Building (Residential Consumer Rights and Remedies) Regulations 2014

  • Corrections have been made to Schedule 2 on 27 January 2017 under section 25(1)(d) of the Legislation Act 2012.
6 Prescribed content for residential building contracts for prescribed minimum price or more


This regulation applies to every residential building contract where the price for the building work is not less than the prescribed minimum price.


The contract must contain the following:


the names of the parties; and


each party’s—


physical address; and


postal address; and


address for service; and


contact telephone number or numbers; and


email address; and


the address (or location description) of the site where the building work will be carried out; and


the date or dates when the contract was signed by both parties; and


a description of the building work covered by the contract, including—


the materials and products to be used (if known); and


the person or persons who will be carrying out the building work; and


the person or persons who will be supervising the building work (if applicable); and


which party will be responsible for obtaining the building consents and any other approvals required to carry out the building work; and


the expected start date of the building work; and


the expected completion date of the building work; and


the contract price or the method by which the contract price will be calculated (for example, fixed hourly rate with materials invoiced separately); and


the number of payments under the contract and, if there is more than 1 payment under the contract,—


the interval between payments; and


the amount of each payment; and


the date on which each payment is due; and


mechanisms for determining the matters referred to in subparagraphs (i) to (iii); and


terms prescribing how payments will be invoiced, made, and receipted; and


terms prescribing how notices are to be given under the contract; and


mechanisms for negotiating and agreeing on variations to the building work; and


terms prescribing how possible delays will be dealt with (for example, delays as a result of force majeure events); and


terms prescribing how any defects in the building work will be remedied, including a reference to the existence and application of the implied warranties in sections 362I to 362K of the Act; and


dispute resolution procedures; and


an acknowledgement that the building contractor has supplied, and the client has received, the disclosure information and checklist prescribed in regulation 5.