After section 29 of the Principal Act , the following Part is inserted:

PART 3A - Permits for owner builders

29A.     Building work for which an owner builder permit may be issued

(1)  An owner builder permit may only be issued under this Part to a person who intends to manage or carry out building work on a Class 1a building under the authority of the permit.

(2)  Despite subsection (1) , a person does not require an owner builder permit under this Part if the person intends to manage or carry out building work –

(a) that is excluded from the application of this Part by the regulations; or

(b) that is building services work that is excluded from the application of this Act by the regulations.

29B.     Eligibility for owner builder permit

(1)  A person is eligible to hold an owner builder permit if the person –

(a) meets the prescribed criteria; and

(b) is, or will be, covered by the insurance required under section 29F(1) at the time the permit is issued; and

(c) has successfully completed an owner builder training course, approved under subsection (3) , within the 12-month period immediately before he or she is the subject of an application for an owner builder permit; and

(d) has engaged a building surveyor in respect of the work to be performed as an owner builder as required under the Building Act 2016 .

(2)  Subsection (1)(c) does not apply to a person if –

(a) he or she intends to manage or carry out building work as an owner builder in respect of premises; and

(b) an owner of those premises is also an owner builder in relation to those premises and has complied with subsection (1)(c) .

(3)  The Administrator may, by notice in the Gazette , approve a specific training course, or a training course provided by a person or body specified in the notice, as an owner builder training course for the purposes of subsection (1)(c) .

(4)  A notice under subsection (3) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

29C.     Application for owner builder permit

An application for an owner builder permit –

(a) must be made by a building surveyor engaged on behalf of the person intending to hold the owner builder permit; and

(b) is to be in the approved form; and

(c) is to be accompanied by the prescribed fee.

29D.     Determination of applications for owner builder permit

(1)  On receipt of an application under section 29C , the Administrator must consider the application and –

(a) issue a permit to the person intending to hold the owner builder permit, which may be unconditional or subject to any conditions that the Administrator considers appropriate; or

(b) refuse the application.

(2)  Unless otherwise agreed with the applicant, the Administrator is to make a decision within 21 days after receiving the application.

(3)  The Administrator may only issue a permit under subsection (1)(a) to a person if the Administrator is satisfied that the person –

(a) has engaged a building surveyor in respect of the work to be performed by the person as an owner builder under the owner builder permit; and

(b) is eligible under section 29B to hold an owner builder permit.

(4)  Despite subsection (3)(b) , the Administrator may issue a permit under subsection (1)(a) to a person who is not eligible under section 29B to hold an owner builder permit if the Administrator considers that special circumstances exist.

(5)  If the Administrator refuses to issue an owner builder permit under this section, the Administrator is to give the applicant written notice setting out the reasons for the refusal.

(6)  An applicant may request the Administrator to review the decision and, if he or she is not satisfied with the review, the applicant may appeal to the Magistrates Court (Administrative Appeals Division) under section 82 .

29E.     Cancellation of owner builder permit

The Administrator may cancel an owner builder permit if he or she is satisfied that –

(a) the owner builder permit was obtained by fraud or by making a false or misleading statement; or

(b) the holder of the owner builder permit did not manage, or carry out, the building work to which that permit related; or

(c) the holder of the owner builder permit did not obtain a building permit under the Building Act 2016 , in relation to the building work to be performed under the owner builder permit, within 12 months of the owner builder permit being issued; or

(d) a building permit obtained under the Building Act 2016 , in relation to the building work to be performed under the owner builder permit, has expired or has been cancelled; or

(e) the building work to be performed under the owner builder permit is detrimental to public safety; or

(f) the holder of the owner builder permit does not hold the insurance required under section 29F ; or

(g) the holder of the owner builder permit has committed an offence under –

(i) this Act; or

(ii) the Building Act 2016 .

29F.     Insurance for owner builders

(1)  The Administrator may, by notice published in the Gazette , require an owner builder to be covered by insurance of a type and to an amount specified in the notice.

(2)  A notice published under this section may be combined with a notice published under section 27 .

(3)  A person must not manage or carry out building work under an owner builder permit unless he or she holds, or is taken to hold, the insurance required under this section.

Penalty:  Fine not exceeding 200 penalty units.