The Building Regulations 2012 have been amended by the Building Amendment Regulations 2015, with the changes slated to come into effect on 1 October 2015.

The legislation has amended the definition of ‘owner’ in relation to Crown land, with respect to section 5(1) of the Building Act 2011.

Originally, the legislation provided that the owner of Crown land was the proprietor of land, in accordance with section 4(1) of the Transfer of Land Act 1893.

The new definition is now more precise and prescribes certain persons to be the owner in relation to Crown land, depending on the nature of the land:

a. In relation to a managed reserve – the management body of the reserve is the ‘owner’;
b. In relation to a road – the ‘owner’ is either the local government, the Commissioner of Main Roads or the Minister of the Crown, whoever has the care, control and management of the road under a written law;
c. In relation to Crown land that is vested in a person or body under a written law other than the Land Administration Act 1997 – that person or body is the ‘owner’;
d. In relation to Crown land that is subject to a lease, other than the land referred to in paragraphs (a)-(c) above – the Minister for Lands and the lessee is the ‘owner’;
e. In relation to any other Crown land – the Minister for Lands is the ‘owner’.

The intention of the amendment is to reduce the complexity in determining who is the owner in relation to Crown land, by specifically prescribing an owner for each type of Crown land.

As always, the Building Surveying team at Green Start Consulting are happy to assist with any queries you may have in relation to these Building Regulation Amendments, or Building Surveying in Perth generally.

Feel free to give us a call on (08) 6114 9356 for more information.

Due to constantly evolving legislation the information provided within this blog may no longer be valid. The advice given on this site is general in nature and does not take into account your specific circumstances. Please email one of our building surveyors to check what is right for you

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