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362D: Building contractor must provide information before residential building contract entered into
or “The builder must give you important information before you both agree to start building work on your home.”
You could also call this:

“These rules help make sure you know important things about the builder before they start working on your house.”

The regulations under section 362D have two main purposes. The first purpose is to give you information about a building contractor. This information might include details about the contractor’s legal status, such as whether they are an individual, a partnership, or a company. It might also tell you about any disputes the contractor has been involved in, the skills and qualifications of the builders who will do the work, and if the contractor is a company, information about the directors and their business history.

The second purpose is to provide you with a checklist to help you understand what to think about when you’re entering into a contract for building work on your home. This checklist might explain the legal responsibilities of both you and the builder. It might also tell you about the risks of paying for work before it’s finished, ways to resolve disputes if they happen, and where you can get more advice and information.

These regulations are designed to help you make informed decisions when you’re hiring someone to do building work on your home.

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Next up: 362F: Minimum requirements for residential building contract over certain value

or “The law says building agreements for big projects must be written down and follow certain rules.”
Next

Part 4A Consumer rights and remedies in relation to residential building work
Pre-contract information

362EPurpose of regulations under section 362D

  1. The purpose of regulations prescribing disclosure information under section 362D(2)(a) is to give a client information about a building contractor, and the prescribed disclosure information may include (but is not limited to) information relating to the following:

  2. the legal status of the building contractor, for example, whether the building contractor is an individual, a partnership, or a limited liability company:
    1. the dispute history of the building contractor:
      1. the skills, qualifications, and licensing status of the building practitioners who will be doing the building work:
        1. if the building contractor is a limited liability company, the role of each director and the business history of each director.

          1. The purpose of regulations prescribing a checklist under section 362D(2)(b) is to provide guidance to a client on the matters that a client should take into consideration when entering into a residential building contract, and the prescribed checklist may include (but is not limited to) the following:

          2. an explanation of the legal obligations of both the client and the building contractor in relation to the building work:
            1. an outline of the risks associated with payment in advance of completion of the building work:
              1. a summary of dispute resolution options:
                1. a list of sources for further advice and information.

                  Notes
                  • Section 362E: inserted, on , by section 56 of the Building Amendment Act 2013 (2013 No 100).