Building Act 1993

(a) building work to which repealed section 48G applied had been completed by the owner-builder; and

(b) the declaration mentioned in that section had not been given to the building certifier under repealed regulation 20A(5) of the Building Regulations 1993.

(2) For subsection (1), an owner-builder had completed building work specified in a building permit if he or she had completely ceased to carry out the building work, regardless of whether the work was fully or partially completed.

(3) Substituted section 48G applies in relation to the declaration relating to the building work.

(4) However, subsections (5) to (7) apply if the owner-builder (the original builder):

(a) ceased to carry out the building work after partially completing the work; and

(b) before the commencement day, had transferred his or her interest in the land on which the building work is situated to another person (the new owner).

(5) If the new owner intends to continue carrying out the building work as an owner-builder, the new owner must, as soon as practicable after the commencement day:

(a) satisfy himself or herself that the building work completed by the original builder was carried out in accordance with the building permit granted for the work; and

(b) make a declaration mentioned in section 69(1) relating to the building work completed by the original builder; and

(c) include in the declaration details about the way in which the new owner has satisfied himself or herself for paragraph (a); and

(d) give the declaration to the building certifier who granted the building permit for the building work.

Maximum penalty: 8 penalty units.

(a) take all the steps necessary and using proper care and diligence, which may include engaging suitably qualified and experienced persons to inspect and give reports about the building work; and

(b) ensure other prescribed certification required for the building work completed by the original builder has been obtained.

(7) If a person other than the new owner is to continue the building work, the new owner must apply for an exemption certificate for the building work completed by the original builder as if the reason the original builder had not made the declaration were the occurrence of a prescribed event.