HOUSING ACT 2003 - SECT 94H Transfer of public housing premises

HOUSING ACT 2003 - SECT 94H

94H Transfer of public housing premises

(1) For the Planning Act and the Economic Development Act 2012 , the transfer of public housing premises does not result in a material change of use of the premises if the transferor is an entity that uses the premises to provide relevant public housing or a housing service.

(2) Without limiting subsection (1) , the transfer may include—

(a) a transfer, from the provider of relevant public housing, to—

(i) an individual; or

(ii) an entity that provides a housing service that is not the provision of relevant public housing; or

(b) a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual.

(3) Without limiting subsection (1) , an entity is taken to use premises to provide relevant public housing or a housing service if the premises are held by the entity for the purpose of providing relevant public housing or a housing service.

(4) Subsection (3) applies even if the premises—

(a) immediately before the transfer, are not occupied by an individual as a residence; or

(b) have never been occupied by an individual as a residence.

(5) Subsection (1) does not affect the transferee’s obligation to comply with all applicable laws for any development of the premises started on or after the transfer of the premises.