Building Act 1972 (ACT)

Building Act 1972 (repealed)

A1972-26

Republication No 17

Effective: 1 September 2004

Republication date: 1 September 2004

As repealed by A2004-11 s 181

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Building Act 1972 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 September 2004.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.

Building Act 1972 (repealed)

Contents

Page

Part 1Preliminary

Name of Act 2
Interpretation for Act 2
Application of Act generally 9

6AA Application—prescribed buildings 9
6BApplicable standard—amendment 9
Part 2Administration
Division 2.1Building controller and inspectors

Building controller 11

7ADeputy building controllers 11
7BBuilding controller and deputy building controllers—identity cards 12

Appointment of building inspectors 12
Inspection 13

9AInspection of premises for hazardous substances 15
Division 2.2Conduct of inquiries

Procedure 20
Evidence 21
Legal representation 21

Division 2.3Builder’s licences

Classes of builder’s licences 21
Applications for builder’s licence 24
Eligibility for builder’s licences 25
Grant of licence 28
Variation, suspension or cancellation of licences 30

18A Preliminary suspension of builder’s licence 34

Notification of decision to suspend or cancel 34
Register of builder’s licences 35
Loss etc of licence 36
Change of nominee 36
Notice of change of address 37

Division 2.3A         Owner-builders’ licences
23A         Grants of licences  37
23B         Period for which owner-builder’s licence is in effect  39
Division 2.4The building code

Building code 39
Publication of building code etc in newspaper 40
Inspection 40
Exemptions 41
Certified copies 41

Part 3Building work
Division 3.1Preliminary

Meaning of stage in pt 3 42

Division 3.2Certifiers and government certifiers
29A Meaning of certifier, eligible person and government certifier for div 3.2 42

Eligibility for appointment—certifiers and government certifiers 42
Appointment of certifiers 43

31A         Appointment of government certifiers  43
31B         Power to require building documents  44
31C         Protection of government certifiers from liability  45

Notice of certifier’s appointment or end of appointment 45
Prohibition against contracting out 45

Division 3.3Grant of building approvals
33A Application for building approval 46

Issue of building approvals 46

34A External design and siting considerations 50

Amendment of approved plans 50

35A Effect of issue of further building approval 51

Land to be used in accordance with lease 51

36A Period for which approvals are in force 51
Division 3.4Carrying out building work

Requirements for carrying out building work 52

37A Notifications by owner of land in relation to building work 53

Notifications by certifier in relation to building work 54

38A Stages of building work 55

Building inspector may specify safety precautions 57

Division 3.5Completion of building work
39A Structural engineer’s certificate 58

Completion of building work 58

Division 3.6Offences
40A Compliance with building code 60

Notification of breaches 61

41A Carrying out building work in breach of s 37 61
Part 4Stop and demolition notices
42S Meaning of easement 63

Stop notices 63
Further notices relating to stop notices 65
Service of notice 66

45A Notice to produce survey plan 66

Notice to carry out building work 67
Compliance with notices 70

Part 4ARemoval of loose asbestos
51A         Treatment and removal of loose asbestos by Territory  71
51B         Additional powers of Territory  71
51C         Notice to occupier that work is to be performed  72
51D         Service of notices  73
51E         Notice to owner that work is to be performed  74
51F         Entry to building with force  74
51G         Liability of Territory  75
51H         Obstruction of Territory  75
Part 5Occupancy of buildings

Effect of certificates under pt 5 76
Certificate of occupancy 76

53AA Certificates of occupancy and use for owner-builders 79
53AB Government buildings 79

Occupation and use of buildings 82

54A Use of buildings restricted 82
54B Occupation and use of ex-government buildings 84

Action by building controller on unauthorised use of premises 84
Copies of certificates of occupancy and regularisation 85
Safe live load plates 85
Exceeding safe live load 86

Part 6Residential building—statutory warranties, insurance and fidelity certificates
Division 6.1General

Definitions for pt 6 87

59A Meaning of completion day for pt 6 88

Cost of building work 88

Division 6.2Statutory warranties

Application 89
Statutory warranties 90
Builder’s liability 91

Division 6.3Residential building insurance

Residential building work insurance 91
Recovery from builder 94
Duties of insurers 95

Division 6.4Approved fidelity fund schemes

Approval of fidelity fund schemes 96
Additional information etc 97
Minister may require changes to scheme 97
Approval criteria for fidelity fund schemes 97
Approval of scheme may be conditional 99
Application for changes to approved scheme 99
Approval of changes to approved scheme 100
Prudential standards 100
Compliance with prudential standards by trustees 102
Notice to trustees to comply with prudential standards 102
Notice to trustees requiring information 103
Suspension or cancellation of approval of approved scheme 104
Cancellation of approval on application 105
Orders consequential on etc suspension or cancellation 106
Address for service for trustees 106

Division 6.5Auditors and actuaries of approved schemes

Appointment of auditor and actuary for approved scheme 106
Approval of appointment of auditor or actuary 107
Revocation of approval of appointment of auditor or actuary 108
When person stops holding appointment as auditor or actuary 108
Notification of appointment or ending of appointment of auditor or actuary 109
Compliance with prudential standards by auditors and actuaries 109
Auditor and actuary to tell Minister if scheme insolvent etc 109
Giving of information to authority by auditor or actuary etc 110
Auditor’s role 111
Actuary’s role 111
Certificates and reports required to be given to Minister 112
Investigation of liabilities by special actuary 112
Offences in relation to appointment of special actuary 114
Who can be appointed as special actuary 114
Obligations of trustees to auditors and actuaries 115
Protection of auditor and actuary from liability 115

Part 7Miscellaneous

Service of notices etc 116
False or misleading statements 116
Review by administrative appeals tribunal 117
Recovery of costs of work carried out by inspector 119
Evidence 119
Legal liability for acts of building controller etc 121
Conduct of directors, servants and agents 121
Determination of fees 123
Approved forms 123
Regulation-making power 124

Endnotes

About the endnotes 125
Abbreviation key 125
Legislation history 126
Amendment history 134
Earlier republications 157

Building Act 1972 (repealed)

An Act relating to the erection, alteration and demolition of buildings

Part 1Preliminary

Name of Act
This Act is the Building Act 1972.
Interpretation for Act
(1)In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
applicable standard means Australian Standard 3666-1989, as amended for this Act under section 6B and section 42N (before its repeal).
approved means approved by the building controller.
approved plans means plans, including amended plans, that relate to building work in relation to which a building approval is in effect.
asbestos means—
(a)any of the following minerals:
(i)actinolite;
(ii)amosite;
(iii)chrysotile;
(iv)crocidolite;
(v)erionite;
(vi)fibrous anthophyllite;
(vii)tremolite; or
(b)any substance or material containing any of those minerals.
authorised insurer means a body corporate that has been granted authority to carry on insurance business under the Insurance Act 1973 (Cwlth).
builder’s licence means a builder’s licence class A, builder’s licence class B, builder’s licence class C or builder’s licence class D that is in force under division 2.3.
building includes—
(a)a structure on or attached to land; and
(b)an addition to a building; and
(c)a structure attached to a building; and
(d)a part of a building.
building approval means a building approval under part 3.
building code—see section 24.
building controller means the building controller under section 7.
building inspector means a person for the time being appointed a building inspector under section 8.
building work, in relation to a building, means—
(a)work in connection with the erection, alteration or demolition of the building, and includes disposal of waste materials generated—
(i)by the alteration of a building other than a class 1, class 2 or class 10a building; or
(ii)by the demolition of any building; or
(b)work in connection with repairs of a structural nature to the building; or
(c)work in connection with—
(i)the installation of a specialised system in the building; or
(ii)the structural modification or removal of a specialised system installed in the building; or
(d)the performance of any work in relation to the building that is carried out at the site of the building and involves the handling of asbestos or the disturbance of loose asbestos.
certificate of occupancy means a certificate under section 53.
certificate of regularisation means a certificate under section 53AB.
certifier—
(a)for building work—means a person who is appointed to act as certifier under section 31 (Appointment of certifiers), or as government certifier under section 31A (Appointment of government certifiers), for the work;
(b)for division 3.2 (Certifiers and government certifiers)—see section 29A (Meaning of certifier, eligible person and government certifier for div 3.2).
class 1, in relation to a building—see the building code.
class 2, in relation to a building—see the building code.
class 10a, in relation to a building—see the building code.
designated area—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
dwelling means a class 1 or class 2 building.
external design, in relation to a building, includes any matter affecting the appearance of the exterior of the building.
fidelity certificate—see section 59 (Definitions for pt 6).
government agency means an administrative unit, a Territory authority, a Commonwealth department, or a body (whether incorporated or not) established by or under a Commonwealth Act.
Land Act means the Land (Planning and Environment) Act 1991.
lease—see Land Act, section 159.
licensee means a person to whom a builder’s licence has been granted.
loose asbestos, in relation to a building, means asbestos that is not securely attached to the building.
mechanical ventilation system includes—
(a)an air-handling system within the meaning of the applicable standard; and
(b)a condenser within the meaning of the applicable standard; and
(c)a cooling tower within the meaning of the applicable standard.
owner, in relation to land, means—
(a)if the land is held under a lease from the Commonwealth for a term of years—the lessee; or
(b)if the land is held in fee simple—the person in whom the fee simple is vested; or
(c)if the land is subdivided into units and common property by the registration of a units plan under the Unit Titles Act 2001—
(i)if building work has been, is being or is to be carried out on the land for the owners corporation—the owners corporation; or
(ii)if building work has been, is being or is to be carried out on the land for the proprietor of a unit—the proprietor; or
(iii)in any other case—the owners corporation; or
(d)if the land is occupied under a tenancy from the Territory or the Commonwealth—the occupier; or
(e)if the Territory carries out or proposes to carry out building work on the land—the Territory; or
(f)if the Commonwealth carries out or proposes to carry out building work on the land—the Commonwealth.
owner-builder’s licence means a licence under section 23A.
plans, for a building, includes—
(a)specifications; and
(b)any waste management plan.
prescribed means prescribed by the regulations.
proprietor, of a unit, means the owner of the unit within the meaning of the Unit Titles Act 2001.
repealed laws means the laws repealed by this Act.
residential building insurance policy means an insurance policy that complies with section 64.
specialised system means—
(a)a warm water system; or
(b)a mechanical ventilation system.
specialist building work means any prescribed building work.
statutory warranty means a warranty specified in section 62.
stop notice means a notice under section 43 prohibiting the carrying out of building work.
storey—see the Territory plan, as in effect from time to time under the Land Act.
structure includes a fence, retaining wall, swimming pool, ornamental pond, mast, antenna, aerial, advertising device, notice or sign.
the commencing date means the date fixed under section 2.
training fund board means the Building and Construction Industry Training Fund Board under the Building and Construction Industry Training Levy Act 1999.
training levy means the training levy under the Building and Construction Industry Training Levy Act 1999.
unit has the same meaning as in the Unit Titles Act 2001.
warm water system means a water system within the meaning of the applicable standard in which the temperature of the water at the point of outlet is not lower than 30oC and not higher than 55oC.
waste management plan, in relation to building work that involves the demolition or alteration of a building, means information that includes—
(a)the extent of work to be undertaken; and
(b)the nature and amount of waste that will be generated; and
(c)the place to which each kind of waste will be taken by the builder, or the builder’s agent, for reuse, recycling or disposal; and
(d)any other information prescribed under the regulations.
(2)A reference in this Act to a builder’s licence includes a reference to a builder’s licence or a builder’s special licence continued in force under this Act.
(3)In this Act:
(a)a reference to the erection of a building includes a reference to the removal of a building and its re-erection, with or without alteration, after its removal from another location; and
(b)a reference to the alteration of a building includes a reference to—
(i)the demolition of part of a building; and
(ii)an addition to a building; and
(c)a reference to the removal of a building is a reference to the removal of an existing building from one place for re-erection, with or without further alteration, at another place, and includes a reference to the demolition of part of a building so removed or proposed to be so removed; and
(d)a reference to the demolition of a building does not include a reference to the demolition of part of the building.
(4)A reference in this Act to the handling of asbestos includes a reference to—
(a)the preparation and processing of asbestos; and
(b)the mixing of asbestos with another substance; and
(c)the installation, repair, modification or removal of—
(i)thermal or acoustic insulation; or
(ii)fireproofing material; or
(iii)building material;
that is asbestos; and
(d)treating or securing loose asbestos to prevent it from moving; and
(e)sealing a cavity in a building, or another part of a building, that contains loose asbestos to prevent movement of the loose asbestos from that cavity or part of the building.
Application of Act generally
(1)This Act does not affect the operation of any other law in force in the ACT relating to land use or to the provision for a building of services including works for sewerage and drainage or for water or electricity supply.
(2)This Act does not apply to or in relation to a temporary building (other than a dwelling place) erected on the site of building work in connection with the erection or alteration of a building for which a building approval has been obtained and being a building that is to be removed on completion of the building work.
(3)The provisions of this Act are in addition to, and do not derogate from, the provisions of the Scaffolding and Lifts Act 1912.

