Non-conforming interests that are relevant interests
3 Non-conforming interests that are relevant interests
In pursuance of section 5(4) of the Act, where:
a person:
(i) who has entered into a comprehensive home building contract on land used solely or principally for farming purposes; or
(ii) who has not entered into a comprehensive home building contract begins building a home, or having a home built, on land used solely or principally for farming purposes; and
(b) the owner of the land has given permission for the person to occupy the home when it is completed,
the first-mentioned person has a relevant interest in the land.
In pursuance of section 5(4) of the Act, where:
a person:
(i) who has entered into a comprehensive home building contract on land owned by a relative of the person, other than land used solely or principally for farming purposes; or
(ii) who has not entered into a comprehensive home building contract begins building a home, or having a home built, on land owned by a relative of the person, other than land used solely or principally for farming purposes; and
(b) the relative of the person has given permission for the person to occupy the home when it is completed,
the first-mentioned person has a relevant interest in the land.
In this regulation:
child, in relation to a person, includes an adopted child of the person and a stepchild of the person.
farming purposes, see section 4(1) of the Stamp Duty Act 1978.
relative, in relation to a person, means:
a spouse or de facto partner of the person;
(b) the parents of the person or the parents of a spouse or de facto partner of the person;
(c) the grandparents of the person or the grandparents of a spouse or de facto partner of the person;
(d) a sibling of the person or of a spouse or de facto partner of the person;
a child of the person;
a child of a child of the person; or
(g) a spouse or de facto partner of a person referred to in paragraph (d), (e) or (f).
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