New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 31

31 Issue of owner-builder permits

(2) The Secretary must refuse an application for an owner-builder permit if the Secretary is not satisfied--

(a) that the applicant is an individual of or above the age of 18 years, or

(b) that the applicant owns the land concerned, whether or not together with another or other individuals, or

(c) that the single dwelling-house or one of the dwellings comprising the dual occupancy concerned will be occupied as the residence (being, in the case of a dual occupancy, the principal residence) of the applicant after the work authorised by the permit is done, or

(d) that the applicant has completed any education or training, or holds any qualification, required by the Secretary or the regulations for eligibility for the grant of an owner-builder permit.

(3) The Secretary must refuse an application for an owner-builder permit (the
"current application" ) if the applicant was an owner of other land when an owner-builder permit was issued in respect of that other land during the relevant period before the current application was lodged (whether or not that owner-builder permit was issued to the applicant), unless the Secretary is satisfied that special circumstances exist.

(4) The
"relevant period" is the period of 5 years or such other period as may be prescribed by the regulations.