6AAApplication—prescribed buildings
(1)Parts 3 and 6 do not apply to building work begun or carried out after the commencement of this section in relation to a prescribed building.
(2)Part 5 does not apply to a prescribed building.
(3)Part 3 does not apply to building work carried out before the commencement of this section in relation to a building if, had that building work been carried out after that commencement, it would have been building work carried out in relation to a prescribed building.
(4)Part 5 does not apply to a building erected or altered before the commencement of this section (being a building, the building work in relation to which was completed before that commencement) if, had that building been erected or altered after that commencement, it would have been a prescribed building.

6BApplicable standard—amendment
(1)The Minister may, in writing, amend the applicable standard.

(2)An amendment is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Part 2Administration
Division 2.1Building controller and inspectors

Building controller
(1)There may be a building controller.
(2)In addition to exercising his or her functions under this Act, the building controller may exercise any of the functions of a building inspector.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
(3) The building controller may act as agent for the training fund board in connection with payments of training levy.
(4) In acting under subsection (3) the building controller must act as directed by the training fund board.
(5)The chief executive shall create and maintain an office in the public service the duties of which include exercising the functions of the building controller.
(6)The building controller shall be the public servant for the time being exercising the duties of the public service office referred to in subsection (5).

7ADeputy building controllers
(1)There may be 1 or more deputy building controllers.
(2)A deputy building controller may exercise any function of the building controller, subject to any direction of the building controller.
(3)The chief executive shall create and maintain 1 or more offices in the public service the duties of which include exercising the functions of a deputy building controller.
(4)A deputy building controller shall be any public servant for the time being exercising the duties of a public service office referred to in subsection (3).

7BBuilding controller and deputy building controllers—identity cards
(1)The chief executive shall issue to the building controller an identity card that specifies the building controller’s name and office, and on which appears a recent photograph of the building controller.
(2)The chief executive shall issue to a deputy building controller an identity card that specifies the deputy’s name and office, and on which appears a recent photograph of the deputy.
(3)On ceasing to occupy, or to act in, the office of building controller, or an office of deputy building controller, a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
Maximum penalty: 1 penalty unit.

Appointment of building inspectors
(1)The building controller may, in writing, appoint the persons that he or she considers necessary to be building inspectors for this Act.
(2)The building controller shall issue to each building inspector an identity card that specifies the name and appointment of the building inspector and bears a recent photograph of the building inspector.
(3)A person appointed to be a building inspector shall, on ceasing to be a building inspector, return his or her identity card to the building controller.
(4)A person who, without reasonable excuse, fails to comply with subsection (3) commits an offence.
Maximum penalty (subsection (4)): 1 penalty unit.
Inspection
(1)A building inspector may from time to time inspect building work in relation to which a building approval is in effect for the purpose of ascertaining whether the building work is being or has been carried out in accordance with this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001, s 104).
(2)If the building controller has reasonable grounds for suspecting that—
(a)building work is being or has been carried out and—
(i)a building approval has not been obtained in relation to that building work; or
(ii)the work is not being or has not been carried out in accordance with the approved plans or a notice under part 4; or
(b)a completed building has deteriorated to such an extent—
(i)for a building in relation to the erection or alteration of which plans or plans and specifications have been approved under this Act or under the repealed laws—as to be unfit for use as a building of the class specified, or for the purpose stated, in the plans or plans and specifications so approved in relation to the most recent building work that has been carried out in relation to that building; or
(ii)in any other case—as to be unfit for any type of use; or
(c)a building or part of a building is no longer structurally sound; or
(d)because of the use to which the building has been or is being put, the maximum safe live load has been or is being exceeded or the load on the building has been or is in excess of the load that the building was designed to carry; or
(e)for a building in relation to the erection or alteration of which plans or plans and specifications have been approved under this Act or under the repealed laws—the building is being used other than as a building of the class specified, or for the purpose stated, in the plans or plans and specifications so approved in relation to the most recent building work that has been carried out in relation to that building; or
(f)a building or part of a building is unsafe because of fire hazard or unfit for use because of a danger to health;
the building controller may, in writing, authorise a building inspector to carry out an inspection of the building work or the building at any reasonable time.
(3)For the purposes of an inspection under this section, the building controller may—
(a)authorise the making of tests of the soil or the building materials used or to be used in the building work or building; and
(b)order the opening or cutting into or pulling down of any building work.
(4)If, on inspection, it is found that there are grounds for the giving of a stop notice, the builder shall bear the costs of any pulling down, opening or cutting into the building work carried out in the course of the inspection but, if, on inspection, it is found that there are no grounds, those costs shall be borne by the Territory.
(5)If the requirements of a notice under part 4 have not been complied with in accordance with that notice, the planning and land authority may, in writing, authorise a building inspector, with the assistance the building inspector considers necessary, to enter on the land where the building work referred to in the notice has been, is being or should have been carried out and to carry out the requirements.
(6)For this section, a building inspector may enter on any land or premises where a building has been erected or building work is being or has been carried out.
(7)A building inspector who enters on land or premises under this section is not authorised to remain on the land or premises if, on request by the occupier of the land or premises, he or she does not produce a written certificate signed by the building controller that he or she is authorised so to enter.
(8)A person who, without reasonable excuse, obstructs a building inspector acting under this section commits an offence.
Maximum penalty (subsection (8)): 50 penalty units, imprisonment for 6 months or both.

9AInspection of premises for hazardous substances
(1)The building controller may, in writing, authorise a building inspector to inspect a building to determine whether it contains loose asbestos.
(2)Subject to this section, a building inspector who is authorised to inspect a building under subsection (1) may, at any reasonable time of the day—
(a)enter on the land where the building is situated; and
(b)inspect the building;
and may, for the purpose of performing the inspection—
(c)open any cavity in the building, or any other part of the building, to determine whether it contains loose asbestos; or
(d)examine or perform tests on any substance that the building inspector finds in or about the building and that he or she suspects, on reasonable grounds, may be loose asbestos; or
(e)remove from the building, for testing, samples of any substance that the building inspector finds in or about the building and that he or she suspects, on reasonable grounds, may be loose asbestos.
(3)A building inspector shall not inspect a building to determine whether it contains loose asbestos unless—
(a)the building controller has given the occupier of the building written notice not less than 7 days before the day when the inspection is to take place that states—
(i)the purpose of the inspection; and
(ii)the period within which the inspection is to take place; and
(iii)the procedure that will be adopted for advising the occupier of the results of the inspection; and
(iv)that the building inspector who is to perform the inspection will be carrying an identity card that bears a photograph of the building inspector; and

(b)on attending at the building to make the inspection, the building inspector endeavours to ascertain whether the occupier is present at the building and, if the building inspector finds that the occupier is present, he or she endeavours to—
(i)advise the occupier that he or she proposes to inspect the building; and
(ii)advise the occupier of the purpose of the inspection; and
(iii)show the occupier his or her identity card.

(4) A building inspector shall not inspect a building under this section unless the building inspector carries an identity card that bears a photograph of the building inspector.
(5)A notice under subsection (3) (a) may be given to the occupier of a building by—
(a)leaving it at the building to be inspected; or
(b)sending it by post addressed to the occupier at the address of the building to be inspected.
(6)If a building inspector requires access to the interior of a building for the purpose of performing an inspection under this section (other than access that may be gained to a roof cavity of the building by lifting or moving roofing material), the building inspector shall make reasonable endeavours to contact the occupier of the building and make arrangements convenient to the occupier and the building inspector for the occupier to give the building inspector the access he or she requires.
(7)If a building inspector has contacted the occupier of a building under subsection (6) and made arrangements of the kind referred to in that subsection, the building inspector may enter the building in accordance with those arrangements for the purpose of performing an inspection under this section.
(8)If—
(a)a building inspector has, under subsection (6), made reasonable endeavours to contact the occupier of a building to make arrangements of the kind referred to in that subsection but has been unable to—
(i)contact the occupier; or
(ii)make arrangements of that kind; or

(b)a building inspector has, under subsection (6) made arrangements of the kind referred to in that subsection with the occupier of a building but the occupier has refused or failed to give the building inspector access to the interior of the building in accordance with those arrangements;
the building controller may, in writing, authorise the building inspector to gain the access he or she requires to the interior of the building to perform an inspection under this section.
(9)A building inspector who is authorised to enter a building under subsection (8) may enter the building at any reasonable time of the day with the assistance and with the force that is necessary and reasonable for the purpose of performing an inspection under this section.
(10)A building inspector who gains access to a roof cavity or other part of a building by lifting or moving roofing or other material shall, as soon as practicable after the completion of his or her inspection, restore the building to the condition in which it was immediately before the inspection.
(11) A building inspector who gains access to the interior of a building in accordance with arrangements made under subsection (6) shall—
(a)cause as little damage as is practicable to the building in the exercise of his or her powers under this section; and
(b)behave courteously to any person he or she encounters in the building; and
(c)respect the rights of privacy of any person using the building; and
(d)if the building inspector has, in his or her arrangements with the occupier of the building under subsection (6), undertaken to close the building at the completion of the inspection—close the building securely in accordance with those arrangements.
(12) A building inspector who enters a building by force under subsection (9) shall—
(a)cause as little damage as is practicable to the building in entering it and in exercising his or her other powers under this section; and
(b)behave courteously to any person he or she encounters in the building; and
(c)respect the rights of privacy of any person using the building; and
(d)close the building securely on leaving it at the end of the inspection.
(13) If a building inspector, in the exercise of his or her powers under this section in relation to a building, causes damage to the building, or the land where it is situated, the building inspector shall, before departing from the building at the completion of the inspection, leave at the building a report addressed to the occupier of the building giving particulars of the damage so caused.
(14) A building inspector who inspects a building under this section shall, before departing from the building at the completion of the inspection, leave at the building a report addressed to the occupier of the building that—
(a)states that the building inspector has not found any substance in or about the building that he or she believes may be loose asbestos; or
(b)states that the building inspector has found a substance in or about the building that he or she believes may be loose asbestos, that he or she has taken samples of the substance for testing and that the occupier will be promptly advised of the results of the tests when those results become available.
(15) If a building inspector removes a sample of a substance from a building for testing under subsection (2) (e)—
(a)the building inspector shall promptly arrange for the sample to be tested to determine whether it is loose asbestos; and
(b)the building controller shall arrange for a written report of the results of the tests to be promptly provided to the occupier of the building when the results become available.
(16) A report under subsection (15) (b) may be provided to the occupier of a building by—
(a)leaving it at the building to which it relates; or
(b)sending it as a letter by post addressed to the occupier at the address of the building to which it relates.
(17) A building inspector who enters premises to perform an inspection under this section is not authorised to remain on the premises if, on request by the occupier of the premises or a person apparently in charge of the premises, he or she does not show his or her identity card.
(18) A person who, without reasonable excuse, obstructs or hinders a building inspector acting under this section commits an offence.
Maximum penalty (subsection (18)): 50 penalty units, imprisonment for 6 months or both.

Division 2.2Conduct of inquiries

Procedure
(1)The procedure at an inquiry under this Act is within the discretion of the building controller.
(2)The building controller may adjourn an inquiry from time to time.
Evidence
(1)At an inquiry the building controller may take evidence on oath or affirmation and for that purpose may administer an oath or affirmation.
(2)In conducting an inquiry, the building controller is not bound by rules of evidence but may inform himself or herself in the way the building controller considers appropriate.
Legal representation
(1)At an inquiry a person may be represented by a lawyer who may examine witnesses and address the building controller on behalf of the person for whom he or she appears.
(2)If an inquiry is to be held under this Act, the building controller may appoint a lawyer to examine witnesses and advise the building controller on any matter relating to the inquiry.

Division 2.3Builder’s licences

Classes of builder’s licences
(1)For this Act, there shall be 4 classes of builder’s licences, namely—
(a)builder’s licences class A; and
(b)builder’s licences class B; and
(c)builder’s licences class C; and
(d)builder’s licences class D.
(2)Subject to this section, a builder’s licence class A authorises the person to whom it is granted to carry out any kind of building work other than specialist building work.
(3)Subject to this section, a builder’s licence class B authorises the person to whom it is granted to carry out any building work other than—
(a)building work in connection with a building comprising more than 3 storeys; or
(c)specialist building work.
(4)Subject to this section, a builder’s licence class C authorises the person to whom it is granted to carry out any building work in connection with a class 1, class 2 or class 10a building that comprises no more than 2 storeys, other than—
(a)building work that involves the use of—
(i)structural beams the maximum of any of the spans of which exceeds 6m; or
(ii)reinforced concrete beams the maximum of any of the spans of which exceeds 6m; or
(iii)suspended reinforced concrete in slabs the maximum of any of the spans of which exceeds 6m; or
(b)specialist building work.
(5)A builder’s licence class D authorises the person to whom it is granted to carry out the specialist building work specified by the building controller by endorsement on the licence.
(6)Subject to this section, a builder’s licence class B, a builder’s licence class C or a builder’s licence class D also authorises the person to whom it is granted to carry out any building work that does not affect an integral part of the structure of a building.
(7) The building controller may, by endorsement on the relevant licence, authorise the holder of a builder’s licence class A, a builder’s licence class B or a builder’s licence class C to carry out the specialist building work specified in the endorsement.
(8) The building controller may grant a builder’s licence subject to the conditions or restrictions the building controller considers appropriate in relation to—
(a)the kinds of building work that may be carried out; and
(b)standards to be observed and procedures to be followed in carrying out building work; and
(c)the number of building projects that may be undertaken by the builder concurrently; and
(d)the value of building work that may be undertaken;
under the licence, and the building controller shall, when he or she issues the licence, endorse those conditions or restrictions (if any) on the licence.
(9)A licensee shall not carry out building work—
(a)knowing that he or she is not the holder of a builder’s licence that authorises him or her to carry out that building work; or
(b)with reckless indifference to whether the building work is building work that the licensee is authorised to carry out by the builder’s licence held by the licensee.
Maximum penalty: 50 penalty units.
(10) A licensee shall not carry out building work that involves the handling of asbestos—
(a)knowing that he or she is not the holder of a builder’s licence that authorises him or her to carry out that building work; or
(b)with reckless indifference to whether the building work is building work that the licensee is authorised to carry out by the builder’s licence held by the licensee.
Maximum penalty: 50 penalty units.

