Document ID: chunk:federal_register_of_legislation:C2024A00138:clause:1_9:p4
Version: federal_register_of_legislation:C2024A00138
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 4/5)
Character Range: 18044–20765

the same number of bedrooms as the test dwelling; and
 (c) have a floor area that is at least equal to the floor area of the test dwelling, but does not exceed 110% of that floor area.

Eligibility during construction
 (6) Dwellings of a building are taken to satisfy subsection (1) at a particular time if:
 (a) one or more of the dwellings is not tenanted, and not available to be tenanted, at that time as mentioned in paragraph (1)(a) because of:
 (i) construction of an extension, alteration or improvement to any of the dwellings or the building; or
 (ii) the making of repairs to any of the dwellings or the building; and
 (b) the dwellings satisfied subsection (1) just before paragraph (a) of this subsection began to apply; and
 (c) it is reasonable to expect that the dwellings will satisfy subsection (1) when the construction or repairs are completed.

Commissioner's discretion
 (7) The Commissioner may determine that *dwellings of a building are taken to satisfy one or more of paragraphs (1)(a), (d) and (e) (the eligibility criteria) at all times during a particular period, if:
 (a) the entity that owns the dwellings applies to the Commissioner in the *approved form; and
 (b) the Commissioner is satisfied of the following:
 (i) the dwellings did not otherwise satisfy the eligibility criteria at all times during the period due to events outside the control of the entity;
 (ii) the entity took all reasonable steps to ensure that the dwellings would satisfy the eligibility criteria as soon as practicable;
 (iii) at the time of the determination, the dwellings satisfy the eligibility criteria;
               (iv) at the time of the determination, the entity intends that each dwelling will satisfy subsection (1) for the remainder of its *build to rent compliance period.
 (8) A determination made under subsection (7) has effect according to its terms.

43‑154  Notice of events
 (1) If any of the following events happen in relation to a *build to rent development, each entity to which subsection (3) applies must notify the Commissioner of the event:
 (a) the development *commences to be an *active build to rent development;
 (b) the development *expands;
 (c) the *ownership interest in the development is acquired by another entity;
 (d) the development *ceases to be an active build to rent development.
 (2) The notice must be:
 (a) in the *approved form; and
 (b) given no later than 28 days after the event.
 (3) This subsection applies to the following entities:
 (a) the owner of the development at the time just before the event happens;
 (b) if in the income year in which the event happens, an entity is required to notify the Commissioner under subsection 16‑150(4) in Schedule