Legal and Regulatory Requirements for Low Rise Residential or Commercial Construction Project
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Added on  2023/06/17
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This article discusses the legal and regulatory requirements impacting on a low rise residential or commercial construction project. It covers topics such as builder licensing, insurance cover, payment system, and GST laws. The article provides detailed answers to questions related to these topics and includes relevant references.
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The following are the answers i have for the first three questions. I need help with the others Project Scope: 4 Bedroom, 1 media room, 3 bathrooms and a double garage. I sent the 4 questions This Workplace based Project requires to have access to a construction project (or simulated project) and the documentation supporting the project, including contracts, plans and specifications. The project may relate to the whole or part of a Class 1 or 10 Building or the whole or part of a Class 2-9 Building. This project is divided into three (3) separate parts. In this part, Part A, you are required to identify legal and regulatory requirements impacting on a low rise residential or commercial construction project. Q1a. Analyse the construction project's contract. Outline, in your own words, the project scope and parameters. Record your answer in the space provided below or in a Word document that you can upload in the space provided. Q1b. What type of contract was or will be selected for the project? Explain why. Q1c. List at least two conditions of the contract (they may be in relation to approvals required or financial matters or quality requirements). For each condition, document what actions were taken to ensure the conditions were met and provide evidence of the actions being taken. Record your answer in the table provided below or in a Word document that you can upload in the space provided. Upload your evidence in the space below. Q2. What is the builder licensing and business registration requirements for the project? Provide evidence of at least one (1) trade registration requirement having been obtained. Record your answer in the space provided below or in a Word document that you can upload in the space provided. Upload your evidence in the space provided below. Answer 2: Builder licensing refer as a approach to ensures the long term process to implement the safety measures under the construction sector. It is important for the builder to have license which makes the easiest path for their work. It is essential to register the project as it create the identity of the project. Individual contractors license is required for implementing the construction project in Australia. As the project requires the licenses which involves the consents, certificates for commencing the project. Business registration requirement for the project are as follows:
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first to select the business structure in the Australian law system the common structure can be sole trader, Partnership and organization. Sole traderIn thisstructure business will not have other legal body therefore in such case organization is only one who is a responsible for their business liabilities. Partnership:As for the firm if they are operating their business by collaborating with other then the profit is equally shared by both parties. Organization:It is common structure in Australia as proprietary limited firm. In which the company has their different legal body from their owner. Trade registration requirement are as follows: Home building Act 1989 (NSW) is the set of legal licensing requirement which is needed for the construction project. Select structure then to make register for the ABN it is the Australian business number, it is the 11 digit number for the business registration this number will analyze the business it is free service it is mandatory to register on This ABN number before developing the accounts with the vendors (Tang and Chen,2021). After registering on ABN then the next approach is to register the name for the business, as for the organization their business name is still not their until it approve by the Australian securities. If the organization wants to use their business name as trademark then it is often more expensive as the official sites are given by the government through which the businesses can approach to register for the trademark for their business. For the GST registration there are certain guidelines in the laws which states as if the businesses are earning the revenues more than 50000 dollars than they are tended to pay for GST. But if the businesses are not earning more than the set amount then they are not applicable to pay the GST. Licensing and permission in Australia every state permits the license to the businesses which can be differ on the basis of industries. Q3. Provide evidence of the insurance cover that would need to be arranged for the project. Explain how the cover can be obtained and its purpose. Record your answer in the space provided below and upload your evidence in the space provided Answer 3: Project insurance cover include all the risks and list of damages associated with the permanent or temporary task embedded into the contracts. It is the service which states as the health plan could pay all the cost. As for the Australian law it is stated that the businesses need to make sure that they have insurance which covers the natural disasters, fire, robbery. Along with it is also important that businesses also need to ensure that the legal aspects also included so that it will protect them if someone or other businesses can conduct a lawsuit against them. Means for the organization it is
must have needed as their policies should cover the both public and product service liabilities. Construction project work insurance covers the materialistic damages, legal policies also involves the accidental or physical damage compensation to the builders, traders, contractors, workers. Policy also covers the risks as natural calamities cyclones, earthquakes or accidental vulnerabilities factors (D’Amico, Pomponi and Hart, 2021). The main purpose of obtaining the insurance cover to minimize or manage the risks. When the insurance is made for the project businesses will transfer the cost to the insurance company in term of fee. As for this project the insurance can be public liability insurance which is usually needed for the builders to give the security against any injury or death. Builder insurance covers their usual liability insurance which can protect them from any law suits or from the claims which can be arise from the client as property damage or other causes (Othman and et.al 2021). Q4. Describe the system used for administering payments to staff and contractors associated with the project. How was the system established and how does the system ensure compliance with current legislative requirements for the payment of financial transactions? Record your answer in the space provided below or in a Word document that you can upload in the space provided. Answer 4: In Australia independent contractor provide their invoices to get paid if client does not provide payment or ignore their invoice then the contractor are able to sue or can take the legal actions. The system for payment to the staff or contractors are Smart payroll system which is more common in Australia to use to effectively payment to the staff or contractors (Caniato and et.al 2021). As this system enables the project owner to keep updated records, accurate tax slabs. It enables the safe and secure direct depositing to the employee's account. This system is completely flexible and stores or provides the backup data if data is lost then there will be no problem. To develop the smart payroll system the given requirements are as follows:- Initially to enter the staff identification number, as to hire the worker for the project it is important to give them their identification number. Then look for the local id check for processing the taxes. It is important to know the difference between the independent contractor or staff as it is not always clear as it impacts how to approach income taxes or the unemployment taxes.
