QLDIn ForceRegulation
Queensland Building and Construction Commission Regulation 2018
sch.6-sec.7Assistance for completion of work
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### sch.6-sec.7 Assistance for completion of work
The consumer is entitled to claim assistance for the reasonable cost of completing the residential construction work.
However, the consumer is not entitled to claim the assistance if—
the residential construction work is prohibited under a relevant law; or
approval required to complete the residential construction work under a relevant law can not be obtained.
If the consumer is not entitled to claim assistance as mentioned in subsection (2) , the consumer is entitled to claim the following assistance—
the reasonable cost of demolishing the built work;
an amount equivalent to the amount the consumer has paid under the contract, when the claim is made, for the built work that is demolished.
However, the consumer is not entitled to claim the assistance mentioned in subsection (3) if—
the residential construction work is prohibited under a relevant law; and
the consumer assisted, authorised or encouraged the contravention of the relevant law.
The assistance mentioned in subsection (1) or (3) the consumer is entitled to claim in relation to the residential construction work must be reduced by—
for assistance mentioned in subsection (1) —the consumer’s liability amount for the work; and
if the consumer makes a payment to, or for, the licensed contractor for the work before the payment is due under the contract—the reasonable cost of completing the work for which the payment was made; and
if the insurable value of the work exceeds the contract price for the work by more than 30%—the amount by which the insurable value of the work exceeds the contract price.
No assistance can be given to the consumer unless the consumer makes a claim mentioned in this section before the day that is 3 months after the day the contract for the work ends.
In this section—
relevant law , for residential construction work, means—
the Queensland Heritage Act 1992 ; or
the Planning Act 2016 .
(sch.6-sec.7-ssec.1) The consumer is entitled to claim assistance for the reasonable cost of completing the residential construction work.
(sch.6-sec.7-ssec.2) However, the consumer is not entitled to claim the assistance if— the residential construction work is prohibited under a relevant law; or approval required to complete the residential construction work under a relevant law can not be obtained.
(sch.6-sec.7-ssec.3) If the consumer is not entitled to claim assistance as mentioned in subsection (2) , the consumer is entitled to claim the following assistance— the reasonable cost of demolishing the built work; an amount equivalent to the amount the consumer has paid under the contract, when the claim is made, for the built work that is demolished.
(sch.6-sec.7-ssec.4) However, the consumer is not entitled to claim the assistance mentioned in subsection (3) if— the residential construction work is prohibited under a relevant law; and the consumer assisted, authorised or encouraged the contravention of the relevant law.
(sch.6-sec.7-ssec.5) The assistance mentioned in subsection (1) or (3) the consumer is entitled to claim in relation to the residential construction work must be reduced by— for assistance mentioned in subsection (1) —the consumer’s liability amount for the work; and if the consumer makes a payment to, or for, the licensed contractor for the work before the payment is due under the contract—the reasonable cost of completing the work for which the payment was made; and if the insurable value of the work exceeds the contract price for the work by more than 30%—the amount by which the insurable value of the work exceeds the contract price.
(sch.6-sec.7-ssec.6) No assistance can be given to the consumer unless the consumer makes a claim mentioned in this section before the day that is 3 months after the day the contract for the work ends.
(sch.6-sec.7-ssec.7) In this section— relevant law , for residential construction work, means— the Queensland Heritage Act 1992 ; or the Planning Act 2016 .
- (a) the residential construction work is prohibited under a relevant law; or
- (b) approval required to complete the residential construction work under a relevant law can not be obtained.
- (a) the reasonable cost of demolishing the built work;
- (b) an amount equivalent to the amount the consumer has paid under the contract, when the claim is made, for the built work that is demolished.
- (a) the residential construction work is prohibited under a relevant law; and
- (b) the consumer assisted, authorised or encouraged the contravention of the relevant law.
- (a) for assistance mentioned in subsection (1) —the consumer’s liability amount for the work; and
- (b) if the consumer makes a payment to, or for, the licensed contractor for the work before the payment is due under the contract—the reasonable cost of completing the work for which the payment was made; and
- (c) if the insurable value of the work exceeds the contract price for the work by more than 30%—the amount by which the insurable value of the work exceeds the contract price.
- (a) the Queensland Heritage Act 1992 ; or
- (b) the Planning Act 2016 .