Victorian Consolidated Legislation

Building Act 1993 - SECT 25E

Decision on application for certificate of consent

25E. Decision on application for certificate of consent



(1) The Building Practitioners Board 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

   (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

   (e)  the applicant has not been issued with a building permit for the
        carrying out of domestic building work by the applicant as builder on
        land owned by the applicant or a related body in the previous 3 years
        other than in relation to, or ancillary to, the dwelling on the land
        to which the application relates; and

   (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 builder on land owned by that person in the previous 3 years other
        than in relation to, or ancillary to, the dwelling on the land to
        which the application relates; and

   (g)  if the applicant was a co-owner of land (other than the land to which
        the application relates) with another person in the previous 3 years,
        a building permit has not been issued to that person for the carrying
        out of domestic building work by that person as builder on that land
        in that 3 year period; and

   (h)  the applicant is not in the business of building.

(2) In subsection (1) a reference to a period of 3 years does not include any
period before the commencement of section 8 of the Building (Amendment) Act
2004.

(3) Subject to subsection (4), the Board must refuse to issue a certificate of
consent if the requirements of subsection (1) are not met.

(4) The Board may exempt an applicant from the requirement in subsection
(1)(e), (1)(f) or (1)(g) if the Board determines that special circumstances
exist.

(5) For the purposes of subsection (4), the Board 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.

(6) In this section 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.