When does the statutory protection provision not apply to an owner-built home?

The statutory protection provision, which provides certain warranties and protections for homeowners, does not apply when there is a policy of home warranty in place. This is due to the fact that home warranty insurance serves to cover the aspects of construction that the statutory protections would usually address. Essentially, if a homeowner has secured a home warranty policy, they are already covered for potential defects and issues that arise, thus rendering the statutory provisions redundant for that specific home.

This principle encourages owners to choose between statutory protection and a home warranty; having both is generally not permitted, as it would overlap benefits. The presence of a home warranty therefore effectively precludes the need for the statutory protection provisions to apply, ensuring that the homeowner has adequate but not duplicated protection against construction-related issues.

The other scenarios, such as building age or the nature of occupancy, do not inherently exempt a home from statutory protections. Such provisions are designed to ensure that all homes, including owner-built ones, are built to specific standards and that homeowners have recourse in the event of construction defects.