Housing Act 1980
Housing Regulations 1980
Western Australia
Housing Regulations 1980
Contents
Part 1 — Preliminary matters
1.Citation1
2.Commencement1
4.Term used: Act1
Part 2 — Administration of Authority
5.Common Seal2
Part 3 — Aboriginal housing
6A.Terms used3
6B.State‑Commonwealth agreement4
6C.Purposes of this Part (Act s. 50 and 51)4
6D.Authority may enter into housing management agreement5
6E.Application of Act Part VIIA Div. 25
6F.Approval of Minister for Indigenous Affairs not required5
6G.Land Administration Act 1997, application of6
Part 4 — Financial assistance to home owners
6.Interest on loans made under 1978 agreement7
Part 5 — Fees
8.Conveyancing fees9
9.Architectural fees10
10.Strata management fees11
11.Community titles management fees12
Notes
Compilation table13
Other notes14
Defined terms
Housing Act 1980
Housing Regulations 1980
[Heading inserted: Gazette 27 May 2011 p. 1924.]
These regulations may be cited as the Housing Regulations 1980.
These regulations shall come into operation on the day on which the Housing Act 1980 comes into operation.
[3.Omitted under the Reprints Act 1984 s. 7(4)(f).]
In these regulations the Act means the Housing Act 1980.
Part 2 — Administration of Authority
[Heading inserted: Gazette 27 May 2011 p. 1924.]
(1)In this regulation Common Seal means the Common Seal of the Authority.
(2)The Common Seal shall bear the name of the Authority within 2 concentric circles.
(3)The Common Seal shall not be affixed to a document except in the presence of the chief executive officer of the Authority or 2 other officers of the Authority who may be appointed for that purpose by the Authority from time to time.
(4)The Common Seal shall remain in the custody of the person appointed for that purpose by the Authority from time to time.
[Regulation 5 amended: Gazette 30 Jun 2006 p. 2361.]
[Heading inserted: Gazette 27 May 2011 p. 1925.]
In this Part —
Aboriginal corporate entity means —
(a)a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth); or
(b)an incorporated association under the Associations Incorporation Act 2015 the membership of which is wholly or principally composed of persons of Aboriginal descent as defined in the Aboriginal Affairs Planning Authority Act 1972 section 4; or
(c)a corporation under the Corporations Act 2001 (Commonwealth) the membership of which is wholly or principally composed of persons of Aboriginal descent as defined in the Aboriginal Affairs Planning Authority Act 1972 section 4;
Aboriginal land means freehold land that is owned by an Aboriginal corporate entity over which that entity or another Aboriginal corporate entity has power to grant a lease;
applied provisions means the provisions of Part VIIA Division 2 of the Act as applied by regulation 6E(1);
housing management agreement means an agreement entered into under regulation 6D(1);
lease includes a sublease;
nominated house, in relation to a housing management agreement, has the meaning given in section 62D(2) of the applied provisions;
nominated lot, in relation to a housing management agreement, has the meaning given in section 62D(1) of the applied provisions;
residential tenancy agreement has the meaning given in the Residential Tenancies Act 1987 section 3;
State‑Commonwealth agreement has the meaning given in regulation 6B.
[Regulation 6A inserted: Gazette 27 May 2011 p. 1925; amended: Gazette 30 Dec 2016 p. 5968.]
6B.State‑Commonwealth agreement
(1)The State‑Commonwealth agreement consists of —
(a)the National Partnership Agreement on Remote Indigenous Housing as entered into between the Commonwealth and the States and Territories on 27 February 2009 and amended from time to time; and
(b)the Implementation Plan as agreed between the Commonwealth and the State, and updated from time to time, under clause 21 of the agreement referred to in paragraph (a).
(2)The State‑Commonwealth agreement is a Housing Agreement as defined in section 48 of the Act.
[Regulation 6B inserted: Gazette 27 May 2011 p. 1925-6.]
6C.Purposes of this Part (Act s. 50 and 51)
The purposes of this Part are —
(a)to enable the Authority to administer the State‑Commonwealth agreement for and on behalf of the State as authorised by section 50 of the Act; and
(b)to authorise the Authority to do, on behalf of the State, any act, matter or thing required or authorised by any provision of the State‑Commonwealth agreement to be done by or on behalf of the State for housing purposes as permitted by section 51 of the Act.
[Regulation 6C inserted: Gazette 27 May 2011 p. 1926.]
6D.Authority may enter into housing management agreement
(1)The Authority may enter into a housing management agreement in respect of Aboriginal land with an Aboriginal corporate entity.
