QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sch.1B-sec.27Warranties run with building
Start here
Get a plain-English read of sch.1B-sec.27
Turn the raw legal text into a practical explanation grounded in Queensland Building and Construction Commission Act 1991.
### sch.1B-sec.27 Warranties run with building
An associated person for a regulated contract has the same rights for a breach of a warranty mentioned in division 2 or schedule section 23 or 24 as if the person were the building owner.
However, subsection (1) applies to the associated person—
only if, at the relevant time, the person did not know, and could not reasonably have known, of the existence of the breach; and
only to the extent the rights are rights that, immediately before the person became an associated person for the contract, were held by—
the building owner; or
another associated person for the contract.
In this section—
associated person , for a regulated contract, means a person, other than the building owner, who is the owner for the time being of the building in relation to which, or land on which, the subject work was carried out.
relevant time , for an associated person, for a regulated contract, means the time the person entered into the agreement under which the person became an associated person for the contract.
sch 1B s 27 ins 2014 No. 57 s 60
(sch.1B-sec.27-ssec.1) An associated person for a regulated contract has the same rights for a breach of a warranty mentioned in division 2 or schedule section 23 or 24 as if the person were the building owner.
(sch.1B-sec.27-ssec.2) However, subsection (1) applies to the associated person— only if, at the relevant time, the person did not know, and could not reasonably have known, of the existence of the breach; and only to the extent the rights are rights that, immediately before the person became an associated person for the contract, were held by— the building owner; or another associated person for the contract.
(sch.1B-sec.27-ssec.3) In this section— associated person , for a regulated contract, means a person, other than the building owner, who is the owner for the time being of the building in relation to which, or land on which, the subject work was carried out. relevant time , for an associated person, for a regulated contract, means the time the person entered into the agreement under which the person became an associated person for the contract.
- (a) only if, at the relevant time, the person did not know, and could not reasonably have known, of the existence of the breach; and
- (b) only to the extent the rights are rights that, immediately before the person became an associated person for the contract, were held by— (i) the building owner; or (ii) another associated person for the contract.
- (i) the building owner; or
- (ii) another associated person for the contract.
- (i) the building owner; or
- (ii) another associated person for the contract.