authority may rely upon a statutory declaration referred to in subregulation (2) as proof that the memorial has been lodged.

(4) A memorial under subregulation (1)(b)(i) is to be in a form approved by the Registrar of Titles.

(5) The Registrar of Titles must, on payment of the appropriate fee, register the memorial against the relevant land.

(6) The Registrar of Titles may cancel the registration of the memorial after 6 years from the day of practical completion of the leased retirement village.

(7) This regulation does not apply to residential building work for which a building permit has been granted before this regulation commences.

[Regulation 9 inserted: Gazette 8 Apr 2003 p. 1100‑1; amended: Gazette 11 May 2012 p. 2061‑2; SL 2024/287 r. 6.]

10. Sale of dwellings in leased retirement village within 6 years of practical completion

(1) If residential building work for a retirement village was exempt from the requirements of Part 3A of the Act under regulation 9(1), whether before or after the commencement day as defined in regulation 6(1A), the owner of the retirement village must not enter into a sale contract for one or more dwellings in the retirement village, within 6 years of the day of practical completion, unless —

(a) a policy of insurance that complies with subregulation (2) is in force in relation to the residential building work or corresponding cover that complies with subregulation (3) is provided in relation to the residential building work; and

(b) the purchaser has been given a certificate, in a form approved by the Minister, which evidences the taking out of the policy or the provision of the corresponding cover.

Penalty for this subregulation: a fine of $5 000.

(2) The policy of insurance referred to in subregulation (1)(a) complies with this subregulation if —

(a) it insures the purchaser and the purchaser’s successors in title against the risk of being unable to take advantage of an entitlement to, or to enforce or recover under, a building remedy order as defined in the Building Services (Complaint Resolution and Administration) Act 2011 section 3 by reason of the insolvency or death of the builder who carried out the residential building work or by reason of the fact that, after due search and enquiry, that builder cannot be found;

(b) it provides that claims may be made under it at any time before the expiration of a period of 6 years from the day of practical completion;

(i) at least $100 000 or such other amount as is prescribed; or

(ii) the cost of the building work,

whichever is the lesser; and

(d) it is issued by or on behalf of an insurer who is —

(i) authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business; and

(ii) approved in writing by the Minister.

(3) The corresponding cover referred to in subregulation (1)(a) complies with this subregulation if the cover is provided by an approved fund and the purchaser, and the purchaser’s successors in title, are in the same position that they would be if a policy of insurance that complies with subregulation (2) were in force in relation to the residential building work.

[Regulation 10 inserted: Gazette 8 Apr 2003 p. 1101‑2; amended: Gazette 11 May 2012 p. 2062; SL 2024/287 r. 7.]

Part 4 — Housing Authority

[Heading inserted: Gazette 11 May 2012 p. 2062.]

11. Exemption — Housing Authority

(1) Subject to subregulation (2), residential building work carried out by or on behalf of the Housing Authority which relates to a dwelling for letting or leasing is exempt from the requirements of Part 3A of the Act.

(2) The Housing Authority must not enter into a sale contract for the dwelling referred to in subregulation (1), within 6 years from the day of practical completion, unless —

(a) a policy of insurance that complies with subregulation (3) is in force in relation to the residential building work or corresponding cover that complies with subregulation (5) is provided in relation to the residential building work; and

(b) the purchaser has been given a certificate, in a form approved by the Minister, which evidences the taking out of that policy.

(3) The policy of insurance referred to in subregulation (2)(a) complies with this subregulation if —

(b) it provides that claims may be made under it at any time before the expiration of a period of 6 years from the day of practical completion;

(i) at least $100 000 or such other amount as is prescribed; or

(ii) the cost of the building work,

whichever is the lesser; and

(d) it is issued by or on behalf of an insurer who is —

(i) authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business; and

(ii) approved in writing by the Minister.

(4) Where the policy of insurance referred to in subregulation (2) relates to work described in paragraph (b) of the definition of “home building work” in section 3 of the Act, the cost of the building work for the purposes of subregulation (3)(c)(ii) is only the cost of —

(a) placing the dwelling on the land including siting, stumping and any other work in connection with that placement; and

(b) any building work to the dwelling after placement.

(5) The corresponding cover referred to in subregulation (2)(a) complies with this subregulation if the cover is provided by an approved fund and the purchaser, and the purchaser’s successors in title, are in the same position that they would be if a policy of insurance that complies with subregulation (3) were in force in relation to the residential building work.

