Building Act 2000
An Act to regulate the construction and maintenance of buildings and building and plumbing matters and to provide for permits, enforcement matters and resolution of disputes
[Royal Assent 20 December 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1Preliminary1Short titleThis Act may be cited as the Building Act 2000 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3Interpretation (1) In this Act unless the contrary intention appears – accredited building practitioner means a building practitioner who is accredited under Part 4 and whose accreditation is in force; adequate washing facilities means a bath or shower required and installed in accordance with this Act; adjoining occupier means an occupier of adjoining property; adjoining owner means – (a) the owner of adjoining property; and (b) the agent of that owner appointed under section 123 ; adjoining property includes any land that is, or is likely to be, at risk of significant damage from building work; Advisory Committee means the Building Regulation Advisory Committee established under section 9 ; alternative solution means an alternative building solution as defined by the Building Code of Australia; Appeal Board means the Building Appeal Board established under section 203 ; approved form means a form approved by the Director; approved investigator means a person approved under section 34 ; associated building work means any of the following relating to building work: (a) designing and documenting; (b) inspecting, reporting and advising; (c) making, giving or issuing any permit, certificate, notice, order, decision, determination, accreditation or authorisation under this Act; (d) accepting any certificate under this Act; (e) taking any action under this Act; (f) prohibiting or permitting anything under this Act; associated plumbing work means any of the following relating to plumbing work: (a) designing, placing, constructing, altering or maintaining a plumbing installation; (b) inspecting, reporting and advising; (c) giving, issuing or making any permit, certificate, notice, order, decision, determination, accreditation or authorisation under this Act; (d) taking any action under this Act; (e) prohibiting or permitting anything under this Act; authorised body means a body authorised under Part 4 to accredit building practitioners; authorised person means – (a) the Director; and (b) a building surveyor; and (c) a permit authority; and (d) a relevant general manager; builder means – (a) a person engaged by the owner of a building to manage or carry out building work on the building; or (b) if such a person does not exist or is unable to be found, the owner of that building; building includes a proposed building, part of a building, a structure and part of a structure; building action means – (a) any action for damages, other than damages for death or bodily injury, incurred as a result of – (i) defective building work or defective associated building work; and (ii) defective plumbing work or defective associated plumbing work; and (b) a counterclaim to such an action; building certificate means a certificate referred to in section 119 ; Building Code of Australia means the code produced by the Australian Building Code Board relating to the design and construction of buildings; building line, in relation to a road, means – (a) a line determined by by-law or planning instrument – (i) as a building line; or (ii) as a building set-back; or (b) if a line is not so determined, a line which is – (i) 18 metres from the middle of a highway or a road that is not within a city or town; or (ii) 9 metres from the middle of a road, other than an alley, that is within a city or town; building notice means a notice referred to in section 163 ; building order means an order referred to in section 170 , 171 or 173 ; building owner means an owner who builds or intends to build a party wall or party structure; building permit means a permit referred to in section 60 ; building permit levy means a levy referred to in section 270 ; building practitioner means a person of one of the following categories: (a) a designer, other than a plumber, who is responsible for the design, documentation or certification of the design or inspection of building work, plumbing work, buildings or plumbing installations; (b) a building surveyor or assistant building surveyor who is responsible for document assessment, certification, determination or inspection of building work or buildings; (c) a builder who is responsible for the management, carrying out or certification of building work; building product means any product used in building; Building Regulations means regulations made under Division 1 of Part 13 ; building system includes a construction method or design; building work means work relating to – (a) erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or removing a building; and (b) adding to a building; and (c) excavating or filling incidental to an activity referred to in paragraph (a) or (b) ; and (d) any other prescribed work; certificate of completion (building work) means a certificate of completion referred to in section 112 ; certificate of completion (plumbing work) means a certificate of completion referred to in section 113 ; certificate of conformity means a certificate issued by the Australian Building Code Board certifying conformity with the Building Code of Australia; certificate of final inspection means a certificate referred to in section 92 ; certificate of likely compliance means a certificate referred to in section 62 ; certificate of substantial compliance means a certificate referred to in section 183 ; certificate to proceed means a certificate referred to in section 175 ; classification means classification