Building Services (Registration) Act 2011

The Board must grant an owner‑builder approval if it is satisfied that —

the applicant has complied with sections 43 and 44; and

the application relates to owner‑builder work on land owned by the applicant; and

the applicant or if there is more than one applicant, at least one of the applicants, has sufficient knowledge of the duties and responsibilities of an owner‑builder; and

in the 6 years preceding the application the applicant has not been granted or issued with a building permit as an owner‑builder; and

the applicant has complied with each other requirement prescribed by the regulations for the grant of an owner‑builder approval.

The Board may waive the requirement in subsection (1)(d) if the Board is satisfied that —

the building permit was to carry out owner‑builder work on the land to which the application relates; or

the circumstances of the applicant have changed since the building permit was issued and the applicant would suffer hardship if the application were refused.

Except as provided in subsection (2), the Board must not grant an owner‑builder approval to an applicant if the requirements of subsection (1) are not met.

An owner‑builder approval is to be in a form approved by the Building Commissioner.

The Board must, if it refuses to grant an owner‑builder approval under subsection (1), or to waive the requirements under subsection (2), give the applicant written notice of the decision, the reasons for the decision and the person’s right of review under section 64.