Address
{{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location Address
{{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change locationMember and guest login
Enter your email and password to access secured content, members only resources and discount prices.
Did you become a member online? If not, you will need to activate your account to login.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
Forgotten password
Need some help?
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
If the email address you have entered is registered, you will receive an email with further instructions.
Become part of the HIA community
Enables quick and easy registration for future events or learning and grants access to expert advice and valuable resources.
Create a guest account
Enter your details below and create a login
Changes to ACT contracts
The ACT government has recently passed the ‘Building (General) Amendment Regulation 2019 (No. 1.)’. This Regulation makes any clause in a contract that makes the builder responsible for appointing a certifier or any clause that appoints the builder as the owner’s agent for appointing a certifier as void. As a result of these legislative changes, HIA has updated the New Dwellings Contract to make them compliant.
Monday, 17th August 2020
Changes to the HIA Contract
HIA has drafted a new clause 7 for our contracts as follows:
Clause 7 Planning and Building Approvals
- The person identified in Item 8 Schedule 1 will obtain and pay for all planning and building approvals.
- If the Builder is named in Item 8 of Schedule 1, the owner agrees to sign all documents and do all acts as requested by the builder to enable the builder to obtain all necessary approvals, permissions, consents and authorities on behalf of the owner.
- The person identified in Item 8 of Schedule 1 must obtain all approvals within 90 days of signing the contract.
For contracts purchased on Contracts Online, the clause will be updated and ready for use prior to 1 October 2019.
For those members who have hardcopy printed contracts, there are two (2) options available to make the change:
Option 1
In the Special Conditions (contained in Schedule 2) state the following:
"The existing clause 7 is deleted and replaced with the following clause:
Clause 7 Planning and Building Approvals
- The person identified in Item 8 Schedule 1 will obtain and pay for all planning and building approvals.
- If the Builder is named in Item 8 of Schedule 1, the owner agrees to sign all documents and do all acts as requested by the builder to enable the builder to obtain all necessary approvals, permissions, consents and authorities on behalf of the owner.
- The person identified in Item 8 of Schedule 1 must obtain all approvals within 90 days of signing the contract."
Option 2
Strike through (strike through) the existing clause 7 and physically tape or glue the new clause on top or near it. A copy of this information can be given to the owner to explain why the change is necessary.
We recommend that both parties initial next to this change if this option is taken.
How to appoint a certifier after these changes
While the appointment of the certifier cannot be dealt with in the construction contract the homeowner may still agree to appoint the builder as their agent to appoint the certifier. In order to do this a separate document must be filled out by the parties.
We suggest that our members have a discussion with their clients prior to entering into the contract as to who the certifier may be.
Share with your network:
More articles on:
Find the latest expert advice, guides and much more!
Was this page helpful?
Thank you for submitting your feedback.
Business support
Supporting building professionals with custom built services and products.
- Contracts and compliance support
- Contracts Online
- Host an apprentice
- Insurance Services
- Savings for members and much more!
Building it right topics
Can’t find what you need, check out other resources that might be closer to the mark.
You might also like
ACT Kitchen Bathroom and Laundry Supply Install (Duplicate)
This Supply and Install Contract is tailored specifically to the kitchen, bathroom and laundry industry. The contract allows for all job details to be formalised and provides an estimate of pricing for provisional sum items. The c...
Non-member price $ 51
Member price $25.5
ACT Minor Works Contract (Pad of 25)
The ACT Minor Works Contract is suitable for minor projects up to a value of $12,000 (such as a patio or shed installation). It’s available in a handy tear-off pad of 25. This is a hard copy document and will be mailed to you once...
Non-member price $ 79
Member price $39.5
ACT New Dwellings Contract (Pack of 2)
Building professionals should use the ACT New Dwellings Contract (pack of two) when working on a new dwelling. The contract allows for all job details to be formalised and provides schedules for progress payments, excluded items, ...
Non-member price $ 100
Member price $50
ACT Alterations & Additions Contract (Pack of 2)
This contract (pack of two) is suitable for residential building work relating to an alteration, addition, renovation or where the work is not to completion stage. The contract allows for project details to be formalised and also ...
Non-member price $ 100
Member price $50