Home Building Contracts Act 1991 (WA)

Western Australia Home Building Contracts Act 1991 Western Australia Home Building Contracts Act 1991 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 — Home building work contracts 4. Contracts to be in writing; prescribed explanatory notice to be given 6 5. Owner to be given copy of contract 6 6. Receipt of documents by owner, proof of 7 7. Variation of contract to be in writing and given to owner 7 8. Exceptions to s. 7 and related provisions 8 9. Building permit etc., implied conditions and terms as to 9 10. Deposits and progress payments, limits on terms as to 11 11. Defects, implied condition as to liability for 12 12. Understatement of prime cost items etc. by builder, offence 13 13. Rise‑and‑fall clause prohibited 13 14. Cost plus contracts, requirements as to 15 15. Unconscionable etc. conduct by builder as to contract etc. 15 15A. Misleading or deceptive conduct by builder or owner as to contract 17 Part 3 — Remedies 17. Breach of contract or Part 2, or entitlement to compensation, procedure in case of 18 19. How contract terminated 18 20. Adjustment of rights in certain cases 19 Part 3A — Home indemnity insurance and corresponding cover Division 1 — Introduction 25A. Terms used 20 Division 2 — Builders 25B. Application of this Division 24 25C. Builder doing residential building work without insurance or corresponding cover, offence 25 25D. Insurance policy for this Division, terms of 26 25DA. Corresponding cover by an approved fund for builders 29 Division 3 — Owner‑builders 25E. Application of this Division 30 25F. Sale by owner‑builder, restrictions on 30 25FA. Sale by certain owner-builders, further restrictions on 31 25G. Insurance policy for this Division, terms of 32 25GA. Corresponding cover by an approved fund for owner‑builders 33 Division 3A — Approved funds 25GB. Approval of fund by Minister 34 25GC. Certain changes to approved fund require Minister's consent 35 25GD. Approval of fund, revoking 35 Division 4 — Review 25H. Review of this Part by Minister 35 Division 5 — Provisions about non‑application of sections 25C(1) and (2) and 25F(1) 25I. Periods for s. 25C(3) and 25F(2), Minister may specify 36 25J. Contracts with builders, builders to give prescribed notice to other party 36 25K. Sale contract with owner-builder, owner-builder to give prescribed notice to other party 38 25L. Subsequent purchaser to be given notice given under s. 25J in some cases 38 Part 4 — General 26. Inspection by owner etc. of building work, prevention of etc. 39 27. Breach of Act, effect of on contract 39 28. Contracting out prohibited 40 29. Other laws not affected 40 30. Liability of officers for offence by body corporate 40 31. Prosecutions 41 31B. Infringement notices 41 32. Regulations 43 33. Retrospectivity of Act 44 34. Review of Act 44 Schedule 1 — Consequences of non‑fulfilment of conditions 1. Condition in s. 9(1), non-fulfilment of by builder 46 2. Condition in s. 9(1), non-fulfilment of by owner 46 3. Condition in s. 9(1), non-fulfilment of by builder and owner 46 4. Rights of builder and owner if cl. 2 or 3 or s. 13(4)(c) applies 46 5. Price increase, review of 47 Notes Compilation table 48 Other notes 50 Defined terms Western Australia Home Building Contracts Act 1991 An Act for the regulation of contracts between consumers and builders for the performance of certain home building work, to make provision for home indemnity insurance and funds providing corresponding cover, and for connected purposes. [Long title amended: No. 72 of 1996 s. 4; No. 37 of 2002 s. 4; No. 59 of 2004 s. 141.]