Building alterations
4K Building alterations
(1) For section 19(2)(b) of the Act, the limitations and qualifications in this regulation apply to benefits for the cost of alterations to a building in which an eligible person resides or proposes to reside under section 19(1)(b)(i) of the Act.
The benefits are limited to alterations to:
access into and throughout the building; and
the following parts of the building:
a bathroom;
a bedroom;
a living/dining area;
a kitchen or food preparation area.
(3) The benefits are not payable in relation to the construction or alteration of a pool, spa or other aqua-therapy facility.
(4) The benefits are payable only if the alterations are approved by the following:
if the building forms part of a unit title scheme:
(i) if the eligible person owns the unit in which the person resides or proposes to reside – the body corporate; or
(ii) if the eligible person does not own the unit in which the person resides or proposes to reside – the owner of the unit and the body corporate;
(b) if the building does not form part of a unit title scheme and is owned by a person other than the eligible person – the owner of the building;
(c) all persons whose approval of the alterations is required by a law of the Territory or State or other Territory in which the building is located.
The benefits are not payable unless:
(a) an occupational therapist approved by the Commission certifies the building is appropriate for the injured person or is capable of being altered so that it is appropriate for the injured person; and
(b) the Commission has approved the proposed alterations before the alterations are commenced.
(6) The certificate and approvals mentioned in subregulations (4) and (5) must be obtained:
(a) if the alterations are to a building in which the person was living at the time of the motor accident – before the alterations commence; or
if the alterations are to another building:
before the person commits to moving to the building; and
before the alterations commence.
In this regulation:
body corporate means:
(a) a body corporate as defined in section 5 of the Unit Title Schemes Act 2009; or
(b) a corporation as defined in section 4(1) of the Unit Titles Act 1975; or
(c) a body corporate or owners corporation (however described) of a unit title scheme.
unit title scheme means:
(a) a unit title scheme as defined in section 5 of the Unit Title Schemes Act 2009; or
(b) a units plan as defined in section 4(1) of the Unit Titles Act 1975; or
(c) a strata plan (however described) under the legislation of a State or other Territory.
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