[(6) deleted]

[Regulation 11 inserted: Gazette 8 Apr 2003 p. 1102‑4; amended: Gazette 11 May 2012 p. 2062‑3.]

Part 5 — Exemption for certain SDA buildings

[Heading inserted: SL 2024/287 r. 8.]

12. Terms used

In this Part —

building owner, in relation to a building, means —

(a) if the building is to be constructed under a residential building work contract — an owner in relation to the contract; and

(b) otherwise — an owner of the land on which the building is to be constructed;

class, followed by a designation, in relation to a building, means a building of the designated class under the Building Code of Australia;

exempt building means a building to which exempt work relates;

exempt work means residential building work that is exempt from the requirements of Part 3A of the Act under regulation 13(1);

HII cover means —

(a) a policy of insurance that complies with section 25D or 25G of the Act; or

(b) corresponding cover;

SDA building means a building enrolled under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Commonwealth) section 26 as a dwelling at which specialist disability accommodation can be provided.

[Regulation 12 inserted: SL 2024/287 r. 8.]

13. Exemption — certain buildings intended to be leased as SDA buildings

(1) Residential building work that relates to the construction of a class 1b building or a class 3 building is exempt from the requirements of Part 3A of the Act if —

(a) the building owner intends the building to be used as an SDA building; and

(b) before a building permit for the residential building work is issued, the building owner gives to the permit authority that is to grant the building permit a statutory declaration by the building owner to the effect that the building owner intends the building to be used as an SDA building.

(2) This regulation does not apply to residential building work in respect of which application is made for a building permit before the day on which the Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024 regulation 3 comes into operation.

[Regulation 13 inserted: SL 2024/287 r. 8.]

14. Obligation to apply for enrolment of exempt building as SDA building

(1) This regulation applies if a building owner in relation to an exempt building makes a statutory declaration referred to in regulation 13(1)(b).

(2) The building owner must ensure that, within the period of 12 months from the day of practical completion, an application is made under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Commonwealth) section 25 to enrol the exempt building as an SDA building.

Penalty for this subregulation: a fine of $5 000.

(3) It is a defence to a charge under subregulation (2) to prove that the person charged has a reasonable excuse that arises out of events —

(a) that occur after the making of the statutory declaration; and

(b) that the person charged could not reasonably have foreseen, avoided or anticipated.

[Regulation 14 inserted: SL 2024/287 r. 8.]

15. Sale of exempt building within 6 years of practical completion

(1) In this regulation —

relevant period, in relation to an exempt building, means —

(a) if the exempt work is work to which Part 3A Division 2 of the Act applies — the period of 6 years from the day of practical completion of the work; and

(b) if the exempt work is work to which Part 3A Division 3 of the Act applies — the period of 7 years from the date of grant of the building permit for the work.

(2) A person must not, within the relevant period, enter into a contract to sell an exempt building or any part of it unless the person has notified the purchaser in writing that HII cover is not in force in respect of the exempt building.

Penalty for this subregulation: a fine of $5 000.

[Regulation 15 inserted: SL 2024/287 r. 8.]

Schedule 1 — Notices

[Heading inserted: Gazette 16 Nov 2004 p. 5051.]

Form 1

[r. 4(1), 6(1) and (2)]

Home Building Contracts Act 1991

Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002

Builder’s notice

Important notice about home indemnity insurance for multi‑storey multi‑unit developments

*The development or dwelling unit concerned*

This notice is about ..........................................................................

..........................................................................................................

[insert details of the development/dwelling unit]

*Background to home indemnity insurance*

2. The Home Building Contracts Act 1991 requires that the builder take out home indemnity insurance for residential building work costing over $20 000, unless there is an exemption.

Generally, home indemnity insurance covers the person for whom the builder is doing the work against financial loss if the builder is unable to complete the work or meet a valid claim for faulty workmanship because the builder has died, disappeared or become insolvent. The insurance also covers any other person obtaining the property from that person. In most cases the insurance policy must cover the construction period and the 6 years after practical completion of the building work.
Residential building work done under a cost plus contract is usually only insured for faulty workmanship.