under the Building Code of Australia; designer means an architect, engineer, draftsperson, building designer or building services designer; Director means the Director of Building Control appointed under section 6 ; emergency order means an order referred to in section 162 ; environmental health officer means a person appointed as such under the Public Health Act 1997 ; essential safety and health features includes – (a) safety and health equipment; and (b) components and installations of such equipment; essential safety and health measures includes – (a) safety and health strategies; and (b) management procedures relating to those strategies; fire source feature means a fire source feature as defined in the Building Code of Australia; fire upgrading notice means a notice referred to in section 167 ; fire upgrading report means a report referred to in section 166 ; function control authority means an authority – (a) that is required under an Act to – (i) issue a certificate, licence, registration or permit for a function or operation within a building; or (ii) inspect or control a function or operation within a building; and (b) that the Director specifies is a function control authority for the purpose of this Act; Fund means the Building Administration Fund established under section 271 ; general manager means a general manager appointed under the Local Government Act 1993 ; historic building means a building entered in the Heritage Register under the Historic Cultural Heritage Act 1995 ; inhabit, in relation to a building, means to stay, work, sleep, eat or cook in the building; insurance includes – (a) professional indemnity insurance; and (b) a performance bond; and (c) a guarantee; and (d) an indemnity; and (e) public liability insurance; and (f) insurance relating to a particular building work or plumbing work; and (g) insurance taken out by any body or person which relates to the work of a building practitioner; and (h) any agreement or instrument in the nature of an item set out in paragraphs (a) to (g) ; mandatory notification stage means a stage of building work that requires notification to the building surveyor under the Building Regulations; occupancy permit means a permit that allows the occupancy of a building; on-site waste water management system means an on-site system for the management of waste water that is – (a) a disposal or treatment system servicing one or more blocks; or (b) an on-site composting toilet or system; or (c) an on-site incinerating toilet; owner, in relation to any building or land, includes every person who jointly or severally, whether at law or in equity – (a) is entitled to the building or land for any estate of freehold in possession; or (b) has contracted to buy the building or land; or (c) is entitled to receive or is in receipt of the rents and profits of the building or land, whether as beneficial owner, trustee, mortgagee in possession or otherwise; owner builder means a person who – (a) carries out building work on a building on land owned by the person; and (b) is not carrying on the business of building; and (c) has not constructed more than 2 buildings of any classification (including in the case of a Class 1 building more than two groups of buildings which in association constitute a Class 1 building), other than Class 10 building, in the last 10 years not including any years prior to the commencement of this Act; and (d) has made a statement referred to in section 24 ; party arch means an arch that – (a) separates adjoining buildings belonging to different owners or occupied by different persons; or (b) separates a building from a public way or a private way leading to premises in other occupation; party fence wall means a wall that separates adjoining lands of different owners and standing on lands of different owners that – (a) is not part of a building; or (b) does not have footings that project into the land of another owner; party structure means a party wall, partition, floor or other structure separating vertically or horizontally buildings that is approached by a distinct staircase or separate entrance from without; party wall means a wall forming part of a building that – (a) separates adjoining buildings belonging to different owners or occupied by different persons; or (b) stands to a greater extent than the projection of the footings on lands of different owners; permit authority means a person or body authorised for that purpose by the council of the municipal area in which the relevant building work, building, plumbing work or plumbing installation is located; permit of substantial compliance means a permit referred to in section 168 ; permit to proceed means a permit referred to in section 178 ; plumber means a person who holds an appropriate certificate of registration under the Plumbers and Gas-fitters Registration Act 1951 ; plumbing installation means – (a) a system of water supply; or (b) a system of sewage or sullage drainage or disposal; or (c) a system of stormwater drainage, roof drainage or trade waste drainage; or (d) an on-site waste water management system; plumbing notice means a notice referred to in section 164 ; plumbing order means an order referred to in section 172 ; plumbing permit means a permit referred to in section 75 ; plumbing product means any product used in plumbing work; Plumbing Regulations means regulations made under Division 2 of Part 13 ; plumbing work means any work relating to – (a) installing, altering or maintaining a plumbing installation; or (b) any other prescribed work; professional misconduct means unsatisfactory professional conduct that is sufficiently serious as to justify suspension or cancellation of accreditation; protection work means work that involves taking measures to