(2)The purpose of a housing management agreement is to enable the Authority to control and manage, on behalf of the Aboriginal corporate entity, the letting and leasing of housing on the Aboriginal land.
(3)This Part does not require the Authority to enter into a housing management agreement with an Aboriginal corporate entity.
[Regulation 6D inserted: Gazette 27 May 2011 p. 1926.]
6E.Application of Act Part VIIA Div. 2
(1)The provisions of Part VIIA Division 2 of the Act, except section 62B, apply in relation to a housing management agreement.
(2)If a term is given a meaning in regulation 6A, it has the same meaning in the applied provisions.
(3)A reference in the applied provisions to an Aboriginal entity is read as a reference to an Aboriginal corporate entity.
[Regulation 6E inserted: Gazette 27 May 2011 p. 1926.]
6F.Approval of Minister for Indigenous Affairs not required
(1)In this regulation —
Minister for Indigenous Affairs means the Minister to whom the administration of the Aboriginal Affairs Planning Authority Act 1972 is committed.
(2)To avoid doubt, the prior approval or consent of the Minister for Indigenous Affairs is not required for a person —
(a)to enter into —
(i)a housing management agreement; or
(ii)a residential tenancy agreement in respect of a nominated lot or nominated house;
or
(b)to do anything the person is required or permitted to do under an agreement referred to in paragraph (a).
[Regulation 6F inserted: Gazette 27 May 2011 p. 1927.]
6G.Land Administration Act 1997, application of
This Part does not affect the application of the Land Administration Act 1997 in relation to Aboriginal land.
[Regulation 6G inserted: Gazette 27 May 2011 p. 1927.]
Part 4 — Financial assistance to home owners
[Heading inserted: Gazette 27 May 2011 p. 1927.]
6.Interest on loans made under 1978 agreement
(1)In this regulation —
agreement means the agreement referred to in the Housing Agreement (Commonwealth and State) Act 1973 1, as amended, as the second supplemental agreement;
home purchaser has the same meaning as that expression has in clause 24 of the agreement.
(2)The object of this regulation is to enable the Authority, 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 Authority 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 Authority 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.
[Regulation 6 amended: Gazette 30 Jun 2006 p. 2361.]
[7.Deleted: Gazette 19 Apr 1984 p. 1114.]
[Heading inserted: Gazette 27 May 2011 p. 1927.]
The amounts specified in column 3 of the Table are the fees to be paid to the Authority in respect of the corresponding item specified in column 2 of the Table.
Table
|
Column 1 |
Column 2 |
Column 3 |
|
|
Preparation of documents |
|
|
1. |
Mortgage |
169 |
|
2. |
Discharge of mortgage |
66 |
|
3. |
Shared equity caveat |
60 |
|
4. |
Any other caveat |
66 |
|
5. |
Shared equity withdrawal of caveat |
|
|
6. |
Any other withdrawal of caveat |
66 |
|
7. |
Deed of co‑ownership |
202 |
|
8. |
Any other deed |
125 |
|
9. |
Transfer of land |
211 |
|
10. |
Statutory declaration |
52 |
|
11. |
Settlement statement |
183 |
|
12. |
Any other document |
78 |
|
|
Miscellaneous |
|
|
13. |
Production of title or other document |
|
[Regulation 8 inserted: Gazette 1 Jun 1993 p. 2682; amended: Gazette 13 Apr 1995 p. 1323‑4; 16 Jul 1996 p. 3397; 16 Jan 1998 p. 344; 30 Jun 2006 p. 2361; 12 Jun 2009 p. 2115; 5 Jun 2012 p. 2361-2; 16 Jun 2015 p. 2076; 24 Jun 2016 p. 2316-17; 1 Aug 2017 p. 4113; 12 Jun 2018 p. 1896‑7; SL 2022/151 r. 4.]
(1)In respect of an architectural service set out in the Table at the end of this regulation there shall be payable to the Authority 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 Authority by the owner of a house under construction where the services of the Authority, 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: Gazette 19 Apr 1984 p. 1114; 30 Jun 2006 p. 2361.]
(1)In this regulation —
owner of a lot has the meaning given to owner, in relation to a lot in a strata titles scheme, in the Strata Titles Act 1985 section 3(1);
strata company and strata titles scheme have the meanings given in the Strata Titles Act 1985 section 3(1).