Exemptions from the requirement to have insurance
Building work on multi‑storey multi‑unit developments is exempt from the requirement for the builder to take out home indemnity insurance, provided that the builder gives this notice in accordance with the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002.
A person who receives this notice from the builder is required by the regulations to give a copy of it to any person who intends to purchase a unit in the development from that person, before they enter into a contract for the sale of the unit.

Why did you get this notice?
You have been given this notice, or a copy of it, because you may enter into a contract, or have a contract, with the person who gave you the notice. It is to notify you that the builder who is doing, or has done, the building work has not taken out home indemnity insurance for the building work.
That means that the person for whom the builder is doing, or has done, the building work (and any person obtaining the property from that person) is not insured against financial loss if the builder is unable to complete the work or meet a valid claim for faulty workmanship because the builder has died, disappeared or become insolvent.

You may have the right to rescind your contract to purchase a unit in the development
If you received this notice, or a copy of it, after you entered into the contract and you are not a developer of the development, you have a right to rescind the contract (in accordance with the regulations) unless you were given a developer’s notice before you entered into the contract.
If you have a right to rescind the contract —

(a) you may end the contract;

(b) you have a right to get your deposit and any other payments made to the builder or developer with whom you have the contract towards the construction, alteration or purchase of the dwelling unit back from the builder or developer; and

*If you want to rescind the contract*

11. If you want to rescind the contract you must give the builder or developer with whom you have the contract a “Notice of exercise of right to rescind” before —

(a) the end of one month after the day on which you received this notice; or

(b) settlement,

whichever is the earlier.

The “Notice of exercise of right to rescind” is set out below.

*For example*: you receive a copy of this notice on 21 June, the one month starts on 22 June and ends on 21 July. To exercise your right to rescind, the builder or developer must receive your Notice of exercise of right to rescind on or before 21 July, or before settlement if settlement is going to take place before the end of 21 July.

*Other matters*

12. Just because you have been given this notice, or a copy of it, does not necessarily mean that the person who gave it to you is at fault.

If you are in doubt about your rights, or you don’t understand this notice, you should seek legal advice.

...............................................................................................................Builder
Date ..........................................
I acknowledge that I have read this notice:
................................................................................................................Person to whom the builder has given this notice
Date ..........................................
*I acknowledge that I have read this notice:
................................................................................................................Person receiving this copy of the notice
Date ..........................................

*Complete or delete as necessary.

Notice of exercise of right to rescind

To ................................................................................................................

[name of builder or developer]

*I/We .................................................................................................[insert

name(s)] rescind the contract dated ............................ [insert date] for the

*construction/purchase of the ......................................................................

......................................................................................................................

[insert details of the development / unit(s)]

.................................................................................................................Person rescinding the contract
Date ..................................
NB: You should make sure that you have some evidence of the time and date on which you sent or gave this notice.

*Complete or delete as necessary.

[Form 1 amended: Gazette 8 Apr 2003 p. 1104; 16 Nov 2004 p. 5051; 21 Dec 2007 p. 6319; SL 2024/287 r. 9.]

Form 2

[r. 7(4)]

Home Building Contracts Act 1991

Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002

Developer’s notice

Important notice about home indemnity insurance for
multi‑storey multi‑unit developments where a developer sells
off‑the‑plan to a purchaser before engaging a builder

The development or dwelling unit concerned

This notice is about ..........................................................................

..........................................................................................................

[insert details of the development/dwelling unit]

Background to home indemnity insurance

The Home Building Contracts Act 1991 requires that the builder take out home indemnity insurance for residential building work costing over $20 000, unless there is an exemption.
Generally, home indemnity insurance covers the person for whom the builder is doing the work against financial loss if the builder is unable to complete the work or meet a valid claim for faulty workmanship because the builder has died, disappeared or become insolvent. The insurance also covers any other person (in this case, you) obtaining the property from that person. In most cases the insurance policy must cover the construction period and the 6 years after practical completion of the building work.

Exemption from the requirement to have insurance

Building work on multi‑storey multi‑unit developments is exempt from the requirement for the builder to take out home indemnity insurance, provided that the builder of the development gives a notice (known as a builder’s notice) to the person for whom the builder is doing the work. See the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002.
Once the developer engages a builder and the builder has given the developer the builder’s notice, the developer must give you a copy of the builder’s notice within 10 days after receiving the notice.

Why did you get this notice?

