106 Provisions not applicable to contract with residential occupier.E+W+S
(1)This Part does not apply—
(a)to a construction contract with a residential occupier (see below), [F1or
(b)to any other description of construction contract excluded from the operation of this Part by order of the Secretary of State.]
(2)A construction contract with a residential occupier means a construction contract which principally relates to operations on a dwelling which one of the parties to the contract occupies, or intends to occupy, as his residence.
In this subsection “dwelling” means a dwelling-house or a flat; and for this purpose—
“dwelling-house” does not include a building containing a flat; and
“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which the premises are divided horizontally.
(3)The Secretary of State may by order amend subsection (2).
(4)No order under this section shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Textual Amendments
F1S. 106(1)(b) repealed (18.6.2011 for E.W. for specified purposes, 24.6.2011 for S., 24.6.2011 for E.W. for specified purposes, 1.10.2011 for E.W. in so far as not already in force) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 138(2), 146(3), 148(8), 149, Sch. 7 Pt. 5 (with s. 149(3)(4)); S.I. 2011/1514, arts. 2, 3; S.S.I. 2011/269, art. 2; S.I. 2011/1569, art. 2; S.I. 2011/1582, art. 2; S.I. 2011/1597, arts. 2, 3
Commencement Information
I1S. 106 wholly in force; s. 106 not in force at Royal Assent see s. 150; s. 106 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 106 in force insofar as not already in force at 1.5.1998 by (E.W.) S.I. 1998/650, art. 2 and (S.) S.I. 1998/894, art. 2