sch.1B-sec.1Definitions for sch 1B

### sch.1B-sec.1 Definitions for sch 1B In this schedule— building includes— a structure, including a temporary building and other temporary structure; and a part of a structure. building contractor means a person who— carries out domestic building work; or manages the carrying out of domestic building work; or has carried out, or managed the carrying out of, domestic building work; or intends to carry out, or to manage the carrying out of, domestic building work. building owner means the person for whom domestic building work has been, is being, or is to be, carried out. building site means a place where domestic building work has been, is being, or is to be, carried out. certificate of inspection , for a regulated contract, means a certificate that— is issued under an Act following an inspection of the subject work or a part of the subject work; and contains a certification to the effect that the subject work, or a stated stage of the subject work, has been satisfactorily completed. consumer building guide means a statement prepared and published by the commission under schedule section 46 (1) . contracted services , for a domestic building contract, means the thing done, being done or to be done by the building contractor under the contract in relation to domestic building work, being either— the carrying out of the work; or the managing of the carrying out of the work. contract price , for a domestic building contract, see schedule section 2 . cost plus contract means a domestic building contract under which the amount the building contractor is to receive under the contract can not be accurately calculated when the contract is entered into, even if prime cost items and provisional sums are ignored. defects document , for a domestic building contract, means a document that— lists the minor defects and minor omissions in the subject work that the building contractor and building owner agree exist; and states when the building contractor is to remedy the minor defects and minor omissions mentioned in paragraph (a) ; and lists the minor defects and minor omissions that the building owner claims exist and the building contractor does not agree exist; and is signed by the building contractor. detached dwelling means— a single detached dwelling; or a duplex. development approval ... sch 1B s 1 def development approval om 2016 No. 27 s 375 domestic building contract see schedule section 3 . domestic building work see schedule section 4 . draftsperson means a person who holds a contractor’s licence authorising the person to prepare plans and specifications for domestic building work. excluded building work means any of the following work— work relating to any of the following buildings— a farm building, or proposed farm building, that is not a home; a building intended to be used only for business purposes; a building intended to be used only to accommodate animals; design work carried out by an architect, engineer or draftsperson; the preparation of plans, specifications or bills of quantity for the carrying out of domestic building work; work involved in obtaining foundations data about a building site; transporting a building or kit home; work declared under a regulation to be excluded building work if there are reasonable grounds for considering the work to be excluded building work. farm building means a building that— is constructed on land used entirely or mainly for agricultural or pastoral purposes; and is used, or intended to be used, for agricultural or pastoral purposes. foundations data see schedule section 8 . home see schedule section 9 . level 1 regulated contract see schedule section 6 . level 2 regulated contract see schedule section 7 . manage , the carrying out of domestic building work, includes the provision of supervisory, advisory or administrative services for carrying out the work. mixed-purpose contract means a contract entered into between a building contractor and building owner that entitles the building contractor to be paid for both of the following— carrying out, or managing the carrying out of, domestic building work; additional services. practical completion , for a domestic building contract, means the day when the subject work is completed— in compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and without any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect occupation; and if the building owner claims there are minor defects or minor omissions—the building contractor gives the building owner a defects document for the minor defects or minor omissions. prime cost item , for a domestic building contract, means an item, including, for example, a fixture or fitting— that has not been selected, or the price of which is not known, when the contract is entered into; and for the cost of supply and delivery of which a reasonable allowance is, or is to be, made in the contract by the building contractor. progress payment , for a regulated contract, means a payment of an amount that is a part of the contract price for the contract, but does not include a payment of an amount that is, or is in the nature of, a deposit under the contract. provisional sum , for a domestic building contract, see schedule section 10 . reasonably believes ... sch 1B s 1 def reasonably believes om 2017 No. 29 s 34 sch 1 regulated amount means $3,300 or the higher amount, if any, prescribed by a regulation. regulated contract see schedule section 5 . resident owner , under a domestic building contract, means a building owner who— is an individual; and intends to reside in the building— on completion of the domestic building work; or within 6 months after the completion of the work. schedule section , in relation to a reference, means the section of this schedule corresponding to the reference. Schedule section 14 means section 14 of this schedule. statutory warranties means the warranties that are part of a regulated contract because of schedule section 19 . subcontractor means a person who enters into a contract with a building contractor to carry out domestic building work to be carried out under a domestic building contract. subject work , for a domestic building contract, means— the domestic building work carried out, being carried out or to be carried out under the contract; or the domestic building work the carrying out of which has been, is being or is to be managed under the contract. written form ... sch 1B s 1 def written form om 2025 No. 14 s 85T sch 1B s 1 ins 2014 No. 57 s 60 - (a) a structure, including a temporary building and other temporary structure; and - (b) a part of a structure. - (a) carries out domestic building work; or - (b) manages the carrying out of domestic building work; or - (c) has carried out, or managed the carrying out of, domestic building work; or - (d) intends to carry out, or to manage the carrying out of, domestic building work. - (a) is issued under an Act following an inspection of the subject work or a part of the subject work; and - (b) contains a certification to the effect that the subject work, or a stated stage of the subject work, has been satisfactorily completed. - (a) the carrying out of the work; or - (b) the managing of the carrying out of the work. - (a) lists the minor defects and minor omissions in the subject work that the building contractor and building owner agree exist; and - (b) states when the building contractor is to remedy the minor defects and minor omissions mentioned in paragraph (a) ; and - (c) lists the minor defects and minor omissions that the building owner claims exist and the building contractor does not agree exist; and - (d) is signed by the building contractor. - (a) a single detached dwelling; or - (b) a duplex. - (a) work relating to any of the following buildings— (i) a farm building, or proposed farm building, that is not a home; (ii) a building intended to be used only for business purposes; (iii) a building intended to be used only to accommodate animals; - (i) a farm building, or proposed farm building, that is not a home; - (ii) a building intended to be used only for business purposes; - (iii) a building intended to be used only to accommodate animals; - (b) design work carried out by an architect, engineer or draftsperson; - (c) the preparation of plans, specifications or bills of quantity for the carrying out of domestic building work; - (d) work involved in obtaining foundations data about a building site; - (e) transporting a building or kit home; - (f) work declared under a regulation to be excluded building work if there are reasonable grounds for considering the work to be excluded building work. - (i) a farm building, or proposed farm building, that is not a home; - (ii) a building intended to be used only for business purposes; - (iii) a building intended to be used only to accommodate animals; - (a) is constructed on land used entirely or mainly for agricultural or pastoral purposes; and - (b) is used, or intended to be used, for agricultural or pastoral purposes. - (a) carrying out, or managing the carrying out of, domestic building work; - (b) additional services. - (a) in compliance with the contract, including all plans and specifications for the work and all statutory requirements applying to the work; and - (b) without any defects or omissions, other than minor defects or minor omissions that will not unreasonably affect occupation; and - (c) if the building owner claims there are minor defects or minor omissions—the building contractor gives the building owner a defects document for the minor defects or minor omissions. - (a) that has not been selected, or the price of which is not known, when the contract is entered into; and - (b) for the cost of supply and delivery of which a reasonable allowance is, or is to be, made in the contract by the building contractor. - (a) is an individual; and - (b) intends to reside in the building— (i) on completion of the domestic building work; or (ii) within 6 months after the completion of the work. - (i) on completion of the domestic building work; or - (ii) within 6 months after the completion of the work. - (i) on completion of the domestic building work; or - (ii) within 6 months after the completion of the work. - (a) the domestic building work carried out, being carried out or to be carried out under the contract; or - (b) the domestic building work the carrying out of which has been, is being or is to be managed under the contract.