protect an adjoining property; public notice means a notice published – (a) in the Gazette; or (b) in a daily newspaper circulating generally in the State; Recorder of Titles means the person appointed as such under the Land Titles Act 1980 ; reporting authority means a body or person required under the Building Regulations to report on an application for a building permit or an occupancy permit; required insurance means insurance required under section 48 ; required report means a report required to be made in respect of a building permit or occupancy permit; road means any land that is a public road or highway; scheme means the scheme referred to in section 19(2)(a)(i) ; sewerage installation means a sewerage installation as defined in the Plumbing Regulations; special plumbing permit means a permit referred to in section 77 ; special-use building means a building – (a) in respect of which a function control authority exercises control; and (b) to which Part H of the Building Code of Australia applies; specified means specified by the Director; Tasmanian Plumbing Code means the code issued by the Minister under section 58 ; temporary occupancy permit means a permit required under section 105 ; temporary structure includes any – (a) booth, tent or other temporary enclosure, whether or not a part of the booth, tent or enclosure is permanent; or (b) temporary seating structure; or (c) any other prescribed structure; testable backflow prevention device means such a device as defined in the Plumbing Regulations; unregistrable relocatable building means a relocatable building that – (a) is not registrable as a motor vehicle or trailer; and (b) is designed to be moved between sites; unsatisfactory professional conduct means conduct that – (a) falls short of a reasonable standard of competence, diligence and integrity; or (b) only partially fulfils requirements; or (c) wilfully disregards relevant and appropriate matters; or (d) fails to comply with this or any other Act or prescribed law. (2) The nature, purpose or use of a building is to be determined – (a) from its design; or (b) if it is suitable for different purposes or uses, according to its most natural purpose or use as inferred from its design, its situation and the declared intentions of the owner when an application is made. 4Act binds CrownThis Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 5Act prevailsThis Act prevails over the provisions of any other Act or any regulation, rule, by-law, guidelines, planning instrument, standard, condition, determination or directive made under any other Act relating to the design of any building, building work or plumbing work. PART 2AdministrationDivision 1Director of Building Control6Director of Building ControlThe Minister administering the Tasmanian State Service Act 1984 may appoint a person employed under that Act to be the Director of Building Control and that person holds that office in conjunction with a position or an office under that Act. 7General functions of DirectorThe Director has the following functions: (a) to advise the Minister about all matters under this Act and the administration of this Act; (b) to advise the Minister on legislation regarding matters relating to building and plumbing; (c) to liaise with any permit authority or council on its functions under this Act; (d) to liaise with the building and plumbing industries and other interested groups or bodies on matters relating to building and plumbing; (e) to liaise with, and represent the State on, in respect of any matter under this Act, any national body established to deal with matters relating to building and plumbing; (f) to facilitate training in respect of matters under this Act; (g) to publish reports and disseminate information on matters relating to building and plumbing; (h) to review the performance of authorised bodies, building practitioners, permit authorities and councils; (i) to carry out any other function the Minister determines. 8Assistance to Director (1) The Director may make arrangements with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , for employees employed in that Agency to be made available to the Director to enable the Director to perform his or her functions and exercise his or her powers under this Act. (2) A person may be made available to the Director in conjunction with a position in the State Service. Division 2Building Regulation Advisory Committee9Advisory Committee (1) There is established the Building Regulation Advisory Committee. (2) The Advisory Committee consists of – (a) the Director, who is the chairperson; and (b) at least 9 other members appointed by the Minister from nominations made under subsection (3) who between them have knowledge and expertise in all of the following areas: (i) building surveying; (ii) architecture; (iii) engineering; (iv) building; (v) plumbing; (vi) local government; (vii) firefighting and fire safety; (viii) the interests of the community; (ix) environmental and public health; and (c) any other person appointed by the Minister. (3) The Minister, by public notice, is to call for nominations for membership of the Advisory Committee. (4) Schedule 1 has effect with respect to the membership and meetings of the Advisory Committee. 