NSW Home Building Act 1989
Part 2: Contracting for and doing residential building work and specialist work – NSW Home Building Act 1989

NSW Home Building Act 1989 s7E: s 7E and Schedule 2 Part 1 Include the mandatory terms on plans, variations and quality of construction

Every contract must include, and is taken to include, the Schedule 2 Part 1 terms: all plans and specifications, including variations, form part of the contract, and any agreement to vary the contract or its plans and specifications must be in writing and signed by or for each party (for contracts to which s 7AA applies); and all work will comply with the Building Code of Australia to the extent required under the planning legislation, with every other code, standard and specification the law requires, and with the conditions of any development consent or complying development certificate. The contract may limit the contractor's liability for non-compliance only where it arises solely from a design or specification by or for the owner (not the contractor) or one the owner required after written advice that it did not comply. Terms inconsistent with the Schedule are unenforceable to that extent. Regulations may add terms that must or must not be included, with the same effect, and do not apply to contracts already in force. (The Building (Approvals and Practitioners) Act 2026, not yet commenced, will change the planning law references in clauses 2 and 2A.)

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 1 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • sch1b-40-41 Sch 1B ss 40 and 41 Written variations with the required content before variation work starts

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 2: Contracting for and doing residential building work and specialist work – NSW Home Building Act 1989

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