New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004 - REG 45

45 Owner-builder permits

(1) For the purposes of the definition of "owner-builder work" in section 29 (1) of the Act, the prescribed amount is $5,000 (inclusive of GST).

(2) For the purposes of section 29 (3) of the Act, a person has a prescribed interest in land (so that the person is an owner of land for the purposes of Division 3 of Part 3 of the Act) if the person individually, jointly or in common, either at law or in equity:

(a) has a freehold interest in the land (such as where the person is duly registered under the Real Property Act 1900 as the proprietor of an estate in fee simple, whether unconditionally, for life or in remainder), or

(b) has a leasehold interest in the land in perpetuity, for life, or for a term exceeding 3 years.

(3) The Director-General may require an applicant for an owner-builder permit who has a leasehold interest in the land concerned (other than a leasehold in perpetuity) to obtain the written permission of the person who has the freehold interest or leasehold interest in perpetuity in that land to carry out the work for which the permit is required.