Document ID: chunk:federal_register_of_legislation:F2020L00769:reg:8
Version: federal_register_of_legislation:F2020L00769
Segment Type: reg
Provision Reference: reg 8
Character Range: 12935–14386

8  Meaning of new build
  A dwelling is a new build if:
 (a) a certificate of occupancy (or equivalent) was either:
 (i) first issued in relation to the dwelling on or after 1 April 2016; or
 (ii) issued in relation to the dwelling on or after 1 April 2016 following renovations or refurbishments that resulted in the dwelling satisfying the minimum design requirements specified for an SDA design category other than basic; and
 (b) the dwelling is enrolled, or will be enrolled, to house:
 (i) 5 or fewer longer‑term residents (excluding support staff); or
 (ii) more than 5 longer‑term residents from the same family; and
 (c) if subparagraph (b)(ii) applies in relation to the dwelling and the dwelling is the home of an eligible participant who intends to provide SDA to themselves as an SDA provider—only the following persons reside at the dwelling:
 (i) the eligible participant;
 (ii) the eligible participant's spouse or de facto partner;
 (iii) children of the eligible participant or the eligible participant's spouse or de facto partner; and
 (d) the shared areas of the dwelling satisfy the minimum design requirements specified for an SDA design category other than basic; and
 (e) at least one bedroom and one bathroom of the dwelling satisfy the minimum design requirements specified for an SDA design category other than basic.

Part 2—Eligibility to receive support for specialist disability accommodation

Division 1—Introduction