Division 3Division 3 Owner-builder permits
(1) In this Division:owner-builder work means residential building work:
(a) the reasonable market cost of the labour and materials involved in which exceeds the prescribed amount, and(b) that relates to a single dwelling-house or a dual occupancy:(i) that may not be carried out on the land concerned except with development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or(ii) that is complying development within the meaning of that Act.(2) If land is owned by a company that is wholly owned by individuals, the land is to be taken (for the purposes of this Division) to be owned by those individuals.(3) In this Division, a reference to an owner of land includes a reference to a person who has a prescribed interest in the land.
30 Application to owner-builder permits of Licensing and Registration (Uniform Procedures) Act 2002
(1) The Director-General may grant owner-builder permits for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of an owner-builder permit, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to an owner-builder permit:(a) the permit may be amended under that Act, and(b) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days.(4) An application for an owner-builder permit may be made only by an individual, and not by a corporation, partnership or other association.(5) Subject to this section, the regulations may make provision for or with respect to such matters concerning an owner-builder permit as are relevant to the operation of Part 2 of the applied Act.
31 Issue of owner-builder permits
(1) (Repealed)(2) The Director-General must refuse an application for an owner-builder permit if the Director-General is not satisfied:(a) that the applicant is an individual of or above the age of 18 years, or(b) that the applicant owns the land concerned, whether or not together with another or other individuals, or(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(d) that the applicant has completed any applicable education course or training approved by the Director-General for the purposes of this section.(3) The Director-General must refuse an application for an owner-builder permit if the applicant was, during the 5 years (or, if the regulations prescribe another period, during the other period) occurring immediately before the application was lodged, issued with another owner-builder permit (or an owner-builder permit under the Builders Licensing Act 1971), unless the Director-General is satisfied:(a) that the application and the other permit both relate to the same land and to related owner-builder work, or(b) that special circumstances exist.
32 Authority conferred by owner-builder permits
(1) An owner-builder permit authorises its holder to do such residential building work as is described in the permit on the land specified in the permit.(2) The authority conferred by an owner-builder permit:(a) is subject to the conditions applicable to the permit for the time being, and(b) may, on the application of the holder of the permit, be varied by an order of the Director-General set out in a notice served on the holder of the permit.
(1) The holder of an owner-builder permit must not contract with another person for that person to do any residential building work (or any part of the work) for the holder unless the person is the holder of a contractor licence to do work of that kind.Maximum penalty: 200 penalty units.
(2) The holder of an owner-builder permit is not guilty of an offence under this section if the holder establishes that the holder did all that could reasonably be required to prevent the contravention of this section.