HOME BUILDING CONTRACTS ACT 1991 - SECT 25FA
HOME BUILDING CONTRACTS ACT 1991 - SECT 25FA
25FA . Sale by certain owner-builders, further restrictions on
(1) A person to whom
paragraph (b) of the definition of owner-builder applies in relation to a
dwelling must not, within 3 years of the date of issue of the building licence
to the person for the dwelling, sell or otherwise dispose of the land on which
the dwelling was constructed unless the Minister by order otherwise consents.
Penalty: a fine of $10 000.
(2A) A person to whom
paragraph (d) of the definition of owner-builder applies in relation to a
dwelling must not, within 3 years of the date the building licence is issued,
or the building permit is granted, to the person for the dwelling, sell or
otherwise dispose of the land on which the dwelling was constructed unless the
Minister by order otherwise consents.
Penalty: a fine of $10 000.
(2) Before making an
order under subsection (1) or (2A), the Minister is to be satisfied that
—
(a) the
application for the order arises from a change in the circumstances of the
person; and
(b) the
person would suffer hardship if the application were refused.
(3) Subsection (1)
does not apply to a person in relation to a dwelling if the building licence
for the dwelling was issued to the person during a period specified in an
order made under section 25I for the purposes of section 25C(3).
(4) Subsection (2A)
does not apply to a person in relation to a dwelling if the building permit
for the dwelling was granted to the person during a period specified in an
order made under section 25I for the purposes of section 25C(3).
[Section 25FA inserted: No. 37 of 2002 s. 14;
amended: No. 19 of 2011 s. 152.]