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You are here: Home / Defects / Defects NSW / NSW: Q&A How Many Storeys is my Building (Home Warranty Insurance)?

NSW: Q&A How Many Storeys is my Building (Home Warranty Insurance)?

Published March 10, 2020 By Christopher Kerin, Kerin Benson Lawyers 6 Comments Last Updated December 15, 2020

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This article about NSW Home Warranty Insurance and whether a basement car park counts as a level has been written by Christopher Kerin, Kerin Benson Lawyers.

Table of Contents:

  • QUESTION: Doing a web search I discovered that the builder/developer has gone into administration. Can you please tell me what ramifications this has for an owner?
  • QUESTION: We moved into our newly built apartment in December 2017. There are 20 apartments on 3 levels above ground and our garages basement underneath. Is this considered a 3 or 4 level apartment block?

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Question: Doing a web search I discovered that the builder/developer has gone into administration. Can you please tell me what ramifications this has for an owner?

I am looking at buying a strata villa that is let out as holiday accommodation. The villas are single story and were built 2 years ago. 

Doing a web search I discovered that the builder/developer has gone into administration.

Can you please tell me what ramifications this has for an owner? 

Answer: There is no direct impact except for the fact that if there are building defects you may need to make a claim on the home warranty insurance policy rather than pursue the builder/developer.

Christopher Kerin
Kerin Benson Lawyers
E: [email protected]
P: 02 8706 7060

This post appears in Strata News #419.

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Question: We moved into our newly built apartment in December 2017. There are 20 apartments on 3 levels above ground and our garages basement underneath. Is this considered a 3 or 4 level apartment block?

Answer: I presume this question is posed for the purposes of determining whether home warranty insurance was required or not.

I presume this question is posed for the purposes of determining whether home warranty insurance was required or not.

From the question, it appears that the building is three storeys in height for the purposes of an exemption from insurance under the Home Building Act. That is, home warranty insurance was required.

Regulation 56 of the Home Building Regulation 2014 addresses this issue as follows:

56 Exemptions from insurance for multi-storey buildings

  1. A person who does, or enters into a contract to do, residential building work relating to the construction of a multi-storey building is exempt from the requirements of Part 6 of the Act in respect of that residential building work.
  2. A developer who enters into a contract for the sale of land on which residential building work relating to the construction of a multi-storey building has been done, or is to be done, is exempt from the requirements of section 96A of the Act in relation to that residential building work.
  3. The exemption in subclause (2) does not apply if the residential building work was contracted to be done before the commencement of this clause and, at the time the contract was entered into, the work was required to be insured.
  4. The exemption in subclause (2) extends to a developer who enters into a contract for the sale of land to the extent that work relating to the building’s construction was contracted to be done before the commencement of this clause, if, at the time that work was contracted to be done, it did not relate to the construction of a multi-storey building for the purposes of the Home Building Regulation 2004 .
  5. This clause does not apply in respect of residential building work commenced before 31 December 2003 (being the date of commencement of clause 57BC of the Home Building Regulation 1997, the corresponding earlier version of this clause).
  6. If a developer entered into a contract for the sale of land on which residential building work in relation to a multi-storey building was proposed to be carried out but was not commenced before 31 December 2003 and the developer complied with clause 61 in relation to that contract–

    1. the provisions of the contract complying with clause 61 (b) (ii) and (iii) cease to have effect, and
    2. the developer must notify the purchaser of the land in writing that they no longer have effect and of the exemption from the requirements of Part 6 of the Act in relation to the residential building work conferred by this clause.
  7. In this clause–

    “multi-storey building” means a building–

    1. that has a rise in storeys of more than 3, and
    2. that contains 2 or more separate dwellings.

    “rise in storeys” has the same meaning as it has in the Building Code of Australia of the National Construction Code Series.

    “storey” has the same meaning as it has in the Building Code of Australia of the National Construction Code Series.

The BCA defines a storey as:

Storey means a space within a building which is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but not—

  1. a space that contains only—

    1. a lift shaft, stairway or meter room; or
    2. a bathroom, shower room, laundry, water closet, or other sanitary compartment; or
    3. accommodation intended for not more than 3 vehicles; or
    4. a combination of the above; or
  2. a mezzanine.

Christopher Kerin
Kerin Benson Lawyers
E: [email protected]
P: 02 8706 7060

This post appears in Strata News #327.

Have a question about NSW Home Warranty Insurance and the amount of storeys in your building or something to add to the article? Leave a comment below.

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Read next:

  • NSW: Home Building Act Statutory Warranties – What is the Two Year Warranty for Non Structural Defects Worth?
  • NSW: Update on the 2% Bond Scheme

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Comments

  1. AvatarLawrence says

    April 21, 2020 at 1:38 pm

    For below definition:

    “Storey means a space within a building which is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but not—

    a space that contains only—
    a lift shaft, stairway or meter room; or
    a bathroom, shower room, laundry, water closet, or other sanitary compartment; or
    accommodation intended for not more than 3 vehicles; or
    a combination of the above; or
    a mezzanine. ”

    Does this mean if the level accommodate more than 3 vehicles will be counted as a storey?

    Reply
    • AvatarNikki Jovicic says

      April 22, 2020 at 11:27 am

      Hi Lawrence

      We’ve received this response from Chris Kerin, Kerin Benson Lawyers:

      This question is very specific. I would not like to commit to an answer in circumstances where I don’t know all the facts.

      I’m happy to give free advice for general questions (as above) but this one is moving into territory where I would need to charge.

      Feel free to contact me via the contact details at the end of the article and I’d be very happy to assist.

      Reply
  2. AvatarSteven Manzo says

    March 11, 2020 at 8:25 am

    Thank you for your article
    Is it correct trhat Home building warrant insurance is not required for residential building works costing less than $20,000

    Reply
    • AvatarNikki Jovicic says

      March 11, 2020 at 4:27 pm

      Hi Steven

      We’ve received the following response from Christopher Kerin:

      If you’re a licensed builder or tradesperson in NSW, you need to get home building compensation (HBC) cover for each home building project over $20,000 including GST.

      Reply
  3. AvatarMichael Jacobs says

    March 11, 2020 at 5:36 am

    Very interesting but it doesn’t state what the BCA definition of “Storey” is so the reply appears somewhat meaningless. Can you please expand on your answer.

    Reply
    • AvatarNikki Jovicic says

      March 11, 2020 at 4:50 pm

      Thanks for the suggestions, Michael. The post has been amended to include this additional information.

      Reply

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