Victorian Numbered Acts

BUILDING LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2016 (NO. 15 OF 2016) - SECT 30

    (1)     After section 25E(1)(a) of the Building Act 1993 insert —

    "(ab)     the applicant has the prescribed knowledge of the duties and responsibilities of an owner-builder; and".

    (2)     In section 25E(1) of the Building Act 1993 , for paragraphs (e), (f) and (g) substitute —

        (e)     the applicant has not been issued with a building permit for the carrying out of domestic building work by the applicant as a builder on land owned by the applicant or a related body in the previous 5 years other than in relation to—

              (i)     the dwelling on the land to which the application relates; or

              (ii)     a Class 10 building that is 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 a builder on land owned by that person in the previous 5 years other than in relation to—

              (i)     the dwelling on the land to which the application relates; or

              (ii)     a Class 10 building that is ancillary to the dwelling on the land to which the application relates; and

        (g)     if the applicant was the co-owner of land (other than land to which the application relates) with another person in the previous 5 years, a building permit has not been issued to that person for the carrying out of domestic building work by that person as a builder on that land in that 5 year period; and".

    (3)     For section 25E(2) of the Building Act 1993 substitute —

    "(2)     The Authority must refuse to issue a certificate of consent to an applicant if the Authority is satisfied that the applicant has at any time entered into a contract to sell a building constructed by the applicant without obtaining the required insurance in contravention of section 137B(2)(b).".

    (4)     For section 25E(6) of the Building Act 1993 substitute —

    "(6)     In this section—

Class 10 building has the same meaning as it has in the Building Code of Australia;

"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.".