Applications for builder’s licence
(1)Subject to this section, a person may apply to the building controller, in writing, for the grant of a builder’s licence included in 1 of the 4 classes of licences specified in section 14.
NoteA fee may be determined under s 108 (Determination of fees) for this section.
(2)An applicant for a builder’s licence—
(a)for a builder’s licence class D—shall; or
(b)for any other builder’s licence—may;
in his or her application for the licence, specify specialist building work for authorisation by endorsement on the licence under section 14 (5) or (7).
(3) An application for a builder’s licence lodged by a company shall be accompanied by a written certificate signed by a director of the company certifying that the information contained in the application is, to the best of his or her knowledge and belief, true.
(4)For an application for a builder’s licence by a company, the building controller shall refuse the application unless the company has, in its application, nominated as the person who is to be responsible for the adequate direction and supervision of building work to be undertaken by the company, a director or an employee of the company who is the holder of a licence included in the class of licences to which the application relates.
(5)For an application by 2 or more persons carrying on business in partnership, the building controller shall refuse the application unless the applicants have, in the application, nominated as the person to be responsible for the adequate direction and supervision of building work to be undertaken by the partnership 1 of the partners who is the holder of a licence included in the class of licences to which the application relates.
Eligibility for builder’s licences
(1)Subject to subsection (11), a person other than a company is not eligible for the grant of a builder’s licence class D unless—
(a)he or she has such qualifications and skills in relation to the specialist building work specified in his or her application for the licence as are adequate to enable him or her to carry out that work in accordance with the prescribed standards; and
(b)he or she has satisfactorily carried out on his or her own account or under supervision, for periods that total not less than 3 years, specialist building work of the kind specified in his or her application for the licence.
(2)A person other than a company is not eligible for the grant of a builder’s licence class C unless—
(a)he or she holds a certificate issued by the Canberra Institute of Technology certifying that he or she—
(i)has successfully completed a course at the Canberra Institute of Technology approved by the Minister in writing; and
(ii)has at least 12 months experience in building work gained during or after undergoing that course; or
(b)he or she holds a certificate issued by a tertiary institution outside the ACT certifying that he or she—
(i)has successfully completed a course at that institution approved by the Minister in writing; and
(ii)has at least 12 months experience in building work gained during or after undergoing that course; or
(c)he or she is a person who has skills and has had experience that make him or her as capable of carrying out building work as a person who has the certificate referred to in paragraph (a).
(3)A person other than a company is not eligible for the grant of a builder’s licence class B unless—
(a)he or she holds a certificate issued by the Canberra Institute of Technology certifying that he or she—
(i)has successfully completed a course at the Canberra Institute of Technology approved by the Minister in writing; and
(ii)has at least 12 months experience in building work gained during or after undergoing that course; or
(b)he or she holds a certificate issued by a tertiary institution outside the ACT certifying that he or she—
(i)has successfully completed a course at that institution approved by the Minister in writing; and
(ii)has at least 12 months experience in building work gained during or after undergoing that course; or
(c)he or she is a person who has qualifications and skills that make him or her as capable of carrying out building work as a person who has the certificate referred to in paragraph (a) and he or she has satisfactorily carried out under supervision or on his or her own account for periods that total not less than 3 years building work other than building work of the kind that the holder of a builder’s licence class D is authorised to carry out.
(4)A person other than a company is not eligible for the grant of a builder’s licence class A unless—
(a)he or she holds an Australian tertiary qualification, approved by the Minister in writing, in architecture, civil engineering, structural engineering or building; or
(b)he or she holds an overseas tertiary qualification in architecture, civil engineering, structural engineering or building the standard required for attaining that is equivalent to, or higher than, that required for attaining a corresponding qualification referred to in paragraph (a); or
(c)he or she is a person who has qualifications and skills that make him or her as capable of carrying out building work as a person who has a tertiary qualification referred to in paragraph (a) and has satisfactorily carried out on his or her own account or under supervision for periods that total not less than 3 years building work other than building work of the kind that the holder of a builder’s licence class C or a builder’s licence class D is authorised to carry out.
(5)An approval by the Minister under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(6)A company is not, or 2 or more persons carrying on business in partnership are not, eligible for the grant of a builder’s licence included in the class of licences to which the application relates unless the person nominated in the application for the licence as the director or employee of the company or the partner who is to be responsible for the adequate direction and supervision of building work to be undertaken by the company or partnership is the holder of such a licence.
(7)If a person other than a company is otherwise eligible under this section for the grant of a builder’s licence, or 2 or more persons carrying on business in partnership are so eligible, the licence shall not be granted unless that person, or each of those persons is a fit and proper person to hold the relevant licence.
(8)If a company is otherwise eligible under this section for the grant of a builder’s licence, the licence shall not be granted unless each director of the company is a fit and proper person to hold the relevant licence.
(9)The building controller may require a person who is an applicant for the grant of a builder’s licence to give him or her—
(a)information in writing; and
(b)documents;
relating to the eligibility of that person for the grant of a licence.
(10) If a person who is an applicant for a builder’s licence is not otherwise eligible for the grant of the relevant licence under this section, the building controller may require the applicant to undertake an examination for the purpose of determining his or her ability to perform building work of the kind specified in his or her application.
(11) An applicant who satisfies the building controller at an examination under subsection (10) shall be taken to be eligible for the grant of a builder’s licence in relation to building work of the kind specified in his or her application.
Grant of licence
(1)The building controller shall consider each application for a builder’s licence and—
(a)shall approve of the grant to the applicant of the builder’s licence of the kind applied for; or
(b)subject to this section—
(i)may refuse to grant a builder’s licence to the applicant; or
(ii)may refuse to grant to the applicant a builder’s licence of the kind applied for and may approve of the grant to the applicant of a builder’s licence for the grant of which the applicant is eligible.
(2)The building controller shall only exercise the powers referred to in subsection (1) (b) if—
(a)he or she has reason to believe that the applicant is not eligible for the grant of a builder’s licence of any kind or of the kind applied for, as the case may be; and
(b)he or she has, within 30 days after the receipt of the application, given to the applicant written notice specifying the grounds on which he or she bases his or her belief that the applicant is not eligible for the grant of the builder’s licence for which he or she has applied; and
(c)the applicant fails, within the period specified in that notice, to establish that he or she or it is eligible for the grant of the builder’s licence for which he or she has applied.
(3) The building controller may in writing request an applicant for a builder’s licence to supply further particulars in relation to his or her application.
(4) If the building controller requests further particulars, the period referred to in subsection (2) (b) ceases to run on the day the notice is—
(a)delivered to the applicant personally; or
(b)posted (under prepaid postage) as a letter addressed to the applicant at his or her last-known place of residence or business;
and resumes on the day those particulars are received by the building controller.
(5)If the building controller grants a builder’s licence to an applicant referred to in section 16 (11), the licence may be granted subject to the conditions or restrictions that, having regard to the results of the examination undertaken under section 16 (10), the building controller considers appropriate.
(6)If the building controller has approved the grant of a licence, the building controller must issue the licence to the person to whom it is to be granted.
NoteA fee may be determined under s 108 (Determination of fees) for this section.
(7)A builder’s licence is, unless sooner cancelled, in force for a period not exceeding 3 years specified in the licence and beginning on the day the licence is granted.
Variation, suspension or cancellation of licences
(1)The building controller may serve a written notice on the holder of a licence requiring the holder to show cause why a licence should not be varied, suspended or cancelled on any of the following grounds:
(a)that the licence has been granted in error or in consequence of a false statement or misleading information given by the holder of the licence;
(b)that the holder carried out building work that did not comply with the standards or methods set out in the building code or as approved, or approved and specified, by the building controller and that further building work has not been carried out in accordance with directions given under this Act;
(c)that—
(i)the holder has; or
(ii)a person working under the direction and supervision of the holder has, to the knowledge of the holder;
attempted to deceive the building controller or a building inspector in relation to building work that has been or is being carried out;
(d)that—
(i)the holder has; or
(ii)a person working under the direction and supervision of the holder has, to the knowledge of the holder;
contravened a provision of, or requirement made under, this Act;
(e)that the holder or, for a licence issued to a company, a director of the company is no longer a fit and proper person to hold the relevant licence;
(f)that, for a licence granted to a company or partnership, the company or partnership has not had, for a period exceeding 21 days, a director or employee, or a partner who holds a builder’s licence included in the same class as that held by the company or partnership;
(g)that, for a licence granted to a company or partnership, the company or partnership has not, within 7 days after a person nominated by it has ceased to be responsible for the adequate direction and supervision of building work undertaken by it, notified the building controller of that fact;
(h)that the holder or, for a licence granted to a company or partnership, the person nominated as responsible for the adequate direction and supervision of building work undertaken by the company or partnership—
(i)has failed to exercise due skill, care and diligence in the carrying out of building work undertaken by the holder; or
(ii)has failed to exercise adequate direction and supervision of that work.
(2)A notice under subsection (1) shall—
(a)contain full particulars of the facts or circumstances on which the building controller has formed his or her opinion that the ground or grounds specified in the notice exists or exist; and
(b)specify a time not less than 14 days or more than 28 days after the date of the service of the notice within which the holder may show cause to the building controller why his or her licence should not be varied, suspended or cancelled.
(3)The holder of a licence may apply, by giving notice of an intention to show cause or otherwise, for an extension of the period within which he or she is required to show cause.
(4)An application may be made under subsection (3) notwithstanding that the period the extension of which is sought has ended.
(5)On receiving an application under subsection (3), the building controller may extend the period of time by not more than 28 days.
(6)The building controller may serve a copy of a notice under subsection (1) on the owner of any land where building work is being carried out by the licensee on whom the notice has been served.
(7)The owner of land where building work is being carried out by a licensee on whom a notice under subsection (1) has been served may make representations to the building controller about the proposed variation, suspension or cancellation—
(a)if a copy of a notice under subsection (1) has been served on that owner—within the period of time specified in that notice or any extension of that period granted by the building controller; or
(b)in any other case—before the time fixed under subsection (8) (a) for an inquiry.
(8) After the end of the period of time specified in a notice under subsection (1) or any extension of that period, the building controller may—
(a)fix a time and place for an inquiry into the proposed variation, suspension or cancellation and shall give written notice of the time and place of that inquiry to the holder and any owner who has made representations in relation to that variation, suspension or cancellation; or
(b)remove any suspension imposed under section 18A and make a decision not to suspend, vary or cancel the licence; or
(c)if no cause to the contrary has been shown and no representations have been made—vary, suspend or cancel the licence, as originally proposed in the notice.
(9)After holding an inquiry at the time and place fixed for that inquiry in accordance with subsection (8) (a), the building controller may vary, suspend or cancel the licence if he or she finds that a ground specified in subsection (1) exists.
(10) If the building controller varies a licence, he or she may, among other things, change the class to which the licence belongs and impose conditions or restrictions on the licence for the time and on the terms he or she considers reasonable in the circumstances.
(11) A builder’s licence shall not be in force during a period for which it is suspended under this section or section 18A.

18APreliminary suspension of builder’s licence
(1)If the building controller considers it necessary to do so, having regard to the circumstances leading to the service of a notice under section 18 (1) and the ground or grounds specified in the notice, he or she may suspend the licence in relation to which the notice has been served, before the holder shows cause to the contrary or representations are received from an owner referred to in section 18 (7).
(2)If the building controller has suspended a licence under subsection (1), he or she shall deal with the matter as soon as practicable in accordance with the provisions of section 18.
(3)For subsection (2), section 18 (2) (b) shall be read as referring to a period of not less than 7 days and not more than 14 days.

