What protections, if any, will exist if a supplier of an off-site built granny flat substitutes components from those listed in the certified system?

Answer

The policy intent is that existing consumer protection mechanisms in the Building Act 2004, Consumer Guarantees Act 1993 and Building (Residential Consumer Rights and Remedies) Regulations 2014 will continue to apply to non-consented small stand-alone dwellings. These include 12-month defect free periods, pre-contract disclosure requirements and implied terms for residential building contracts. If the off-site constructed dwelling was built offsite and it did not meet the conditions of the exemption - it could not be sold as a non-consented small stand-alone dwelling. In this situation, Fair Trading Act 1986 provisions could apply