Housing Regulations 1980
Reprinted as at 24 August 2001
Guide for using this reprint
Endnotes, Compilation table, and Table of provisions that have not come into operation
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2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprinted under the Reprints Act 1984 as at 24 August 2001
Housing Regulations 1980
CONTENTS
1.Citation1
2.Commencement1
3.Repeal1
4.Definition1
5.Common Seal1
6.Interest on loans made under 1978 agreement2
8.Conveyancing fees3
9.Architectural fees4
10.Strata management fees5
Notes
Compilation table7
Defined Terms
Reprinted under the Reprints Act 1984 as at 24 August 2001
Housing Act 1980
Housing Regulations 1980
These regulations may be cited as the Housing Regulations 1980 1.
These regulations shall come into operation on the day on which the Housing Act 1980 comes into operation 1.
The State Housing Act Regulations 2, as amended are hereby repealed.
In these regulations “the Act” means the Housing Act 1980.
(1)In this regulation “Common Seal” means the Common Seal of the Commission.
(2)The Common Seal shall bear the name of the Commission within 2 concentric circles.
(3)The Common Seal shall not be affixed except pursuant to a resolution of the Commission and in the presence of 2 persons who may be appointed for that purpose by the Commission from time to time.
(4)The Common Seal shall remain in the custody of the person appointed for that purpose by the Commission from time to time.
6.Interest on loans made under 1978 agreement
(1)In this regulation —
“home purchaser” has the same meaning as that expression has in clause 24 of the agreement;
“the agreement” means the agreement referred to in the Housing Agreement (Commonwealth and State) Act 1973 3, as amended, as the second supplemental agreement.
(2)The object of this regulation is to enable the Commission, as a lending authority of the State approved by the Minister for the purposes of clause 24 of the agreement, to on‑lend moneys to home purchasers at rates of interest consistent with those applicable under clause 25 of the agreement.
(3)Notwithstanding section 33 or 42 of the Act when moneys lent to the Commission pursuant to clause 24 of the agreement are used to grant financial assistance to a home purchaser the contract of sale, mortgage or other instrument relating to the transaction shall —
(a)specify such rate of interest being —
(i)not less than 6% per annum; and
(ii)not greater than a rate equivalent to 1% per annum below the long term bond rate for the year in which the transaction is entered into,
as the Commission considers appropriate having regard to the income of the home purchaser and his family; and
(b)provide that the rate of interest shall —
(i)increase by ½% per annum at the end of the first financial year that occurs wholly after the transaction is entered into and by ½% per annum at the end of each subsequent financial year of the transaction until a rate equivalent to 1% per annum below the long term bond rate for a financial year is reached; and
(ii)thereafter be varied for any financial year of the transaction according to any variation in the long term bond rate for that financial year.
(4)For the purposes of this regulation the long term bond rate for a year shall be the coupon rate on the longest term security of the last Commonwealth public loan issued prior to 1 May that last occurred prior to that year.
[7.Repealed in Gazette 19 Apr 1984 p. 1114.]
The amounts specified in column 3 of the Table are the fees to be paid to the Commission in respect of the corresponding item specified in column 2 of the Table.
Table
Conveyancing fees
|
Column 1 Item No. |
Column 2 Item |
Column 3 Fee $ |
|
|
Preparation of documents |
|
|
1. |
Mortgage |
122 |
|
2. |
Contract of |
122 |
|
3. |
Lease |
43 |
|
4. |
Amendment of Mortgage/Lease |
43 |
|
5. |
Amendment of Contract of |
38 |
|
6. |
Discharge of Mortgage |
48 |
|
7. |
Annulment of Contract of |
48 |
|
8. |
Forfeiture of Lease |
48 |
|
9. |
Caveat |
43 |
|
10. |
Withdrawal of Caveat |
43 |
|
11. |
Deed of Covenant |
56 |
|
12. |
Deed of Easement |
91 |
|
13. |
Deed of Trust |
56 |
|
14. |
Transfer of Land |
153* |
|
15. |
Transfer of Lease |
56 |
|
16. |
Statutory Declaration |
36 |
|
17. |
Deed of Co‑ownership |
146 |
|
18. |
Any other Document |
56 |
|
|
Miscellaneous |
|
|
1. |
Application for Assistance |
23 |
|
2. |
Production of Titles and other Documents |
23 |
|
3. |
Search Fees (per item) |
7 |
* Increasing by $2 for every $1 000 above $10 000.
[Regulation 8 inserted in Gazette 1 Jun 1993 p. 2682; amended in Gazette 13 Apr 1995 p. 1323‑4; 16 Jul 1996 p. 3397; 16 Jan 1998 p. 344.]
(1)In respect of an architectural service set out in the Table at the end of this regulation there shall be payable to the Commission such percentage of the estimated cost of construction of the works designed as is set out in that Table in relation to that service —
Table
|
Service |
% of estimated cost of construction |
|
(a)New design (i)Individual Houses ................................ |
8 |
|
(ii)Flats, apartments and town house complexes: cost under $100 000 ............................ |
8 |
|
cost $100 000 to $200 000 ................. |
7 |
|
cost over $200 000 ............................. |
6 |
|
(b)Repetitive designs (i)Individual houses ................................. |
7 |
|
(ii)Flats, apartments and town house complexes: cost not over $200 000 ........................ |
7 |
|
cost over $200 000 .............................. |
6 |
|
(c)Additions, renovations and repairs (i)Cost under $200 000 ........................... |
8 |
|
(ii)Cost $200 000 and over ...................... |
7 |
(2)The following fees shall be payable to the Commission by the owner of a house under construction where the services of the Commission, other than services related to designing or quality control, are utilized —
1.Examination and inspection of plans — $40.00
2.Building inspection — $20.00 per inspection.
[Regulation 9 amended in Gazette 19 Apr 1984 p. 1114.]
(1)If the Commission provides management or other services to a strata company in connection with the strata company’s powers and duties under the Strata Titles Act 1985, the Commission may require the proprietor of a lot in relation to which the strata company was constituted to pay an annual management fee of $50.00 to the Commission.
(2)The proprietor of a lot who is required to pay an annual management fee under subregulation (1) shall pay the fee to the Commission.
(3)In this regulation —
“lot”, “proprietor” and “
[Regulation 10 inserted in Gazette 16 Jul 1996 p. 3398.]