Notification of decision to suspend or cancel
(1)The building controller shall notify the prescribed particulars of a decision to vary, suspend or cancel a builder’s licence in a daily newspaper printed, published and circulated in the ACT.
(2)For subsection (1), the prescribed particulars are—
(a)the name of the holder of the licence that is varied, suspended or cancelled; and
(b)any other name under which the holder was or is carrying on business; and
(c)the address or addresses where the holder was or is carrying on business; and
(d)the nature of the decision; and
(e)the date the variation, suspension or cancellation took effect; and
(f)the ground or grounds referred to in section 18 (1) that was or were found to exist.
(3)A notice shall not be published under subsection (1) unless—
(a)the period of time or any extension of the period of time within which an application for review of the decision to vary, suspend or cancel the licence may be made has ended; or
(b)if an application for review of the decision has been made and the decision has been affirmed or varied—
(i)the period of time within which an appeal may be instituted from that decision, or from any decision following such an appeal, has ended; or
(ii)an appeal from such a decision has been instituted but has been withdrawn or dismissed.
Register of builder’s licences
(1)There shall be kept in the office of the building controller a register to be called the register of builder’s licences in which the building controller shall enter the names and addresses of persons holding builder’s licences granted under this Act, in appropriate cases, the nominees of those persons and the class of licences in which the licence issued to each of those persons is included.
(2)The building controller shall record in the register of builder’s licences—
(a)any decision to vary, suspend or cancel a licence when that decision becomes final; and
(b)any failure on the part of a holder to show cause within the time specified by the building controller under section 18 (1) or any extension of that time granted under section 18 (5), as to why his or her licence should not be varied, suspended or cancelled.
(3) A decision becomes final for subsection (2) if the requirements of section 19 (3) (a) or (b) have been satisfied in relation to that decision.
(4)A person may inspect the register of builder’s licences at the office of the building controller during the hours when that office is open for business.
NoteA fee may be determined under s 108 (Determination of fees) for this section.
Loss etc of licence
If the building controller is satisfied that a builder’s licence granted to a person under this Act has been lost, defaced or destroyed, he or she may issue to that person a certified copy of the builder’s licence and that copy shall be deemed to have, for this Act, the same effect as the builder’s licence.

Change of nominee
(1)A company that is the holder of a builder’s licence may, by written notice lodged with the building controller, nominate a director or an employee of the company who is the holder of a builder’s licence included in the class of builder’s licences in which the company’s licence is included as the person responsible, in the place of a person previously nominated, for the adequate direction and supervision of building work undertaken by the company.
(2)Two or more persons who carry on business in partnership and are the holders of a builder’s licence may, by written notice lodged with the building controller, nominate a partner who is the holder of a builder’s licence included in the class of builder’s licences in which the licence held by those persons is included as the person responsible, in the place of a person previously nominated, for the adequate direction and supervision of building work undertaken by those persons in partnership.
(3)The building controller shall, as soon as practicable after receipt of the notice, enter particulars of the change in the register of builder’s licences.
Notice of change of address
(1)If the address of the holder of a builder’s licence is changed, the holder shall, within 7 days after the change, give to the building controller written notice of the change.
(2)The building controller shall, as soon as practicable after the receipt of the notice, enter the particulars of the change of address in the register of builder’s licences.

Division 2.3A Owner-builders’ licences
23AGrants of licences
(1)An individual who—
(a)is the owner of a parcel of land; and
(b)personally or under his or her own supervision, intends to carry out building work on the land;
may apply to the building controller, in accordance with this section, for the grant of an owner-builder’s licence.
(2)An application for an owner-builder’s licence shall be in writing, signed by the applicant and accompanied by—
(a)a copy of the building approval and approved plans in relation to the proposed work; and
(b)particulars of the applicant’s skills and experience in relation to the proposed building work; and
(c)any other information and documents prescribed under the regulations.
NoteA fee may be determined under s 108 (Determination of fees) for this section.

(3)Subject to this section, the building controller may grant an owner-builder’s licence if satisfied that the application complies with subsection (2) and the proposed building work—
(a)involves the erection or alteration of the principal place of residence of the applicant; or
(b)is of such a nature that it can be carried out in accordance with this Act by a person who is not the holder of a builder’s licence.
(4)The building controller shall not grant an owner-builder’s licence unless he or she is satisfied that the applicant possesses the skills and experience required to carry out the work in relation to which the application has been made.
(5)The building controller may, by written notice, request an applicant for an owner-builder’s licence to provide the further information or documents the building controller may reasonably require to make a decision under subsection (3).
(6)If a request under subsection (5) is not complied with within 14 days of the date of the notice or any longer period stated in the notice or the building controller allows, the building controller may refuse the application.
(7)An application for an owner-builder’s licence shall not be granted in relation to proposed building work that involves the erection or alteration of the principal place of residence of the applicant if, during the period of 5 years immediately before the lodgment of the application, the building controller has granted to the applicant a specified permission.
(8)In subsection (7):
specified permission means—
(a)an owner-builder’s licence; or
(b)a building permit under section 39 as in force immediately before the commencement of this section;
in relation to building work for the erection or alteration of the applicant’s principal place of residence on land other than the land in relation to which the application under subsection (1) has been made.
(9)An owner-builder’s licence does not entitle the licensee to carry out any building work other than the work in relation to which it has been granted.

23BPeriod for which owner-builder’s licence is in effect
An owner-builder’s licence lapses when—
(a)the certifier in relation to the building work gives to the building controller a certificate under section 40 (1) (g) in relation to the work; or
(b)the relevant building approval lapses otherwise than under section 35A;
whichever sooner happens.

Division 2.4The building code

Building code
(1)For this Act, the building code is the Building Code of Australia prepared and published by the Australian Building Codes Board, as amended from time to time by—
(a)the Australian Building Codes Board; and
(b)the Australian Capital Territory Appendix to the Building Code of Australia.
(2)The Minister may, in writing, make an Australian Capital Territory Appendix to the Building Code of Australia.
NotePower given under an Act to make a statutory instrument (including the Australian Capital Territory Appendix to the Building Code of Australia) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).
(3)The Australian Capital Territory Appendix to the Building Code of Australia is a disallowable instrument.
Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Note 2 An amendment or repeal of the Australian Capital Territory Appendix to the Building Code of Australia is also a disallowable instrument (see Legislation Act 2001, s 46 (2)).
Publication of building code etc in newspaper
(1)The planning and land authority must publish, in a daily newspaper published and circulating in the ACT, notice of the publication of each edition of the Building Code of Australia and each amendment of it by the Australian Building Codes Board.
(2)A notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Inspection
(1)The building controller shall keep a copy of the building code at his or her office at all times.
(2)A person may, on request, at any time the building controller’s office is open for business, inspect the building code kept by the building controller.
Exemptions
(1)The Minister may, in writing, exempt, either generally or in a particular case, a person, from the application of all or any of the provisions of the building code.
(2)An exemption is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Certified copies
In any proceedings before a court or the administrative appeals tribunal, evidence of the building code as in force on a specified date or during a specified period may be given by the production of an office copy of the building code certified by the building controller as a true copy as at that date or during that period.

Part 3Building work
Division 3.1Preliminary

Meaning of stage in pt 3
In this part:
stage, in relation to building work, means a stage prescribed under section 38A (1).

Division 3.2Certifiers and government certifiers
29AMeaning of certifier, eligible person and government certifier for div 3.2
In this division:
certifier does not include government certifier.
eligible person, for building work—see section 30 (1).
government certifier, for building work, means a person who is appointed under section 31A (4) for the work.

Eligibility for appointment—certifiers and government certifiers
(1)A registered construction practitioner (an eligible person) is eligible to be appointed certifier or government certifier for building work if the construction practitioner—
(a)is entitled under the Construction Practitioners Registration Act 1998 to perform services as certifier for the work; and
(b)is qualified under the regulations to be appointed for the work.
(2)In this section:
registered construction practitioner means a person registered under the Construction Practitioners Registration Act 1998.
Appointment of certifiers
(1)The owner of land where it is proposed to carry out building work may, in writing, appoint an eligible person (the certifier) as certifier for the work.
(2)The appointment ends if—
(a)the certifier stops being an eligible person; or
(b)the owner of the land revokes the appointment by written notice given to the certifier; or
(c)the certifier resigns the appointment.
(3)The certifier may resign the appointment only—
(a)with the written approval of the building controller; and
(b)by written notice given to the owner of the land.
(4)The building controller may approve the resignation of the certifier only if satisfied that—
(a)the certifier cannot exercise his or her functions in relation to the building work because of mental or physical incapacity; or
(b)the certifier has arranged for another certifier to take over the certifier’s functions in relation to the building work; or
(c)it is otherwise appropriate to approve the resignation.

31AAppointment of government certifiers
(1)This section applies to building work if the last certifier appointed for the work is no longer the certifier for the work.
(2)A certifier is no longer the certifier for building work if—
(a)the certifier’s registration is suspended for longer than 3 months; or
(b)the certifier’s registration has been cancelled; or
(c)the certifier has resigned the appointment under section 31; or
(d)the certifier is dead; or
(e)the certifier is not covered by insurance for the Construction Practitioners Registration Act 1998.
(3)The owner of the land where the building work is being carried out (or proposed to be carried out) may apply to the building controller for the appointment of a government certifier for the work.
NoteIf a form is approved under s 109 (Approved forms) for an application, the form must be used.

(4)The building controller may appoint a government certifier for the building work if satisfied that the criteria prescribed under the regulations are satisfied.
(5)The regulations may prescribe what must accompany the application.

31BPower to require building documents
(1)A government certifier appointed for building work may, by written notice, require the person who was the certifier (or last certifier) for the building work to give the government certifier any building document the person has in relation to the work within the period (of not less than 2 weeks after the day the notice is given) stated in the notice.
(2)A person commits an offence if the person fails to comply with a notice given to the person under section (1).
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
(4)In this section:
building document means a document mentioned in section 40 (1) (c) to (j).

31CProtection of government certifiers from liability
(1)A government certifier does not incur civil or criminal liability for an act or omission done honestly as a government certifier.
(2)A civil liability that would, apart from this section, attach to the government certifier attaches instead to the Territory.

Notice of certifier’s appointment or end of appointment
(1)This section applies if—
(a)a building approval has been issued for building work; and
(b)either—
(i)a person is appointed certifier for the work; or
(ii)a person’s appointment as certifier for the work ends.
(2)The person must, within 7 days after the day the person is appointed or the appointment ends, give the building controller written notice of the appointment or end.
Maximum penalty: 1 penalty unit.
NoteIf a form is approved under s 109 (Approved forms) for a notification, the form must be used.
(3)An offence against subsection (2) is a strict liability offence.
Prohibition against contracting out
A provision in a contract or agreement that limits or modifies, or purports to limit or modify, the operation of this part, including this section, in relation to a certifier or building work, is void.

Division 3.3Grant of building approvals
33AApplication for building approval
(1)The owner of a parcel of land may apply, in accordance with this section, to the certifier for a building approval in relation to building work to be carried out on the land.
(2)An application under subsection (1) may be made by an agent of the owner of the parcel of land on the owner’s behalf.
(3)An application under subsection (1)—
(a)shall be in writing; and
(b)shall specify—
(i)the name of the owner of the parcel of land; and
(ii)the block, section, division and district (within the meaning of the Districts Act 2002) of the parcel of land; and

(c)shall be accompanied by the prescribed number of copies of the plans relating to the proposed work; and
(d)if the building work involves the demolition of any building, or the alteration of a building other than a class 1, class 2 or class 10a building—shall be accompanied by a waste management plan; and
(e)shall comply with the prescribed requirements.

Issue of building approvals
(1)Subject to section 34A, the certifier to whom application for a building approval is made shall issue the approval if he or she is satisfied that—
(a)the application complies with section 33A (3); and
(b)if the application is made on behalf of the owner of the parcel of land—it is made by an agent authorised in writing by the owner; and
(c)the plans that accompany the application comply with the prescribed requirements; and
(d)the prescribed requirements relating to consultation with, or obtaining the consent or approval of, any person, body or authority, have been satisfied; and
(e)subject to subsection (2), if the plans are for the erection of a building—the building as erected will comply with this Act; and
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001, s 104).
(f)subject to subsection (2), if the plans are for the substantial alteration of a building—the building as altered will comply with the building code; and
(g)if the application relates to residential building work—
(i)a residential building insurance policy has been issued in relation to the work; or
(ii)an approved insurer has issued a certificate that the insurer has insured the work under a residential building insurance policy; or
(iii)the trustees of a scheme approved under division 6.4 (Approved fidelity fund schemes) have issued a fidelity certificate for the work; and
(h)if a waste management plan is required to accompany the application—the plan is adequate; and
(i)the building as proposed to be erected or altered will be structurally sufficient, safe and stable; and
(j)the training levy has been paid.
(2)Subsection (1) (e) does not require compliance with the building code and subsection (1) (f) does not apply so far as the plans contain matter the acceptable requirements for which are not dealt with in the building code.
(3)For subsection (1) (f), plans are for the substantial alteration of a building if the aggregate volume (measured in accordance with subsection (5)) of the proposed alteration and any other alteration made to the building during the period of 3 years immediately before the making of the application for the building approval is more than 50% of the volume of the original building.
(4)For subsection (1) (h), a waste management plan is adequate if—
(a)if—
(i)a facility exists in the ACT; or
(ii)the Minister has, in writing, specified a facility outside the ACT as being suitable;
for the reuse or recycling of materials of the kind described in the plan—the plan stipulates that the materials will be disposed of, if practicable, at such a facility; and
(b)the plan satisfies any other prescribed requirements.
(5)For subsection (3), the volume of a building shall be measured by reference to roof and outer walls.
(6)A building approval must be—
(a)marked on; or
(b)attached to; or
(c)partly marked on and partly attached to;
the plans in relation to which it has been issued.
NoteIf a form is approved under s 109 (Approved forms) for a building approval, the form must be used.
(7)If a building approval is not, or not entirely, marked on the plans, the certifier shall annotate the plans with an indication that the approval, or part of the approval, is in a separate document.
(8)A certifier who issues a building approval shall—
(a)give a copy of the approval and the relevant plans as soon as practicable to the person who has applied for the approval; and
(b)within 7 days after the issue give to the building controller—
(i)a copy of the approval; and
(ii)a copy of the relevant plans; and
(iii)if notification of his or her appointment as certifier has not previously been given to the building controller—notification of the appointment; and
(iv)the fee determined under section 108 (Determination of fees) in relation to the issue of the building approval.
NoteIf a form is approved under s 109 (Approved forms) for a notification of appointment, the form must be used.
(9)In this section:
approved insurer means an authorised insurer who—
(a)has had a form of residential building insurance policy approved by the building controller; and
(b)has not given to the building controller a notice under section 66.
residential building work—see section 59.