(2)If a strata company is established for a strata titles scheme and the Authority provides management or other services to the strata company in connection with the strata company’s functions under the Strata Titles Act 1985, the Authority may require the owner of a lot in the strata titles scheme to pay an annual management fee of $50.00 to the Authority.
(3)The owner of a lot who is required to pay an annual management fee under subregulation (2) must pay the fee to the Authority.
[Regulation 10 inserted: Gazette 31 Dec 2019 p. 4647‑8; amended: SL 2021/73 r. 4.]
11.Community titles management fees
(1)In this regulation —
community corporation and community titles scheme have the meanings given in the Community Titles Act 2018 section 3(1);
owner of a lot has the meaning given in the Community Titles Act 2018 section 3(1).
(2)If the Authority provides management or other services to a community corporation for a community titles scheme in connection with the community corporation’s functions under the Community Titles Act 2018, the Authority may require the owner of a lot in the community titles scheme to pay an annual management fee of $50.00 to the Authority.
(3)The owner of a lot who is required to pay an annual management fee under subregulation (2) must pay the fee to the Authority.
[Regulation 11 inserted: SL 2021/73 r. 5.]
This is a compilation of the Housing Regulations 1980 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
||
|
Housing Regulations 1980 |
24 Dec 1980 p. 4361‑3 |
1 Jan 1981 (see r. 2 and Gazette 24 Dec 1980 p. 4349) |
||
|
Housing Amendment Regulations 1984 |
19 Apr 1984 |
19 Apr 1984 |
||
|
Housing Amendment Regulations 1986 |
24 Oct 1986 |
24 Oct 1986 |
||
|
Housing Amendment Regulations 1993 |
1 Jun 1993 |
1 Jul 1993 (see r. 2) |
||
|
Housing Amendment Regulations 1995 |
13 Apr 1995 p. 1323‑4 |
13 Apr 1995 |
||
|
Housing Amendment Regulations 1996 |
16 Jul 1996 p. 3397‑8 |
16 Jul 1996 |
||
|
Housing Amendment Regulations 1997 |
16 Jan 1998 |
16 Jan 1998 |
||
|
Reprint of the Housing Regulations 1980 as at 24 Aug 2001 (includes amendments listed above) |
||||
|
Housing Amendment Regulations 2006 |
30 Jun 2006 p. 2360-1 |
1 Jul 2006 (see r. 2(a)) |
||
|
Housing Amendment Regulations 2009 |
12 Jun 2009 p. 2114‑15 |
r. 1 and 2: 12 Jun 2009 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2011 |
27 May 2011 p. 1924-7 |
r. 1 and 2: 27 May 2011 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2012 |
5 Jun 2012 p. 2361‑2 |
r. 1 and 2: 5 Jun 2012 (see r. 2(a)); |
||
|
Reprint 2: The Housing Regulations 1980 as at 3 Aug 2012 (includes amendments listed above) |
||||
|
Housing Amendment Regulations 2015 |
16 Jun 2015 p. 2075‑6 |
r. 1 and 2: 16 Jun 2015 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2016 |
24 Jun 2016 p. 2316-17 |
r. 1 and 2: 24 Jun 2016 (see r. 2(a)); |
||
|
Housing Amendment Regulations (No. 2) 2016 |
30 Dec 2016 p. 5968 |
r. 1 and 2: 30 Dec 2016 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2017 |
1 Aug 2017 p. 4112‑13 |
r. 1 and 2: 1 Aug 2017 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2018 |
12 Jun 2018 p. 1896‑7 |
r. 1 and 2: 12 Jun 1018 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2019 |
31 Dec 2019 p. 4647‑8 |
r. 1 and 2: 31 Dec 2019 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2021 |
SL 2021/73 18 Jun 2021 |
r. 1 and 2: 18 Jun 2021 (see r. 2(a)); |
||
|
Housing Amendment Regulations 2022 |
SL 2022/151 26 Aug 2022 |
r. 1 and 2: 26 Aug 2022 (see r. 2(a)); |
||
1Repealed by the Statutes (Repeals and Minor Amendments) Act (No. 2) 1998.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Aboriginal corporate entity6A
Aboriginal land6A
Act4
agreement6(1)
applied provisions6A
Common Seal5(1)
community corporation11(1)
community titles scheme11(1)
home purchaser6(1)
housing management agreement6A
lease6A
Minister for Indigenous Affairs6F(1)
nominated house6A
nominated lot6A
owner11(1)
owner of a lot10(1)
residential tenancy agreement6A
State-Commonwealth agreement6A
strata company10(1)
strata titles scheme10(1)