QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.71HWhat is consequential damage
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### sec.71H What is consequential damage
Consequential damage is damage—
caused by, or as a consequence of, carrying out building work at a building site (the relevant site ), regardless of any intention, negligence or recklessness of the person carrying out the work; and
to a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.
In this section—
building work includes any work prescribed by regulation.
damage , to a residential property, includes any of the following—
the impairment of drainage at the property;
the undermining of a fence, retaining wall or other structure along the boundary of the property;
the compromising of the structural integrity of a building, swimming pool or wall on the property;
the cracking, lifting or cratering of a driveway or pathway on the property;
water penetration of the property;
infestation of the property by termites.
residential property includes—
a single detached dwelling or a duplex; or
a lot or the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or
a lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 .
s 71H ins 2014 No. 57 s 37
(sec.71H-ssec.1) Consequential damage is damage— caused by, or as a consequence of, carrying out building work at a building site (the relevant site ), regardless of any intention, negligence or recklessness of the person carrying out the work; and to a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.
(sec.71H-ssec.2) In this section— building work includes any work prescribed by regulation. damage , to a residential property, includes any of the following— the impairment of drainage at the property; the undermining of a fence, retaining wall or other structure along the boundary of the property; the compromising of the structural integrity of a building, swimming pool or wall on the property; the cracking, lifting or cratering of a driveway or pathway on the property; water penetration of the property; infestation of the property by termites. residential property includes— a single detached dwelling or a duplex; or a lot or the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or a lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 .
- (a) caused by, or as a consequence of, carrying out building work at a building site (the relevant site ), regardless of any intention, negligence or recklessness of the person carrying out the work; and
- (b) to a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.
- (a) the impairment of drainage at the property;
- (b) the undermining of a fence, retaining wall or other structure along the boundary of the property;
- (c) the compromising of the structural integrity of a building, swimming pool or wall on the property;
- (d) the cracking, lifting or cratering of a driveway or pathway on the property;
- (e) water penetration of the property;
- (f) infestation of the property by termites.
- (a) a single detached dwelling or a duplex; or
- (b) a lot or the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or
- (c) a lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 .