34AExternal design and siting considerations
(1)An application for a building approval shall not be granted if the certifier is satisfied that, because of the external design or siting of a proposed building, or of a building as proposed to be altered, the carrying out of the building work to which the application relates would result in the contravention of this Act or any other law.
(2)Subsection (1) does not apply if the building work forms part of a development that is not required to be approved under the Land Act, division 6.2.

Amendment of approved plans
(1)This section applies if, after the issue of a building approval in relation to building work, it is desired to amend the plans that relate to that work.
(2)If this section applies, the owner of the parcel of land to which the building approval relates may apply, in accordance with this section, to the certifier for approval of the amendment to the plans.
(3)An application under subsection (1) shall comply with the prescribed requirements.
(4)A certifier to whom an application under subsection (2) has been made—
(a)shall, if satisfied that the nature or extensiveness of the proposed amendments requires reconsideration of the building approval, refuse the application; or
(b)may, if—
(i)the requirements of section 34 (1) and the regulations, so far as they apply to plans, are satisfied in relation to the plans as amended; and
(ii)if the application were an application for a building approval—it would not be refused because of section 34A; and
(iii)in his or her view, reconsideration of the building approval is not required;
approve the amendment to the approved plan and amend the building approval accordingly.
(5)A certifier who amends a building approval shall comply with section 34 (6), (7) and (8) (other than subsection (8) (b) (iv)) in relation to the amended plans as if a reference in those subsections to plans were a reference to the plans as amended.

Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A fee for section 34 (8) (b) (iv) may only be determined by reference to the value of building work for which a building approval has been issued.
(3)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Approved forms
(1)The building controller may, in writing, approve forms for this Act.
(2)If the building controller approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see Legislation Act 2001, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(2)The regulations may make provision in relation to—
(a)the exemption of prescribed buildings from the operation of provisions of this Act; and
(b)the approval of building work on prescribed buildings in accordance with prescribed requirements; and
(c)any other matters in relation to the approval of building work on prescribed buildings.
(3)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key

am = amended ord = ordinance

amdt = amendment orig = original

ch = chapter par = paragraph/subparagraph

cl = clause pres = present

def = definition prev = previous

dict = dictionary (prev...) = previously

disallowed = disallowed by the Legislative pt = part

Assembly r = rule/subrule

div = division reg = regulation/subregulation

exp = expires/expired renum = renumbered

Gaz = Gazette reloc = relocated

hdg = heading R[X] = Republication No

IA = Interpretation Act 1967 RI = reissue

ins = inserted/added s = section/subsection

LA = Legislation Act 2001 sch = schedule

LR = legislation register sdiv = subdivision

LRA = Legislation (Republication) Act 1996 sub = substituted

mod = modified/modification SL = Subordinate Law

o = order underlining = whole or part not commenced

om = omitted/repealed or to be expired

Legislation history
This Act was originally a Commonwealth ordinance—the Building Ordinance 1972 No 26 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Building Act 1972 No 26
notified 4 August 1972
commenced 1 September 1972 (s 2 and Cwlth Gaz 1972 No 79)
as amended by
Building Ordinance 1974 No 7
notified 28 March 1974
commenced 28 March 1974
Building Ordinance (No 2) 1974 No 38
notified 3 October 1974
commenced 3 October 1974
Building (Amendment) Ordinance 1976 No 45
notified 13 September 1976
commenced 13 September 1976
Ordinances Revision (Remuneration) Ordinance 1976 No 61 s 4
notified 16 November 1976
commenced 16 November 1976
Ordinances Revision Ordinance 1978 No 46 sch 2
notified 28 December 1978
commenced 28 December 1978
Building (Amendment) Ordinance 1979 No 30
notified 18 September 1979
commenced 26 September 1979 (s 3 and Cwlth Gaz 1979 No S188)
Building (Amendment) Ordinance 1982 No 69
notified 27 August 1982
commenced 27 August 1982
Building (Amendment) Ordinance (No 2) 1982 No 70
notified 27 August 1982
commenced 27 August 1982
Building (Amendment) Ordinance (No 3) 1982 No 71
notified 27 August 1982
commenced 27 August 1982
Building (Amendment) Ordinance 1983 No 20
notified 24 August 1983
commenced 24 August 1983
Building (Amendment) Ordinance (No 2) 1983 No 66
notified 30 December 1983
taken to have commenced 27 August 1982 (s 2)
Building (Amendment) Ordinance 1984 No 68
notified 5 December 1984
commenced 5 December 1984
Building (Amendment) Ordinance 1987 No 20
notified 3 June 1987
commenced 3 June 1987
Building (Amendment) Ordinance (No 2) 1987 No 47
notified 16 September 1987
commenced 16 September 1987
Electricity and Water (Consequential Amendments) Ordinance 1988 No 31 sch
notified 30 June 1988
commenced 1 July 1988 (s 2)
Building (Amendment) Ordinance 1988 No 73
notified 30 September 1988
commenced 1 October 1988 (s 2 and Cwlth Gaz 1988 No S300)
Building (Amendment) Ordinance (No 2) 1988 No 80
notified 9 December 1988
commenced 9 December 1988
Building (Amendment) Ordinance (No 3) 1988 No 86 (as am by 1989 No 38 pt 2 div 4)
notified 21 December 1988
commenced 11 May 1989 (s 2 and Cwlth Gaz 1989 No S161)
Building (Amendment) Ordinance (No 4) 1988 No 87
notified 21 December 1988
commenced 21 December 1988
Interim Territory Planning Ordinance 1988 No 88 sch
notified 21 December 1988
s 1, s 2 commenced 21 December 1988 (s 2 (1))
sch commenced 31 January 1989 (s 2 (2) and Cwlth Gaz 1989 No S38)
Self-Government (Consequential Amendments) Ordinance 1989 No 38 pt 2 div 3, sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
pt 2 div 3, sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Remuneration (Miscellaneous Amendments) Ordinance 1989 No 50 sch
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
commenced 10 May 1989
Legislation after becoming Territory enactment
Interim Planning (Consequential Amendments) Act 1990 No 60 sch
notified 24 December 1990 (Gaz 1990 No S98)
s 1, s 2 commenced 24 December 1990 (s 2 (1))
sch commenced 12 March 1991 (s 2 (2) and see Cwlth Gaz 1991 No S62)
Building (Amendment) Act 1991 No 23
notified 17 May 1991 (Gaz 1990 No S37)
commenced 17 May 1991
Building (Amendment) Act (No 2) 1991 No 43
notified 20 September 1991 (Gaz 1991 No S95)
s 1, s 2 commenced 20 September 1991 (s 2 (1))
remainder commenced 1 October 1991 (s 2 (2) and Gaz 1991 No S105)
Self-Government (Consequential Amendments) Act 1991 No 53 pt 2 div 2
notified 2 October 1991 (Gaz 1991 No S98)
commenced 2 October 1991
Land (Planning and Environment) (Consequential Provisions) Act 1991 No 118 pt 2 div 2
notified 15 January 1992 (Gaz 1992 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
pt 2 div 2 commenced 15 July 1992 (s 2 (3))
Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
commenced 4 June 1992
Building (Amendment) Act 1992 No 48
notified 1 September 1992 (Gaz 1992 No S148)
s 1, s 2 commenced 1 September 1992 (s 2 (1))
remainder commenced 9 December 1992 (s 2 (2) and Gaz 1992 No S230)
Statute Law Revision (Miscellaneous Provisions) Act 1993 No 1 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993
Acts Revision (Position of Crown) Act 1993 No 44 sch 1
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 9
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 9 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Building (Amendment) Act 1995 No 28
notified 5 September 1995 (Gaz 1995 No S212)
ss 14-16 commenced 1 January 1996 (s 2 (2) and Gaz 1995 No S319)
remainder commenced 5 September 1995 (s 2 (1))
Land (Planning and Environment) (Amendment) Act (No 3) 1996 No 85 pt 3 div 3
notified 24 December 1996 (Gaz 1996 No S345)
s 1, s 2 commenced 24 December 1996 (s 2 (1))
pt 3 div 3 commenced 24 June 1997 (s 2 (3))
Building (Amendment) Act 1997 No 62
notified 9 October 1997 (Gaz 1997 No S300)
commenced 9 October 1997 (s 2)
Public Health (Miscellaneous Provisions) Act 1997 No 70 pt 2 and sch 1 (as am by 2000 No 36 pt 3)
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
pt 2 (ss 4-16) commenced 10 August 2000 (s 2 (2), Gaz 2000 No 32 and IA s 10C)
pt 2 (remainder) repealed before commencement (see A2000-36 s 13)
sch 1 commenced 13 August 1998 (s 2 (2) and Gaz 1998 No S185)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Building (Amendment) Act 1998 No 48
notified 16 November 1998 (Gaz 1998 No S205)
commenced 16 November 1998 (s 2)
Building (Amendment) Act (No 2) 1998 No 52
notified 16 November 1998 (Gaz 1998 No S205)
ss 1-3 commenced 16 November 1998 (s 2 (1))
remainder commenced 4 January 1999 (s 2 (2) and Gaz 1999 No S1)
Building (Amendment) Act 1999 No 48
notified 17 September 1999 (Gaz 1999 No S54)
commenced 17 September 1999 (s 2)
Building (Amendment) Act (No 2) 1999 No 69
notified 3 December 1999 (Gaz 1999 No S62)
ss 1-3 commenced 3 December 1999 (s 2 (1))
remainder commenced 21 November 1999 (s 2 (2))
Public Health Amendment Act 2000 No 36 pt 3
notified 20 July 2000 (Gaz 2000 No 29)
commenced 20 July 2000 (s 2)
NoteThis Act only amends the Public Health (Miscellaneous Provisions) Act 1997 No 70.
Utilities (Consequential Provisions) Act 2000 No 66 sch 1 pt 1
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)
sch 1 pt 1 commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69)
Electricity Amendment Act 2000 No 69 s 31
notified 20 December 2000 (Gaz 2000 No S68)
commenced 20 December 2000 (s 2)
Surveyors (Consequential Amendments) Act 2001 No 3 sch 1
notified 8 March 2001 (Gaz 2001 No 10)
s 1, s 2 commenced 8 March 2001 (IA s 10B)
sch 1 commenced 26 July 2001 (s 2 and see Gaz 2001 No 30)
Statute Law Amendment Act 2001 No 11 sch 3
notified 29 March 2001 (Gaz 2001 No 13)
commenced 29 March 2001 (s 2)
Unit Titles Consequential Amendments Act 2001 No 17 sch 2
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
sch 2 commenced 5 October 2001 (s 2)
Building Amendment Act 2001 No 30
notified 24 May 2001 (Gaz 2001 No 21)
s 1, s 2 commenced 24 May 2001 (IA s 10B)
remainder commenced 1 July 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 43
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 43 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation Amendment Act 2002 No 11 pt 2.4
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.4 commenced 28 May 2002 (s 2 (1))
Building Amendment Act 2002 No 15
notified LR 17 May 2002
s 1, s 2 commenced 17 May 2002 (LA s 75)
remainder commenced 18 May 2002 (s 2)
Districts Act 2002 No 39 pt 1.1
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))
pt 1.1 commenced 11 October 2002 (s 2)
Civil Law (Wrongs) Act 2002 No 40 sch 3 div 3.2.2
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))
sch 3 div 3.2.2 commenced 1 November 2002 (s 2 (2) and CN2002-13)
Criminal Code 2002 No 51 pt 1.2
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.2 commenced 1 January 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002 No 56 sch 1 pt 3.1
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 1 pt 3.1 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55 s 2)
Construction Practitioners Legislation Amendment Act 2003