This notice is to warn you that —

(a) the developer has not yet engaged a builder to carry out the building work for the development;

(b) it is likely that the builder will not take out home indemnity insurance for the building work; and

(c) you may not be in a position to assess the risk resulting from the builder not having home indemnity insurance for the building work (should that be the case).

If the builder does not have home indemnity insurance for the building work it means that —

(a) the developer; and

(b) you, as a person purchasing the property from the developer,

are not insured against financial loss if the builder is unable to meet a valid claim for faulty workmanship because the builder has died, disappeared or become insolvent.

If you are in doubt about your rights, or you don’t understand this notice, you should seek legal advice or contact the Department of Commerce Call Centre on 1300 30 40 54 (local call).

............................................................................................................

Developer

Date ..........................................

I acknowledge that I have read this notice:

...........................................................................................................

Person to whom the developer has given this notice

Date ..........................................

[Form 2 inserted: Gazette 16 Nov 2004 p. 5052‑3; amended: Gazette 21 Dec 2007 p. 6320; 11 May 2012 p. 2063.]

View image in the official source

Notes

This is a compilation of the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Home Building Contracts (Home Indemnity Insurance — Multi‑storey Multi‑unit Developments Exemption) Regulations 2002 1	19 Apr 2002 p. 2103‑15	20 Apr 2002 (see r. 2)
Home Building Contracts (Home Indemnity Insurance — Multi‑storey Multi‑unit Developments Exemption) Amendment Regulations 2003 r. 1‑9	8 Apr 2003 p. 1099‑104	9 Apr 2003 (see r. 2)
Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2004	16 Nov 2004 p. 5049‑53	16 Nov 2004
*Reprint 1: The Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002* as at 23 Nov 2007** (includes amendments listed above)
Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2007	21 Dec 2007 p. 6319-20	r. 1 and 2: 21 Dec 2007 (see r. 2(a));<br>Regulations other than r. 1 and 2: 22 Dec 2007 (see r. 2(b))
Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2012 2	11 May 2012 p. 2059‑63	r. 1 and 2: 11 May 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 12 May 2012 (see r. 2(b))
Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2024	SL 2024/287 18 Dec 2024	r. 1 and 2: 18 Dec 2024 (see r. 2(a); Regulations other than r. 1 and 2: 19 Dec 2024 (see r. 2(b))

Other notes

1 Now known as the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002; citation changed (see note under r. 1).

2 The Home Building Contracts (Home Indemnity Insurance Exemptions) Amendment Regulations 2012 r. 6(b) is not included because of an error in the reference to the provision to be amended.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

basement storey 3(1)

builder’s notice 7(1), 7A(1)

Building Code of Australia 3(1)

building contract 3(1)

building owner 12

class 12

commencement day 6(1A)

developer 3(1)

exempt building 12

exempt work 12

former exemption 6(1A)

HII cover 12

home indemnity insurance 3(1)

Housing Authority 3(1)

leased retirement village 3(1)

multi-storey multi-unit development 3(1)

practical completion 3(1)

purchaser 4(2), 6(3), 7(2)

relevant period 15(1)

rescind 3(1)

residential tenancy agreement 3(1)

retired person 3(1)

retirement village 3(1)

rise in storeys 3(1)

sale contract 3(1)

SDA building 12

settlement 3(1)

storey 3(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Home Building Contracts Act 1991

Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002

Western Australia

Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used in these regulations 1

Part 2 — Multi‑storey multi‑unit developments

Exemption from Part 3A of the Act — contracts entered into before building permit granted 4
Exemption from Part 3A of Act — no contracts entered into at time building permit granted 5
Exemption from Part 3A of the Act — contracts entered into after building licence issued or building permit granted 5
Giving a copy of the builder’s notice to a purchaser — developers 6

7A. Giving a copy of the builder’s notice to a purchaser — persons other than developers 7

Form of notice of exercise of right to rescind 8

Part 3 — Leased retirement villages

Exemption — leased retirement villages 9
Sale of dwellings in leased retirement village within 6 years of practical completion 10

Part 4 — Housing Authority

Exemption — Housing Authority 12

Part 5 — Exemption for certain SDA buildings

Terms used 14
Exemption — certain buildings intended to be leased as SDA buildings 15
Obligation to apply for enrolment of exempt building as SDA building 15
Sale of exempt building within 6 years of practical completion 16