5.—(1) This Order does not apply to a construction contract with a residential occupier (see paragraph (2)).
(1A) The Department may by order provide that all or any of the provisions of this Order shall not apply to any other description of construction contract which is specified in the order.]
(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 paragraph 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 Department may by order amend paragraph (2).
F1Art. 5(1)(1A) and heading substituted for art. 5(1) and heading (14.11.2012) by Construction Contracts (Amendment) Act (Northern Ireland) 2011 (c. 4), ss. 2(2), 9(2) (with s. 9(4)); S.R. 2012/367, art. 2