25EDecision on application for certificate of consent

25E Decision on application for certificate of consent S. 25E(1) amended by No. 15/2016 s. 18(1) (1) The Authority must issue a certificate of consent for domestic building work if it is satisfied that— (a) the applicant has complied with sections 25C and 25D; and S. 25E(1)(ab) inserted by No. 15/2016 s. 30(1). (ab) the applicant has the prescribed knowledge of the duties and responsibilities of an owner-builder; and (b) the applicant is the owner of the land on which the domestic building work is to be carried out or the application is authorised under section 25F; and (c) the application relates to the carrying out of domestic building work in relation to, or ancillary to, a single dwelling; and (d) the applicant resides and will continue to reside, or intends to reside, in the dwelling; and S. 25E(1)(e) substituted by No. 15/2016 s. 30(2). (e) the applicant has not been issued with a building permit for the carrying out of domestic building work by the applicant as a builder on land owned by the applicant or a related body in the previous 5 years other than in relation to— (i) the dwelling on the land to which the application relates; or (ii) a Class 10 building that is ancillary to the dwelling on the land to which the application relates; and S. 25E(1)(f) substituted by No. 15/2016 s. 30(2). (f) if the applicant co-owns the land to which the application relates with another person, a building permit has not been issued to that person for the carrying out of domestic building work by that person as a builder on land owned by that person in the previous 5 years other than in relation to— (i) the dwelling on the land to which the application relates; or (ii) a Class 10 building that is ancillary to the dwelling on the land to which the application relates; and S. 25E(1)(g) substituted by No. 15/2016 s. 30(2). (g) if the applicant was the co-owner of land (other than land to which the application relates) with another person in the previous 5 years, a building permit has not been issued to that person for the carrying out of domestic building work by that person as a builder on that land in that 5 year period; and S. 25E(1)(h) substituted by No. 21/2017 s. 74. (h) the applicant— (i) is not in the business of building; or (ii) has been exempted from the requirement to be registered under Part 11; or (iii) is a registered building practitioner whose registration does not authorise the carrying out of the work to which the application relates. S. 25E(2) substituted by No. 15/2016 s. 30(3). (2) The Authority must refuse to issue a certificate of consent to an applicant if the Authority is satisfied that the applicant has at any time entered into a contract to sell a building constructed by the applicant without obtaining the required insurance in contravention of section 137B(2)(b). S. 25E(3) amended by No. 15/2016 s. 18(3). (3) Subject to subsection (4), the Authority must refuse to issue a certificate of consent if the requirements of subsection (1) are not met. S. 25E(4) amended by No. 15/2016 s. 18(2)(3). (4) The Authority may exempt an applicant from the requirement in subsection (1)(e), (1)(f) or (1)(g) if the Authority determines that special circumstances exist. S. 25E(5) amended by No. 15/2016 s. 18(3). (5) For the purposes of subsection (4), the Authority may determine that special circumstances exist if it is satisfied that— (a) the application arises from a substantial change in the circumstances of the applicant; or (b) the applicant would suffer hardship if the application were refused. S. 25E(6) substituted by No. 15/2016 s. 30(4). ***Class 10 building*** has the same meaning as it has in the Building Code of Australia; ***related body*** means a body corporate of which the applicant is a director or the trustees of a trust of which the applicant is a beneficiary. S. 25F inserted by No. 66/2004 s. 8.