South Australian Government Gazette

The official publication of the South Australian Government

Building Work Contractors Exemption

Thursday, August 18, 2016

BUILDING WORK CONTRACTORS ACT 1995
Exemption

TAKE notice that, pursuant to Section 45 of the Building Work Contractors Act 1995, I, George Kamencak, Acting Commissioner for Consumer Affairs, do hereby exempt the licensee named in Schedule 1 from the application of Division 3 of Part 5 of the above Act in relation to domestic building work described in Schedule 2 and subject to the conditions specified in Schedule 3.

Schedule 1

    Sydney John Weir (BLD 10538)

Schedule 2

    Construction of a two storey, three bedroom house on land situated at Allotment 122 in Filed Plan No. 12739 being a portion of the land described in Certificate of Title Volume 5436, Folio 676, more commonly known as 36 Hughes Street, Unley.

Schedule 3

    1. This exemption is limited to domestic building work personally performed by the licensee in relation to the building work described in Schedule 2.

    2. This exemption does not apply to any domestic building work the licensee contracts to another building work contractor, for which that contractor is required by law to hold building indemnity insurance.

    3. That the licensee does not transfer his interest in the land prior to five years from the date of completion of the building work the subject of this exemption, without the prior authorisation of the Commissioner for Consumer Affairs. Before giving such authorisation, the Commissioner for Consumer Affairs may require the licensee to take any reasonable steps to protect the future purchaser(s) of the property, including but not limited to:

  • Providing evidence that an adequate policy of building indemnity insurance is in force to cover the balance of the five-year period from the date of completion of the building work the subject of this exemption;
  • Providing evidence of an independent expert inspection of the building work the subject of this exemption;
  • Making an independent expert report available to prospective purchasers of the property; and
  • Giving prospective purchasers of the property notice of the absence of a policy of building indemnity insurance.

Dated 15 August 2016.

G. Kamencak,
Acting Commissioner for Consumer Affairs,
Delegate for the Minister for Consumer and Business Services

Ref.: 610/14-00116