Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person to whom
paragraph (b) of the definition of “owner-builder” applies in
relation to a dwelling must not, within 3 years of the date of issue of
the building licence to the person for the dwelling, sell or otherwise dispose
of the land on which the dwelling was constructed unless the Minister by order
otherwise consents.
Penalty: a fine of $10 000.
(2A) A person to whom
paragraph (d) of the definition of owner-builder applies in relation to a
dwelling must not, within 3 years of the date the building licence is
issued, or the building permit is granted, to the person for the dwelling,
sell or otherwise dispose of the land on which the dwelling was constructed
unless the Minister by order otherwise consents.
Penalty: a fine of $10 000.
(2) Before making an
order under subsection (1) or (2A), the Minister is to be satisfied
that —
(a) the
application for the order arises from a change in the circumstances of the
person; and
(b) the
person would suffer hardship if the application were refused.
(3)
Subsection (1) does not apply to a person in relation to a dwelling if
the building licence for the dwelling was issued to the person during a period
specified in an order made under section 25I for the purposes of
section 25C(3).
(4)
Subsection (2A) does not apply to a person in relation to a dwelling if
the building permit for the dwelling was granted to the person during a period
specified in an order made under section 25I for the purposes of
section 25C(3).
[Section 25FA inserted by No. 37 of 2002
s. 14; amended by No. 19 of 2011 s. 152.]