Act 95, Section 29: Exemption

The Minister may, on the recommendation of the Council on application made to it, in exceptional circumstances and on the conditions that the Minister may determine in general or in any particular case, exempt a person or a home from any provision of this Act, if the Minister is satisfied that -
(a) the granting of the exemption would be in the public interest:
(b) the granting of the exemption would not undermine the objectives of this Act, or the effectiveness of the Council; or
(c) should the exemption not be granted, the effect would be extremely prejudicial to the interests of the applicant and housing consumers.

If you want to add a double garage to an excisting home either attached or detached to the home, must the contractor or owner builder be registered with the NHBRC?

The Act states: Types and dwellings which fall within the scope of the NHBRC Warranty scheme are: All new residential dwellings built after 1 December 1999, regardless of selling price, excluding subsidy homes, should be enrolled.

The following are the types of dwellings covered by the warranty: Houses, Flats, Townhouses, Sectional titles, Cluster homes, Employee/Corporate housing, Marionettes, Rented homes.

A garage is not a residential building and does not need to be enrolled if it is an extension of the home.

A garage does need to be enroled however if it is part of a newly built dwelling.

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