Next step is to preserve the paperwork of the staff as if there is new entry in the staff then it is must to provide them federal income tax form. Further process is to set the pay period it is sometimes examine by the state laws. Then to carefully proceed to document the staff compensation process, then choose the payroll system. Once all the information is inserted in the system it times for running the payroll (Ahmed and Arocho,2021). Therefore this system is developed according to the legal rules which is implemented by the state government of the Australia to give the effective payroll to the contractor or staff. If the contractor or staff does not paid properly then they are liable to sue the client or take the legal advice to resolve the matter. As for the independent contractor they can paid under the lump sum contracts which can be directly paid into the accounts only. These are not the payments which the final payment for the contractor as the payment is only provided to the contractor while the work is running as not being completed so that contractor will have the enough amount to continue their work on the project. If there is something gone wrong then the contractor does not have the right over the amount as it is not the part of lump sum contract as payment is only made based on the contract. Q5. Explain how laws relating to GST are followed in relation to your selected project. Record your answer in the space provided below or in a Word document that you can upload in the space provided. Answer 5: GST laws in Australia define as to implement the 10% tax on products and services or the other goods which are sold in Australia. If the organizational business is registered in the GST than the businesses are liable to collect the extra price from the consumers. As for the construction project the GST would be applicable as 12% on real estate before finishing its construction. Under New tax system act 1999 stated as once the transition period for completing the construction processes is completed than it is treated as other services. It implies that the GST process is applicable when the services are invoiced (Othman and et.al 2021). As for the Australian guidelines for the construction project the normal tax would be the one eleventh of the total property's price. Different rules for the residential premises are not understood as a newin such case in which they are rented outfor more than five years, or the residential premises are old then the property sale can be consider as the input tax.If the client is asking for
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the credits of the GST for the cost made for the construction projectthen they have to make the adjustment to take the credits. It is due to the not entitled into the GST credits. Therefore, for the project the GST laws are implemented under such conditions as the business is able to earn money more than 5000 dollars than they are liable to pay the tax or if their business is not earning revenues which is less than the 5000 dollars then they are free to pay the taxes. Under the section 19 it states that the all tasks and raw materials for the construction project are incorporated and will be affixed on building sire. Then this value is reduced from the total supply value to analyses the GST factors. The following are the answers i have for the first three questions. I need help with the others Project Scope: 4 Bedroom, 1 media room, 3 bathrooms and a double garage. Parameters: The project has a list of inclusions that the house will be made to. Anything above that would be a variation where the client would pay the difference or at the builders cost. Some of these inclusions include: - 10mm Gyprock to walls and ceiling - x2 Garden taps - 1x internal gas bayonet The house is worth $369, 000 MBA NSW BC4 Residential Contract which includes Architectural plans, inclusions and BASIXS. We use this because it supports both the builder and the home owner. This gives the home owner details of the building company along with insurances. This clearly outlines what inclusions the house will be built to with anything above this a variation or at the cost of the builder. The Architectural plans details what will be built with approved dimensions and drawings. 90 mm Cove Cornice 90mm Cove cornice was installed through out the home excluding the bathrooms as we tile to the ceiling in bathrooms. Smart Tile Waste Instead of the standard chrome, smart tile floor waste were installed in all bathrooms.
REFERENCES Tang, X. and Chen, Y., 2021. Comprehensive Evaluation Method of High-Rise Building Green Construction Based on Cloud Model.Open Journal of Business and Management. 9(6). pp.2719-2734. D’Amico, B., Pomponi, F. and Hart, J., 2021. Global potential for material substitution in building construction: The case of cross laminated timber.Journal of Cleaner Production.279. p.123487. Caniato, M. and et.al 2021. A review of the thermal and acoustic properties of materials for timber building construction.Journal of Building Engineering, p.103066. Othman, I. and et.al 2021. Barriers of value management implementation for building projects in Egyptian construction industry.Ain Shams Engineering Journal.12(1). pp.21-30. Ahmed, S. and Arocho, I., 2021. Analysis of cost comparison and effects of change orders during construction: Study of a mass timber and a concrete building project.Journal of Building Engineering. 33. p.101856. Othman, I. and et.al 2021. The level of building information modelling (BIM) implementation in Malaysia.Ain Shams Engineering Journal.12(1). pp.455-463.