ACTIn ForceRegulation
Construction Occupations (Licensing) Regulation 2004
16Eligibility to be owner-builder
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16 Eligibility to be owner-builder
(1) An individual is eligible to be an owner-builder only if—
(a) the individual owns the land where the building work allowed
under the owner-builders licence is proposed to be undertaken;
and
(b) the building work has building approval under the Building
Act 2004; and
(c) the individual has not been issued with an owner-builders
licence in relation to other land (a previous licence) in the
5 years before applying for the owner-builders licence
(the current licence).
(2) Despite section (1) (c), an individual issued with a previous licence
in the 5 years before applying for the current licence is eligible to be
an owner-builder if the individual no longer holds the previous
licence and—
(a) if—
(i) the work allowed under the previous licence related to
affected residential premises or a class 10 building
associated with those premises; and
(ii) the affected residential premises were acquired by the
Territory from the individual under the buyback scheme
for residential premises and were included in the affected
residential premises register; or
(b) if—
(i) the work allowed under the previous licence related to a
building that is or was an eligible impacted property or a
class 10 building associated with that property; and
(ii) the eligible impacted property was acquired by the
Territory from the individual under the eligible impacted
property buyback program.
affected residential premises—see the Civil Law (Sale of Residential
Property) Act 2003, section 9A (3).
affected residential premises register—see the Dangerous
Substances Act 2004, section 47P (1).
buyback scheme, for affected residential premises—see the
Dangerous Substances Act 2004, section 47I.
class, of building—see the Building Act 2004, dictionary.
Note A class 10 building or structure is a non-habitable building or structure
(see building code).
eligible impacted property—see the Civil Law (Sale of Residential
Property) Act 2003, section 9A (1).
eligible impacted property buyback program—see the Civil Law
(Sale of Residential Property) Act 2003, section 9A (1).