sch.6-sec.15Assistance for defective work

### sch.6-sec.15 Assistance for defective work The consumer of the residential construction work is entitled to claim assistance for the reasonable cost of the following work ( rectification work )— rectifying the defective work; any other building work reasonably required to be carried out to a relevant building as a consequence of the defective work. work reasonably required to repair a wall in a residence that has cracked because defective work to the concrete slab supporting the wall has resulted in subsidence of the slab However, to the extent all of the following apply to the defective work, the consumer is not entitled to claim assistance mentioned in subsection (1) but may be entitled to claim assistance mentioned in subsection (3) — the primary insurable work is defective because the work does not comply with the plans or specifications for the work; a ceiling constructed at a height of 2.9m when the plans and specifications state a height of 3m the primary insurable work complies with all of the following— the Building Act 1975 ; the Building Code of Australia; the Queensland Development Code; the use of the built work is not significantly affected as a result of the defective work. To the extent subsection (2) applies to the defective work, the consumer is entitled to claim the loss in value of the built work as a result of the defective work. The assistance the consumer is entitled to claim under this section in relation to the residential construction work must be reduced by the consumer’s liability amount for the work. In this section— relevant building means— if primary insurable work was carried out for a residence, other than a residential unit, and paragraph (e) does not apply—the residence; or if primary insurable work was carried out for a related roofed building—the related roofed building; or if primary insurable work was carried out for a swimming pool, other than a swimming pool that is in or on a multiple dwelling—the swimming pool; or if primary insurable work was carried out for a residential unit and paragraph (e) does not apply—the residential unit; or if primary insurable work was carried out for the common property for a community titles scheme and the work was carried out in or on a duplex or multiple dwelling in the scheme—the duplex or multiple dwelling and each residential unit in the duplex or multiple dwelling. sch 6 s 15 amd 2020 SL No. 223 s 33 (sch.6-sec.15-ssec.1) The consumer of the residential construction work is entitled to claim assistance for the reasonable cost of the following work ( rectification work )— rectifying the defective work; any other building work reasonably required to be carried out to a relevant building as a consequence of the defective work. work reasonably required to repair a wall in a residence that has cracked because defective work to the concrete slab supporting the wall has resulted in subsidence of the slab (sch.6-sec.15-ssec.2) However, to the extent all of the following apply to the defective work, the consumer is not entitled to claim assistance mentioned in subsection (1) but may be entitled to claim assistance mentioned in subsection (3) — the primary insurable work is defective because the work does not comply with the plans or specifications for the work; a ceiling constructed at a height of 2.9m when the plans and specifications state a height of 3m the primary insurable work complies with all of the following— the Building Act 1975 ; the Building Code of Australia; the Queensland Development Code; the use of the built work is not significantly affected as a result of the defective work. (sch.6-sec.15-ssec.3) To the extent subsection (2) applies to the defective work, the consumer is entitled to claim the loss in value of the built work as a result of the defective work. (sch.6-sec.15-ssec.4) The assistance the consumer is entitled to claim under this section in relation to the residential construction work must be reduced by the consumer’s liability amount for the work. (sch.6-sec.15-ssec.5) In this section— relevant building means— if primary insurable work was carried out for a residence, other than a residential unit, and paragraph (e) does not apply—the residence; or if primary insurable work was carried out for a related roofed building—the related roofed building; or if primary insurable work was carried out for a swimming pool, other than a swimming pool that is in or on a multiple dwelling—the swimming pool; or if primary insurable work was carried out for a residential unit and paragraph (e) does not apply—the residential unit; or if primary insurable work was carried out for the common property for a community titles scheme and the work was carried out in or on a duplex or multiple dwelling in the scheme—the duplex or multiple dwelling and each residential unit in the duplex or multiple dwelling. - (a) rectifying the defective work; - (b) any other building work reasonably required to be carried out to a relevant building as a consequence of the defective work. - (a) the primary insurable work is defective because the work does not comply with the plans or specifications for the work; Example for paragraph (a) — a ceiling constructed at a height of 2.9m when the plans and specifications state a height of 3m - (b) the primary insurable work complies with all of the following— (i) the Building Act 1975 ; (ii) the Building Code of Australia; (iii) the Queensland Development Code; - (i) the Building Act 1975 ; - (ii) the Building Code of Australia; - (iii) the Queensland Development Code; - (c) the use of the built work is not significantly affected as a result of the defective work. - (i) the Building Act 1975 ; - (ii) the Building Code of Australia; - (iii) the Queensland Development Code; - (a) if primary insurable work was carried out for a residence, other than a residential unit, and paragraph (e) does not apply—the residence; or - (b) if primary insurable work was carried out for a related roofed building—the related roofed building; or - (c) if primary insurable work was carried out for a swimming pool, other than a swimming pool that is in or on a multiple dwelling—the swimming pool; or - (d) if primary insurable work was carried out for a residential unit and paragraph (e) does not apply—the residential unit; or - (e) if primary insurable work was carried out for the common property for a community titles scheme and the work was carried out in or on a duplex or multiple dwelling in the scheme—the duplex or multiple dwelling and each residential unit in the duplex or multiple dwelling.