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.