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Building Act 1993
183Declaration made by owner-builder after commencement day
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183 Declaration made by owner-builder after commencement day
for building work completed before commencement day
(1) This section applies if, before the commencement day:
(a) building work to which repealed section 48G applied had been
completed by the owner-builder; and
(b) the declaration mentioned in that section had not been given
to the building certifier under repealed regulation 20A(5) of the
Building Regulations 1993.
Building Act 1993 130
(2) For subsection (1), an owner-builder had completed building work
specified in a building permit if he or she had completely ceased to
carry out the building work, regardless of whether the work was fully
or partially completed.
(3) Substituted section 48G applies in relation to the declaration
relating to the building work.
(4) However, subsections (5) to (7) apply if the owner-builder (the
original builder):
(a) ceased to carry out the building work after partially completing
the work; and
(b) before the commencement day, had transferred his or her
interest in the land on which the building work is situated to
another person (the new owner).
(5) If the new owner intends to continue carrying out the building work
as an owner-builder, the new owner must, as soon as practicable
after the commencement day:
(a) satisfy himself or herself that the building work completed by
the original builder was carried out in accordance with the
building permit granted for the work; and
(b) make a declaration mentioned in section 69(1) relating to the
building work completed by the original builder; and
(c) include in the declaration details about the way in which the
new owner has satisfied himself or herself for paragraph (a);
and
(d) give the declaration to the building certifier who granted the
building permit for the building work.
(6) For subsection (5)(a), the new owner must:
(a) take all the steps necessary and using proper care and
diligence, which may include engaging suitably qualified and
experienced persons to inspect and give reports about the
building work; and
(b) ensure other prescribed certification required for the building
work completed by the original builder has been obtained.