A2003-19 pt 2
notified LR 19 May 2003
s 1, s 2 commenced 19 May 2003 (LA s 75 (1))
pt 2 commenced 9 June 2003 (s 2 and CN2003-5)
Building (Residential Building Warranty) Amendment Act 2003 A2003-38 pt 2
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))
pt 2 commenced 9 September 2003 (s 2)
as repealed by
Building Act 2004 A2004-11 s 181
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
s 181 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Amendment history
Commencement
s 2om R4 LRA
Parts
s 3om 1976 No 45 s 3
Repeal and saving
s 4am 1974 No 38 s 2; 1988 No 86 sch; 1993 No 1 sch 1
om 1999 No 48 s 4
Interpretation
s 5am 1983 No 20 s 3; 1987 No 47 s 3; 1988 No 80 s 3; 1991 No 23 s 3; 1997 No 70 s 5, sch 1; 1998 No 52 s 4; ss renum R7 LA
def applicable standard ins 1991 No 23 s 3
sub 1997 No 70 s 5
def approved plans ins 1998 No 52 s 4
def asbestos ins 1988 No 80 s 3
def authorised insurer ins 1988 No 73 s 4
def building approval ins 1998 No 52 s 4
def building code ins 1991 No 43 s 4
sub 2001 No 44 amdt 1.432
def building inspector am 1993 No 1 sch 1
def building permit om 1998 No 52 s 4
def building work am 1979 No 30 s 4
sub 1988 No 80 s 3; 1991 No 23 s 3
am 1997 No 70 s 5; 1998 No 48 s 4
def certificate of occupancy ins 1999 No 48 s 5
def certificate of regularisation ins 1999 No 48 s 5
def certifier ins 1998 No 52 s 4
sub A2003-19 s 4
def class 1 ins 1995 No 28 s 4
def class 2 ins 1995 No 28 s 4
def class 10A ins 1995 No 28 s 4
def designated area ins 1988 No 88 sch
def determined fee ins 1987 No 47 s 3
om 2001 No 44 amdt 1.433
def dwelling ins 1998 No 48 s 4
def fidelity certificate ins 2002 No 15 s 4
def government agency ins 1991 No 43 s 4
am 1994 No 38 sch 1 pt 9
def hazardous substance ins 1991 No 23 s 3
om 1997 No 70 s 5
def House of Assembly ins 1979 No 30 s 4
om 1988 No 73 s 4
def initial standard ins 1991 No 23 s 3
om 1997 No 70 s 5
def interim authority ins 1988 No 88 sch
om 1990 No 60 sch
def Land Act ins 1996 No 85 s 90
def lease ins 2002 No 56 amdt 3.1
def loose asbestos ins 1988 No 80 s 3
def mechanical ventilation system ins 1991 No 23 s 3
sub 1997 No 70 s 5
def national land ins 1999 No 48 s 5
om R5 LA
def owner sub 1988 No 73 s 4
am 1989 No 38 sch 1; 2001 No 17 amdts 2.2-2.4; 2001 No 30 s 4, s 5
def owner-builder’s licence ins 1998 No 52 s 4
def plans ins 1998 No 52 s 4
sub 1999 No 48 s 5
def prescribed ins 1995 No 28 s 4
def proprietor ins 1988 No 73 s 4
am 2001 No 17 amdt 2.5
def repealed laws ins 1999 No 48 s 5
def residential building insurance policy ins 1988 No 73 s 4
def specialised system ins 1991 No 23 s 3
def specialist building work ins 1984 No 68 s 3
def statutory warranty ins 1988 No 73 s 4
def stop notice am 1993 No 1 sch 1
def storey ins 1995 No 28 s 4
am 1996 No 85 s 90
def system licence ins 1991 No 23 s 3
om 1997 No 70 s 5
def Territory land ins 1999 No 48 s 5
om R5 LA
def territory planning authority ins 1990 No 60 sch
om 2002 No 56 amdt 3.2
def The advisory council om 1979 No 30 s 4
def the building controller am 1993 No 1 sch 1
sub 1994 No 97 sch pt 1
def the building manual om 1991 No 43 s 4
def the commencing date am 1993 No 1 sch 1
def the commission om 1988 No 88 sch
def the repealed laws am 1993 No 1 sch 1
om 1999 No 48 s 5
def the review committee om 1988 No 86 sch
def the standards committee om 1991 No 43 s 4
def training fund board ins 1999 No 69 s 4
def training levy ins 1999 No 69 s 4
def tribunal ins 1989 No 38 sch 1
om 1994 No 60 sch 1
def unacceptable Legionella levels ins 1991 No 23 s 3
om 1997 No 70 s 5
def unit ins 1988 No 73 s 4
am 2001 No 17 amdt 2.6
def warm water system ins 1991 No 23 s 3
def waste management plan ins 1998 No 48 s 4
am 1999 No 48 s 5
Application of Act generally
s 6am 1974 No 7 sch; 1987 No 20 s 3; 1988 No 73 s 5; 1988 No 88 sch; 1989 No 38 sch 1; 1991 No 43 s 5; 1992 No 48 s 4; 1993 No 1 sch 1; 1996 No 85 s 91; 1998 No 52 s 5; 2001 No 11 amdt 3.1; ss renum R7 LA
Application—prescribed buildings
s 6AAins 1992 No 48 s 5
Application of Act to Territory
s 6A hdgsub 1997 No 70 s 6 (as am 2000 No 36 s 12)
s 6Ains 1991 No 23 s 4
am 1991 No 43 s 6
sub 1993 No 44 sch 1
am 1997 No 70 s 6 (as am 2000 No 36 s 12); 1998 No 52 s 6
sub 2001 No 30 s 6
am 2002 No 11 amdt 2.7
exp 1 July 2004 (s 6A (2))
Applicable standard—amendment
s 6Bins 1997 No 70 s 7
sub 2001 No 44 amdt 1.434
Building controller and inspectors
div 2.1 hdg(prev pt 2 div 1 hdg) renum R5 LA
Building controller
s 7am 1979 No 30 s 5; 1982 No 70 s 3; 1983 No 66 s 4; 1988 No 86 sch; 1991 No 43 sch; 1992 No 48 sch
sub 1994 No 97 sch pt 1
am 1999 No 69 s 5; 2001 No 44 amdt 1.435, amdt 1.436; ss renum R7 LA
Deputy building controllers
s 7Ains 1994 No 97 sch pt 1
Building controller and deputy building controllers—identity cards
s 7Bins 1994 No 97 sch pt 1
am 1995 No 28 s 5
Appointment of building inspectors
s 8am 1988 No 80 s 4; 1992 No 48 sch; 1994 No 81 sch
Inspection
s 9am 1974 No 38 s 3; 1979 No 30 s 6, sch; 1984 No 68 s 4; 1988 No 80 s 5; 1988 No 86 sch; 1991 No 23 s 5; 1991 No 53 pt 2 div 2; 1992 No 23 sch 1; 1992 No 48 sch; 1993 No 1 sch 1; 1994 No 81 sch; 1998 No 52 s 7; 2001 No 44 amdt 1.437, amdt 1.438; 2002 No 56 amdt 3.3
Inspection of premises for hazardous substances
s 9Ains 1988 No 80 s 6
am 1991 No 23 s 6; 1994 No 81 sch; 1997 No 70 s 8; ss renum R7 LA
Inspection for Legionella bacteria with consent of occupier
s 9Bins 1991 No 23 s 7
om 1997 No 70 s 9
Inspection during outbreak of Legionnaires’ disease
s 9Cins 1991 No 23 s 7
am 1994 No 81 sch; 1997 No 70 sch 1
om 1997 No 70 s 9
Conduct of inquiries
div 2.2 hdg(prev pt 2 div 2 hdg) sub 1988 No 86 s 4
renum R5 LA
Procedure
s 10am 1978 No 46 sch 2; 1979 No 30 s 7, sch; 1988 No 73 s 6
sub 1988 No 86 s 4
Evidence
s 11am 1978 No 46 sch 2; 1979 No 30 s 8; 1988 No 73 s 7
sub 1988 No 86 s 4
Legal representation
s 12sub 1988 No 86 s 4
am 1997 No 96 sch 1
Fees and allowances to members of review committee
s 13sub 1976 No 61 s 4
om 1988 No 86 s 4; 1989 No 50 sch
Annual report of review committee
s 13Ains 1976 No 45 s 4
om 1988 No 86 s 4
Builder’s licences
div 2.3 hdg(prev pt 2 div 3 hdg) renum R5 LA
Classes of builder’s licences
s 14am 1974 No 7 sch; 1984 No 68 s 5; 1988 No 80 s 7; 1988 No 86 sch; 1988 No 87 s 3; 1992 No 48 sch; 1993 No 1 sch 1; 1994 No 81 sch; 1995 No 28 s 6; 1998 No 52 s 8; ss renum R7 LA
Applications for builder’s licence
s 15am 1979 No 30 s 9; 1984 No 68 s 6; 1987 No 47 s 4; 1991 No 43 sch; 1992 No 48 sch; 1993 No 1 sch 1; 2001 No 44 amdt 1.439, amdt 1.440; ss renum R7 LA
Eligibility for builder’s licences
s 16am 1979 No 30 s 10; 1984 No 68 s 7; 1992 No 23 sch 1; 1992 No 48 sch; 1993 No 1 sch 1; 1995 No 28 s 7; 2001 No 44 amdt 1.441, amdt 1.442
Grant of licence
s 17am 1983 No 20 s 4; 1984 No 68 s 8; 1988 No 86 s 5, sch; 1992 No 48 sch; 1993 No 1 sch 1; 2001 No 44 amdt 1.443; ss renum R7 LA
Notice of decision and of right of appeal
s 17Ains 1984 No 68 s 9
om 1988 No 86 sch
Review Committee
s 17Bins 1984 No 68 s 9
om 1988 No 86 sch
Variation, suspension or cancellation of licences
s 18am 1984 No 68 s10
sub 1988 No 86 s 6
am 1991 No 43 sch; 1998 No 52 s 9
Preliminary suspension of builder’s licence
s 18Ains 1982 No 70 s 4
sub 1988 No 86 s 6
Notification of decision to suspend or cancel
s 19am 1984 No 68 s 11
sub 1988 No 86 s 6
Register of builder’s licences
s 20am 1987 No 47 s 5; 1988 No 86 s 7; 2001 No 44 amdt 1.444, amdt 1.445; ss renum R7 LA
Loss etc of licence
s 21am 1992 No 48 sch
Change of nominee
s 22am 1979 No 30 s 11; 1991 No 43 sch; ss renum R7 LA
Notice of change of address
s 23am 1993 No 1 sch 1
Owner-builders’ licences
div 2.3A hdg(prev pt 2 div 3A hdg) ins 1998 No 52 s 10
renum R5 LA
Grants of licences
s 23Ains 1998 No 52 s 10
am 2001 No 44 amdt 1.446
Period for which owner-builder’s licence is in effect
s 23Bins 1998 No 52 s 10
The building code
div 2.4 hdg(prev pt 2 div 4 hdg) sub 1991 No 43 s 7
renum R5 LA
Building code
s 24am 1976 No 61 s 4; 1988 No 73 s 8; 1989 No 38 sch 1; 1989 No 50 sch; 1991 No 23 s 8
sub 1991 No 43 s 7
am 1992 No 48 s 6; 1995 No 28 s 8
sub 2001 No 44 amdt 1.447
Remuneration and allowances
s 24Ains 1989 No 50 sch
om 1991 No 43 s 7
Publication of building code etc in newspaper
s 25am 1974 No 38 s 4; 1979 No 30 sch; 1991 No 23 s 9
sub 1991 No 43 s 7; 2001 No 44 amdt 1.447
am 2002 No 56 amdt 3.15
Inspection
s 26am 1979 No 30 sch
sub 1991 No 43 s 7
Annual report of standards committee
s 26Ains 1976 No 45 s 5
om 1991 No 43 s 7
Exemptions
s 27am 1988 No 86 sch
sub 1991 No 43 s 7
am 2001 No 30 s 7; 2001 No 44 amdt 1.448, amdt 1.449
Certified copies
s 28sub 1991 No 43 s 7
am 1994 No 60 sch 1
Building work
pt 3 hdgam 1979 No 30 s 12
sub 1998 No 52 s 11
Preliminary
div 3.1 hdg(prev pt 3 div 1 hdg) renum R5 LA
Meaning of stage in pt 3
s 29sub 1991 No 43 s 8
am 1993 No 44 sch 1; 1994 No 81 sch
sub 1998 No 52 s 11
Certifiers and government certifiers
div 3.2 hdg(prev pt 3 div 2 hdg) renum R5 LA
sub A2003-19 s 5
Meaning of certifier, eligible person and government certifier for div 3.2
s 29Ains A2003-19 s 5
Eligibility for appointment—certifiers and government certifiers
s 30am 1988 No 80 s 8; 1988 No 87 s 4; 1991 No 23 s 10; 1992 No 48 sch; 1994 No 81 sch; 1997 No 70 s 10
sub 1998 No 52 s 11; A2003-19 s 5
Appointment of certifiers
s 31am 1979 No 30 sch; 1987 No 47 s 6; 1988 No 88 sch; 1990 No 60 sch; 1991 No 43 sch; 1991 No 118 s 10; 1992 No 48 sch; 1996 No 85 s 92
sub 1998 No 52 s 11; A2003-19 s 5
Appointment of government certifiers
s 31A hdgsub 1990 No 60 notes
s31A                   ins 1988 No 88 sch
am 1989 No 38 sch 1; 1990 No 60 sch
om 1991 No 118 s 11
ins A2003-19 s 5
Power to require building documents
s 31Bins A2003-19 s 5
Protection of government certifiers from liability
s 31Cins A2003-19 s 5
Notice of certifier’s appointment or end of appointment
s 32am 1979 No 30 sch; 1991 No 43 sch; 1992 No 23 sch 1; 1992 No 48 sch; 1993 No 1 sch 1; 1997 No 96 sch 1; 1998 No 48 s 5
sub 1998 No 52 s 11
am 2001 No 44 amdt 1.450, amdt 1.451
sub A2003-19 s 5
Prohibition against contracting out
s 33am 1979 No 30 sch; 1982 No 71 s 3; 1988 No 86 sch; 1991 No 23 s 11; 1991 No 43 sch; 1992 No 23 sch 1; 1992 No 48 sch; 1993 No 1 sch 1; 1998 No 48 s 6
sub 1998 No 52 s 11; A2003-19 s 5
Grant of building approvals
div 3.3 hdg(prev pt 3 div 3 hdg) renum R5 LA
Application for building approval
s 33Ains 1979 No 30 s 13
am 1987 No 47 s 7; 1988 No 86 s 8; 1992 No 48 sch
sub 1998 No 52 s 11
am 1999 No 48 s 6; pars renum R7 LA; 2002 No 39 amdt 1.1
Issue of building approvals
s 34am 1979 No 30 sch; 1992 No 23 sch 1; 1992 No 48 sch; 1998 No 48 s 7
sub 1998 No 52 s 11
am 1999 No 48 s 7; 1999 No 69 s 6; 2001 No 44 amdts 1.452-1.456; 2002 No 15 s 5; ss and pars renum R7 LA (see 2002 No 15 s 6)
External design and siting considerations
s 34Ains 1998 No 52 s 11
Amendment of approved plans
s 35am 1979 No 30 s 14, sch; 1987 No 47 s 8; 1988 No 73 s 9; 1991 No 43 sch; 1992 No 48 sch
sub 1998 No 52 s 11
Effect of issue of further building approval
s 35Ains 1998 No 52 s 11
Land to be used in accordance with lease
s 36am 1979 No 30 s 15, sch; 1984 No 68 s 12; 1987 No 20 s 4; 1988 No 80 s 9; 1988 No 86 sch; 1991 No 23 s 12; 1992 No 23 sch 1; 1992 No 48 sch; 1993 No 1 sch 1; 1994 No 81 sch; 1995 No 28 s 9
sub 1998 No 52 s 11
Period for which approvals are in force
s 36Ains 1979 No 30 s 16
sub 1998 No 52 s 11
Carrying out building work
div 3.4 hdg(prev pt 3 div 4 hdg) renum R5 LA
Requirements for carrying out building work
s 37sub 1979 No 30 s 17; 1998 No 52 s 11
Notifications by owner of land in relation to building work
s 37Ains 1998 No 52 s 11
Notifications by certifier in relation to building work
s 38am 1996 No 85 s 93
sub 1998 No 52 s 11
am 2001 No 44 amdts 1.457-1.459; 2002 No 15 s 7
Stages of building work
s 38Ains 1998 No 52 s 11
am 1999 No 48 sch; 2001 No 3 sch 1
Building inspector may specify safety precautions
s 39sub 1979 No 30 s 18
am 1983 No 20 s 5; 1984 No 68 s 13; 1988 No 86 s 9; 1991 No 43 sch; 1992 No 48 sch
sub 1998 No 52 s 11
Completion of building work
div 3.5 hdg(prev pt 3 div 5 hdg) renum R5 LA
Structural engineer’s certificate
s 39Ains 1998 No 52 s 11
Completion of building work
s 40am 1979 No 30 s 19, sch; 1987 No 20 s 5; 1991 No 43 sch; 1992 No 48 sch; 1993 No 1 sch 1; 1995 No 28 s 10; 1999 No 48 sch
sub 1998 No 52 s 11
Offences
div 3.6 hdg(prev pt 3 div 6 hdg) renum R5 LA
Compliance with building code
s 40Ains 1998 No 52 s 11
Notification of breaches
s 41am 1979 No 30 s 20; 1987 No 47 s 9
sub 1998 No 52 s 11
am 2001 No 44 amdt 1.460, amdt 1.461
Carrying out building work in breach of s 37
s 41Ains 1988 No 86 s 10
am 1992 No 48 sch
sub 1998 No 52 s 11
Specialised systems
pt 3A hdgins 1991 No 23 s 13
om 1997 No 70 s 11
General
pt 3A div 1 hdg      ins 1991 No 23 s 13
om 1997 No 70 s 11
Interpretation
s 42am 1979 No 30 s 21, sch; 1984 No 68 s 14
om 1988 No 86 sch
ins 1991 No 23 s 13
om 1997 No 70 s 11
Application of part
s 42Ains 1991 No 23 s 13
am 1991 No 43 sch
om 1997 No 70 s 11
Licensing
pt 3A div 2 hdg      ins 1991 No 23 s 13
om 1997 No 70 s 11
Operation in accordance with a licence
s 42Bins 1991 No 23 s 13
am 1994 No 81 sch
om 1997 No 70 s 11
Application
s 42Cins 1991 No 23 s 13
om 1997 No 70 s 11
Issue
s 42Dins 1991 No 23 s 13
om 1997 No 70 s 11
Notification of changes
s 42Eins 1991 No 23 s 13
am 1994 No 81 sch
om 1997 No 70 s 11
Renewal
s 42Fins 1991 No 23 s 13
om 1997 No 70 s 11
Transfer
s 42Gins 1991 No 23 s 13
om 1997 No 70 s 11
Statements by engineers
s 42Hins 1991 No 23 s 13
om 1997 No 70 s 11
Suspension of licences
pt 3A div 3 hdg      ins 1991 No 23 s 13
om 1997 No 70 s 11
Suspension
s 42Jins 1991 No 23 s 13
om 1997 No 70 s 11
Preliminary suspension
s 42Kins 1991 No 23 s 13
om 1997 No 70 s 11
Effect of suspension
s 42Lins 1991 No 23 s 13
om 1997 No 70 s 11
Notification of suspension
s 42Mins 1991 No 23 s 13
om 1997 No 70 s 11
Applicable standards
pt 3A div 4 hdg      ins 1991 No 23 s 13
om 1997 No 70 s 11
Amending the standard
s 42Nins 1991 No 23 s 13
om 1997 No 70 s 11
Disallowable instrument
s 42Pins 1991 No 23 s 13
om 1997 No 70 s 11
Exempt systems
pt 3A div 5 hdg      ins 1991 No 23 s 13
om 1997 No 70 s 11
Entitlement to apply
s 42Qins 1991 No 23 s 13
om 1997 No 70 s 11
Exemption
s 42Rins 1991 No 23 s 13
om 1997 No 70 s 11
Meaning of easement
s 42Sins 1992 No 48 s 7
am 2002 No 39 amdt 1.1
Stop notices
