Home Building Contracts Act 1991

A person to whom paragraph (b) of the definition of owner‑builder applies in relation to a dwelling must not, within 3 years of the date of issue of the building licence to the person for the dwelling, sell or otherwise dispose of the land on which the dwelling was constructed unless the Minister by order otherwise consents.

A person to whom paragraph (d) of the definition of owner‑builder applies in relation to a dwelling must not, within 3 years of the date the building licence is issued, or the building permit is granted, to the person for the dwelling, sell or otherwise dispose of the land on which the dwelling was constructed unless the Minister by order otherwise consents.

Before making an order under subsection (1) or (2A), the Minister is to be satisfied that —

the application for the order arises from a change in the circumstances of the person; and

the person would suffer hardship if the application were refused.

Subsection (1) does not apply to a person in relation to a dwelling if the building licence for the dwelling was issued to the person during a period specified in an order made under section 25I for the purposes of section 25C(3).

Subsection (2A) does not apply to a person in relation to a dwelling if the building permit for the dwelling was granted to the person during a period specified in an order made under section 25I for the purposes of section 25C(3).