44Correction of minor defects and omissions

44 Correction of minor defects and omissions

(1)  In this section –

completion day, in relation to a residential building work contract, means the day when the residential building work to be performed under the contract is completed –

(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.

(2)  If, on or after the completion day in relation to a residential building work contract –

(a) the owner claims there are minor defects or minor omissions (other than minor defects, or minor omissions, that will not unreasonably affect occupation) in relation to the residential building work performed under the contract; and

(b) the building contractor agrees that there are minor defects or minor omissions (other than minor defects, or minor omissions, that will not unreasonably affect occupation) in relation to the residential building work performed under the contract –

the building contractor, as soon as practicable, must give to the owner a defects document in relation to the minor defects or minor omissions.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 800 penalty units; or

(b) an individual, a fine not exceeding 300 penalty units.

(3)  A building contractor, as soon as practicable, but in any case within 6 months, after giving to an owner a defects document in relation to a minor defect or minor omission, must take all reasonable steps to correct the defect or the omission.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 800 penalty units; or

(b) an individual, a fine not exceeding 300 penalty units.

(4)  A building contractor –

(a) does not commit an offence under ; and