s 43am 1974 No 38 s 5; 1979 No 30 s 22, sch; 1982 No 69 s 3; 1988 No 80 s 10; 1988 No 86 sch; 1988 No 88 sch; 1990 No 60 sch; 1991 No 23 s 14; 1992 No 23 sch 1; 1992 No 48 s 8 and sch; 1993 No 1 sch 1; 1996 No 85 s 94; 1998 No 52 s 12; ss and paragraphs renum R7 LA
Further notices relating to stop notices
s 44am 1974 No 38 s 6; 1979 No 30 sch; 1987 No 20 s 6; 1992 No 48 s 9; 1993 No 1 sch 1; 1998 No 52 s 13; ss renum R7 LA; 2002 No 56 amdt 3.4
Service of notice
s 45am 1993 No 1 sch 1
Notice to produce survey plan
s 45Ains 1982 No 69 s 4
am 1998 No 52 s 14
Notice to carry out building work
s 46sub 1974 No 38 s 7
am 1979 No 30 s 23; 1982 No 69 s 5; 1984 No 68 s 15; 1987 No 20 s 7; 1988 No 80 s 11; 1988 No 86 sch; 1988 No 88 sch; 1990 No 60 sch; 1991 No 23 s 15; 1992 No 23 sch 1; 1992 No 48 s 10 and sch; 1993 No 1 sch 1; 1996 No 85 s 95; 1997 No 70 s 12; ss and paragraphs renum R7 LA; 2002 No 56 amdt 3.5
Objection
s 47am 1984 No 68 s 16; 1988 No 88 sch
om 1988 No 86 sch
Appeal to Supreme Court
s 48om 1988 No 86 sch
Failure to comply with order of review committee or Supreme Court
s 49om 1988 No 86 sch
Time not to run pending objection or appeal
s 50om 1988 No 86 sch
Compliance with notices
s 51am 1982 No 69 s 6
sub 1988 No 87 s 5
am 1994 No 81 sch
Removal of loose asbestos
pt 4A hdgins 1988 No 80 s 12
sub 1991 No 23 s 16
am 1997 No 70 s 13
Loose asbestos
pt 4A div 1 hdg      ins 1991 No 23 s 16
om 1997 No 70 s 14
Treatment and removal of loose asbestos by Territory
s 51Ains 1988 No 80 s 12
am 1989 No 38 s 8
Additional powers of Territory
s 51Bins 1988 No 80 s 12
am 1989 No 38 s 9
Notice to occupier that work is to be performed
s 51Cins 1988 No 80 s 12
am 1989 No 38 sch 1
Service of notices
s 51Dins 1988 No 80 s 12
Notice to owner that work is to be performed
s 51Eins 1988 No 80 s 12
Entry to building with force
s 51Fins 1988 No 80 s 12
am 1989 No 38 sch 1
Liability of Territory
s 51Gins 1988 No 80 s 12
am 1989 No 38 s 10
Obstruction of Territory
s 51Hins 1988 No 80 s 12
am 1989 No 38 s 11; 1994 No 81 sch
Legionella bacteria
pt 4A div 2 hdg      ins 1991 No 23 s 17
om 1997 No 70 s 15
Duty to maintain and clean specialised systems
s 51Jins 1991 No 23 s 17
am 1994 No 81 sch
om 1997 No 70 s 15
Duty to notify building controller
s 51Kins 1991 No 23 s 17
am 1994 No 81 sch
om 1997 No 70 s 15
Shutdown notices
s 51Lins 1991 No 23 s 17
am 1997 No 70 sch 1
om 1997 No 70 s 15
Clearance certificates
s 51Mins 1991 No 23 s 17
am 1997 No 70 sch 1
om 1997 No 70 s 15
Compliance with directions
s 51Nins 1991 No 23 s 17
am 1994 No 81 sch
om 1997 No 70 s 15
Liability of the Territory
s 51Pins 1991 No 23 s 17
om 1997 No 70 s 15
Effect of certificates under pt 5
s 52am 1979 No 30 s 24; 1999 No 48 s 8
Certificate of occupancy
s 53am 1979 No 30 s 25, sch; 1984 No 68 s 17; 1987 No 20 s 8; 1988 No 31 sch; 1988 No 87 s 6; 1991 No 43 sch; 1992 No 23 sch 1; 1992 No 48 sch; 1993 No 1 sch 1; 1994 No 81 sch; 1998 No 52 s 15; 1999 No 48 sch; 2000 No 66 sch 1 pt 1; 2000 No 69 s 31; 2001 No 44 amdt 1.462, amdt 1.463; ss and pars renum R7 LA
Certificates of occupancy and use for owner-builders
s 53AAins 1995 No 28 s 11
am 1999 No 48 sch
Government buildings
s 53ABins 1999 No 48 s 9
am 2001 No 44 amdts 1.464-1.466; 2002 No 56 amdt 3.6
Statement that permit conditions are met
s 53Ains 1987 No 20 s 9
am 1988 No 80 s 13; 1994 No 81 sch
om 1998 No 52 s 16
Notification of decisions
s 53Bins 1987 No 20 s 9
om 1988 No 73 s 10
Review of decisions
s 53Cins 1987 No 20 s 9
om 1988 No 73 s 10
Occupation and use of buildings
s 54am 1988 No 73 s 11; 1988 No 80 s 14; 1994 No 81
sub 1999 No 48 s 10
Use of buildings restricted
s 54Ains 1979 No 30 s 26
am 1988 No 80 s 15; 1988 No 86 sch; 1992 No 48 sch; 1994 No 81 sch; 1999 No 48 s 11
Occupation and use of ex-government buildings
s 54Bins 1999 No 48 s 12
am 2002 No 56 amdt 3.7
Action by building controller on unauthorised use of premises
s 55am 1979 No 30 s 27; 1988 No 87 s 7; 1992 No 48 sch; 1994 No 81 sch; 1999 No 48 s 13
Copies of certificates of occupancy and regularisation
s 56am 1992 No 23 sch 1; 1992 No 48 sch
Safe live load plates
s 57sub 1979 No 30 s 28
am 1988 No 80 s 16; 1994 No 81 sch; 1999 No 48 s 14
Exceeding safe live load
s 58sub 1979 No 30 s 29
am 1988 No 80 s 17; 1994 No 81 sch
Residential building—statutory warranties and insurance
pt 5A hdgrenum as pt 6 hdg
Definitions for pt 5A
s 58Arenum as s 59
Cost of building work
s 58AArenum as s 60
Application
s 58Brenum as s 61
Statutory warranties
s 58Crenum as s 62
Builder’s liability
s 58Drenum as s 63
Residential building work insurance
s 58Erenum as s 64
Recovery from builder
s 58Frenum as s 65
Duties of insurers
s 58Grenum as s 66
Residential building—statutory warranties and fidelity certificates insurance
pt 6 hdgorig pt 6 hdg renum as pt 7 hdg
(prev pt 5A hdg) ins 1988 No 73 s 12
sub 2002 No 15 s 8
renum R7 LA (see 2002 No 15 s 13)
General
div 6.1(prev div 5A.1 hdg) ins 2002 No 15 s 8
renum R7 LA (see 2002 No 15 s 13)
Definitions for pt 6
s 59orig s 59 renum as s 101
(prev s 58A) ins 1998 No 73 s 12
renum R7 LA (see 2002 No 15 s 13)
def actuary ins 2002 No 15 s 9
def approved criteria ins 2002 No 15 s 9
def approved scheme ins 2002 No 15 s 9
def builder ins 1988 No 73 s 12
def building ins 1988 No 73 s 12
sub 1998 No 52 s 17
def building work ins 1988 No 73 s 12
def completion day ins A2003-38 s 4
def cost ins 1988 No 73 s 12
sub 1995 No 28 s 12
def dwelling ins 1988 No 73 s 12
om 1998 No 48 s 8
def fidelity certificate ins 2002 No 15 s 9
def fidelity fund scheme ins 2002 No 15 s 9
def flat ins 1988 No 73 s 12
am 1991 No 43 sch
om 1998 No 48 s 8
def ground storey ins 1988 No 73 s 12
am 1991 No 43 sch
om A2003-38 s 5
def habitable room ins 1988 No 73 s 12
am 1991 No 43 sch
def house ins 1988 No 73 s 12
am 1991 No 43 sch
om 19998 No 48 s 8
def mezzanine ins 1988 No 73 s 12
am 1991 No 43 sch
om 1998 No 48 s 8
def prudential standards ins 2002 No 15 s 9
def residential building ins 1988 No 73 s 12
sub 1995 No 28 s 12; A2003-38 s 6
def residential building work ins 1988 No 73 s 12
def special actuary ins 2002 No 15 s 9
def storey ins 1988 No 73 s 12
am 1991 No 43 sch
om 1995 No 28 s 12
Meaning of completion day for pt 6
s 59Aorig s 59A renum as s 102
ins A2003-39 s 7
Cost of building work
s 60orig s 60 renum as s 103
(prev s 58AA) ins 1995 No 28 s 13
renum R7 LA (see 2002 No 15 s 13)
Protection of representatives, witnesses etc
s 60Ains 1979 No 30 s 30
om 1988 No 86 s 11
Statutory warranties
div 6.2 hdg(prev div 5A.2 hdg) ins 2002 No 15 s 10
renum R7 LA (see 2002 No 15 s 13)
Application
s 61orig s 61 om 1988 No 86 s 11
(prev s 58B) ins 1988 No 73 s 12
am 1989 No 38 sch 1; 1991 No 43 sch; 1994 No 38 sch 1 pt 9; 1995 No 28 s 14; 1998 No 52 s 18
renum R7 LA (see 2002 No 15 s 13)
Review of decisions
s 61Ains 1988 No 73 s 14
am 1989 No 38 sch 1
om 1988 No 86 s 11
Notification of decisions
s 61Bins 1988 No 73 s 14
am 1989 No 38 sch 1
om 1988 No 86 s 11
Statutory warranties
s 62orig s 62 renum as s 104
(prev s 58C) ins 1988 No 73 s 12
am 1995 No 28 s 15; 1999 No 48 sch
renum R7 LA (see 2002 No 15 s 13)
am A2003-38 s 8
Residential building insurance
div 6.3 hdg(prev 5A.3 hdg) ins 2002 No 15 s 11
renum R7 LA (see 2002 No 15 s 13)
Builder’s liability
s 63orig s 63 renum as s 105
(prev s 58D) ins 1988 No 73 s 12
renum R7 LA (see 2002 No 15 s 13)
Legal liability for acts of building controller etc
s 63Arenum as s 106
Conduct of directors, servants and agents
s 63Brenum as s 107
Residential building work insurance
s 64orig s 64 renum as s 108
(prev s 58E) ins 1988 No 73 s 12
am 1995 No 28 s 16; 1998 No 52 s 19; 1999 No 48 sch; paragraphs renum R7 LA
renum R7 LA (see 2002 No 15 s 13)
am A2003-38 ss 9-11; ss renum R15 LA (see A2003-38 s 12)
Recovery from builder
s 65orig s 65 renum as s 109
(prev s 58F) ins 1988 No 73 s 12
renum R7 LA (see 2002 No 15 s 13)
Duties of insurers
s 66orig s 66 renum as s 110
(prev s 58G) ins 1988 No 73 s 12
am 1994 No 81 sch; 1995 No 28 s 17
renum R7 LA (see 2002 No 15 s 13)
Approved fidelity fund schemes
div 6.4 hdg(prev div 5A.4 hdg) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Approval of fidelity fund schemes
s 67orig s 67 am 1989 No 38 sch 1
sub 1995 No 28 s 19
om 2001 No 44 amdt 1.468
(prev s 58H) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Additional information etc
s 68(prev s 58I) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15, amdt 3.16
Minister may require changes to scheme
s 69(prev s 58J) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Approval criteria for fidelity fund schemes
s 70(prev s 58K) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Approval of scheme may be conditional
s 71(prev s 58L) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Application for changes to approved scheme
s 72(prev s 58M) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Approval of changes to approved scheme
s 73(prev s 58N) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Prudential standards
s 74(prev s 58O) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.8
Compliance with prudential standards by trustees
s 75(prev s 58P) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Notice to trustees to comply with prudential standards
s 76(prev s 58Q) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Notice to trustees requiring information
s 77(prev s 58R) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15, amdt 3.16
Suspension or cancellation of approval of approved scheme
s 78(prev s 58S) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.9, 3.15
Cancellation of approval on application
s 79(prev s 58T) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.10
Orders consequential on etc suspension or cancellation
s 80(prev s 58U) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.11
Address for service for trustees
s 81(prev s 58V) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Auditors and actuaries of approved schemes
div 6.5 hdg(prev div 5A.5 hdg) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Appointment of auditor and actuary for approved scheme
s 82(prev s 58W) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Approval of appointment of auditor or actuary
s 83(prev s 58X) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.12, amdt 3.15
Revocation of approval of appointment of auditor or actuary
s 84(prev s 58Y) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
When person stops holding appointment as auditor or actuary
s 85(prev s 58Z) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Notification of appointment or ending of appointment of auditor or actuary
s 86(prev s 58ZA) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Compliance with prudential standards by auditors and actuaries
s 87(prev s 58ZB) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Auditor and actuary to tell Minister if scheme insolvent etc
s 88(prev s 58ZC) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Giving of information to authority by auditor or actuary etc
s 89 hdgsub 2002 No 56 amdt 3.13
s 89(prev s 58ZD) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15, amdt 3.16
Auditor’s role
s 90(prev s 58ZE) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Actuary’s role
s 91(prev s 58ZF) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Certificates and reports required to be given to Minister
s 92(prev s 58ZG) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Investigation of liabilities by special actuary
s 93(prev s 58ZH) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15, amdt 3.16
Offences in relation to appointment of special actuary
s 94(prev s 58ZI) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Who can be appointed as special actuary
s 95(prev s 58ZJ) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 56 amdt 3.15
Obligations of trustees to auditors and actuaries
s 96(prev s 58ZK) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
Protection of auditor and actuary from liability
s 97(prev s 58ZL) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 40 amdt 3.3
Transitional provisions
div 6.6 hdg(prev div 5A.6 hdg) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
exp 18 May 2003 (s 100)
Transitional regulations
s 98(prev s 58ZM) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
exp 18 May 2003 (s 100)
Modification of operation of div 6.4 and div 6.5
s 99(prev s 58ZN) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
exp 18 May 2003 (s 100)
Expiry of div 6.6
s 100(prev s 58ZO) ins 2002 No 15 s 12
renum R7 LA (see 2002 No 15 s 13)
exp 18 May 2003 (s 100)
Miscellaneous
pt 7 hdg(prev pt 6 hdg) renum R7 LA (see 2002 No 15 s 13)
Service of notices etc
s 101(prev s 59) am 1992 No 48 sch
renum R7 LA (see 2002 No 15 s 13)
False or misleading statements
s 102(prev s 59A) ins 1988 No 73 s 13
am 1991 No 23 s 18; 1994 No 81 sch
renum R7 LA (see 2002 No 15 s 13)
Review by administrative appeals tribunal
s 103(prev s 60) am 1982 No 70 s 5
sub 1988 No 86 s 11 (as am 1989 No 38 s 12)
am 1991 No 23 s 19; 1994 No 60 sch 1; 1995 No 28 s 18; 1996 No 85 s 96; 1997 No 70 s 16; 1998 No 52 s 20; 1999 No 48 s 15, sch; paragraphs renum R7 LA
renum R7 LA (see 2002 No 15 s 12)
am A2003-19 s 6, s 7; pars renum R13 LA (see A2003-19 s 8)
Recovery of costs of work carried out by inspector
s 104(prev s 62) am 1974 No 38 s 8; 1988 No 86 sch; 1992 No 23 sch 1; 1992 No 48 sch; 1993 No 1 sch 1; 1998 No 52 s 21
renum R7 LA (see 2002 No 15 s 13)
Evidence
s 105(prev s 63) am 1974 No 38 s 9; 1979 No 30 s 31; 1988 No 86 sch; 1991 No 23 s 20; 1991 No 43 s 9; 1992 No 48 sch; 1998 No 52 s 22; 1999 No 48 sch; ss renum R7 LA
renum R7 LA (see 2002 No 15 s 13)
Legal liability for acts of building controller etc
s 106(prev s 63A) ins 1983 No 66 s 5
am 1989 No 38 sch 1; 1992 No 48 sch
renum R7 LA (see 2002 No 15 s 13)
Conduct of directors, servants and agents
s 107(prev s 63B) ins 1988 No 73 s 15
am 2001 No 44 amdt 1.467; 2002 No 11 amdt 2.8, amdt 2.9
renum R7 LA (see 2002 No 15 s 13)
am 2002 No 51 amdt 1.3
Determination of fees
s 108(prev s 64) am 1983 No 20 s 6; 1997 No 62 s 4
sub 2001 No 44 amdt 1.468
renum R7 LA (see 2002 No 15 s 13)
Approved forms
s 109(prev s 65) om 1979 No 30 s 32
ins 1983 No 20 s 7
am 1999 No 69 s 7
sub 2001 No 44 amdt 1.468
renum R7 LA (see 2002 No 15 s 13)
Regulation-making power
s 110(prev s 66) om 1979 No 30 s 32
ins 2001 No 44 amdt 1.468
renum R7 LA (see 2002 No 15 s 13)
Inspection stages
schom 1998 No 52 s 23

