Part 6Residential building work—

Part 6 Residential building work— warranties, conditions, insurance etc

Amendment [2.12] [2.12] Section 84, new definitions property developer, in relation to residential building work— (a) means— (i) a person who contracts or arranges for, or facilitates or otherwise causes (whether directly or indirectly) the building work to be carried out; or (ii) the owner of the land on which the building work is carried out when the building work is carried out; or (iii) a person prescribed by regulation; but (b) does not include— (i) the Territory, the Commonwealth or a State; or Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (ii) a territory entity or a Commonwealth or State entity; or (iii) a person excluded by regulation.

Amendment [2.13] [2.13] New section 88 (2A) (2A) If a property developer arranges for the residential building work the subject of the contract mentioned in subsection (1) (the building contract) to be carried out, for any part of the work that is residential building work as defined in the Property Developers Act 2024— (a) the building contract also contains a warranty by the property developer in relation to the matters mentioned in subsection (2) (a) to (d); and (b) the warranty under paragraph (a) is in addition to and does not limit the warranty by the builder under subsection (2); and (c) the warranty by the builder under subsection (2) does not limit the warranty by the property developer under paragraph (a). [2.14] New section 88 (4A) and (4B) (4A) Subsection (2A) does not apply to a building contract entered into before the commencement of this subsection. (4B) Subsection (4A) and this subsection expire 5 years after the day they commence. Note Subsection (4A) continues to have effect after its expiry (see Legislation Act, s 88). [2.15] Section 89 heading 89 Builder’s and property developer’s liability

Amendment [2.16] [2.16] Section 89 after a builder or a property developer [2.17] New division 6.2B