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Question
1:
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Should our certificate of course completion (and
hence the O-B permit) be issued to Clients Name
or the Pty Ltd Company Name of which he is a
director?
Answer 1:
The
permit applied for will bear the individual's name
albeit that individual has a prescribed interest in
the land on the basis the individual is an owner of
the company (the company that owns the land).
Home Building Act 1989 No 147
Current version for 16 September 2009 to date
(accessed 23 April 2010 at 17:12)
Part 3/Division
3/Section 29
29 Definitions
(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.
Question 2
Please clarify precisely the conditions relating to
the one O-B permit per 5 years because we have
previously been advised that for instance an O-B can
apply for another permit within the 5 year time
frame provided that its for the same property, are
there any circumstances that may permit some one
applying for a second O-B permit within the 5 year
time frame for another property they may have
purchased and if so what is the procedure please?
Answer 2
Home Building Act 1989
No 147
Current version for 16 September 2009 to
date (accessed 23 April 2010 at 11:59)
Part 3/Division
3/Section
31
31 Issue of owner-builder permits
(1) (Repealed)
(2) The Director-General must
reject 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
reject 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.
In circumstances where applicants for Owner
Builder Permits claim special circumstances
for the issue of a further permit within a
five year period the applications are
considered the by NSW Fair Trading-Home
Building Service, Director Licensing on a
case by case basis.
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