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1 Act 1991 No 53 2 October 1991

2 Act 1993 No 1 30 April 1993

3 Act 1994 No 97 31 January 1995

4 Act 2000 No 36 30 September 2000

5 Act 2001 No 44 31 August 2001

6* Act 2001 No 44 12 October 2001

7 Act 2002 No 15 21 May 2002

8 Act 2002 No 15 29 May 2002

9 Act 2002 No 39 11 October 2002

10 Act 2002 No 40 1 November 2002

11* Act 2002 No 56 1 January 2003

12 A2003-19 19 May 2003

13 A2003-19 9 June 2003

14 A2003-19 1 July 2003

15 A2003-38 9 September 2003

16 A2003-38 2 July 2004

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

Republication No	Amendments to	Republication date
1	Act 1991 No 53	2 October 1991
2	Act 1993 No 1	30 April 1993
3	Act 1994 No 97	31 January 1995
4	Act 2000 No 36	30 September 2000
5	Act 2001 No 44	31 August 2001
6*	Act 2001 No 44	12 October 2001
7	Act 2002 No 15	21 May 2002
8	Act 2002 No 15	29 May 2002
9	Act 2002 No 39	11 October 2002
10	Act 2002 No 40	1 November 2002
11*	Act 2002 No 56	1 January 2003
12	A2003-19	19 May 2003
13	A2003-19	9 June 2003
14	A2003-19	1 July 2003
15	A2003-38	9 September 2003
16	A2003-38	2 July 2004