NSWIn ForceAct
Home Building Act 1989
31Issue of owner-builder permits
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#### 31 Issue of owner-builder permits
31 Issue of owner-builder permits
> > (1) (Repealed)
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> > (2) The Secretary must refuse an application for an owner-builder permit if the Secretary is not satisfied—
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> > > (a) that the applicant is an individual of or above the age of 18 years, or
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> > > (b) that the applicant owns the land concerned, whether or not together with another or other individuals, or
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> > > (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
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> > > (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.
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> > (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.
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> > (4) The relevant period is the period of 5 years or such other period as may be prescribed by the regulations.
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> **s 31:** Am 1996 No 122, Sch 5 \[9\] \[10\]; 2001 No 51, Sch 1 \[12\]; 2002 No 28, Sch 4.6 \[12\] \[13\]; 2012 No 42, Sch 1.16 \[1\]; 2014 No 24, Sch 1 \[44\] \[45\].