10Functions of Advisory Committee (1) The Advisory Committee has the following functions: (a) to advise the Minister on the administration of this Act; (b) to advise the Minister in relation to proposed regulations under this Act; (c) to investigate and report to the Minister on any matter related to this Act that is referred to it by the Minister; (d) any other function the Minister determines in relation to building and plumbing matters; (e) to advise the Minister in relation to matters relating to the Fund. (2) The Advisory Committee may request the Director to make arrangements for the provision of services of a body or person to assist it in performing its functions. Division 3Delegation11Delegation (1) The Minister may delegate to any person any of the Minister’s powers and functions under this Act, other than this power of delegation. (2) The Director may delegate to any person any of the Director’s powers and functions under this Act, other than this power of delegation. (3) A permit authority may delegate to any person any of its powers and functions under this Act, other than this power of delegation. (4) A council may delegate to any person any of its powers and functions under this Act, other than this power of delegation. (5) A general manager may delegate to any person any of the general manager’s powers and functions under this Act, other than this power of delegation. PART 3Duties of persons12Duties of owners (1) The owner of a building who authorises building work in respect of the building, so far as is reasonably practicable, is to ensure that – (a) any person engaged to carry out the building work and associated building work is an accredited building practitioner if so required under this Act; and (b) correct information is provided to any person engaged to carry out the building work and associated building work; and (c) the building or land on which the building work is to be carried out is clearly identifiable; and (d) provisions for the protection of adjoining property are carried out in accordance with this Act; and (e) the building is not occupied until an occupancy permit has been issued; and (f) sufficient information is supplied to the next owner for that owner to maintain the building in accordance with this Act. (2) An owner who engages a person to carry out any plumbing work is to ensure, so far as is reasonably practicable, that the person is a plumber if so required under the Plumbers and Gas-fitters Registration Act 1951 . (3) An owner who engages a person to design plumbing work is to ensure, so far as is reasonably practicable, that the person is – (a) an accredited building practitioner; or (b) a plumber. (4) The owner of a building, so far as is reasonably practicable, is to ensure that the building is used and maintained for the intended purpose in accordance with this Act. 13Duties of designersA designer is to ensure that – (a) he or she acts only within the area of his or her competence; and (b) so far as is reasonably practicable – (i) the design of the building or plumbing work is in accordance with the standards and requirements of this Act; and (ii) the documentation relating to the design includes sufficient information for the assessment of the work in accordance with this Act; and (iii) the documentation relating to the design is sufficiently detailed for a builder or a plumber to carry out the work in accordance with the documents and this Act. 14Duties of builders and plumbers (1) A builder or plumber is to ensure that he or she acts only within the area of his or her competence. (2) A builder who carries out building work or a plumber who carries out plumbing work is to ensure that – (a) a relevant permit, authorisation or notification is issued for the work before it is commenced; and (b) any directions under this Act are complied with. (3) A builder who carries out building work or a plumber who carries out plumbing work, so far as is reasonably practicable, is to ensure that – (a) the work is carried out in accordance with the relevant permit or authorisation and this Act; and (b) the quality of the materials used in the work is in accordance with the relevant permit or authorisation and this Act; and (c) the building work is located on land owned by the owner; and (d) the work is carried out in a manner that does not cause – (i) a public health risk; or (ii) a danger to the public; or (iii) a nuisance to an adjoining owner; or (iv) damage to infrastructure; and (e) sufficient information is supplied to the owner for the owner to maintain the building in accordance with this Act. 15Duties of building surveyors (1) A building surveyor is to ensure that he or she acts only within the area of his or her competence. (2) A building surveyor, as far as is reasonably practicable, is to ensure that building work is carried out in accordance with this Act. 16Duties of permit authoritiesA permit authority who issues a building permit or plumbing permit, so far as is reasonably practicable, is to ensure that – (a) the permit is in accordance with this Act; and (b) any required matters are taken into account in accordance with this Act; and (c) registers are kept in accordance with this Act; and (d) a certificate of completion (building work) or a certificate of completion (plumbing work) is issued in accordance with this Act. 17Duties of reporting authoritiesA reporting authority who reports on building work is to ensure that – (a) it acts only within the area of its competence; and (b) it reports to the building surveyor on any required matters in relation to permits in accordance with this Act; and (c) it reports to the building surveyor on any inspections of required matters in accordance with this Act. 18Duties of councilsA council of a municipal area, as far as is reasonably practicable, is to – (a) ensure that the owners of property are informed of their duties under this Act – (i) in relation to any building work or plumbing work; and (ii) in maintaining and using a building; and (b) make itself aware of – (i) building work and plumbing work; and (ii) the use and occupation of buildings; and (c) ensure that proceedings are instituted against any person or body failing to comply with this Act. PART 4Accredited building practitionersDivision 1Authorised bodies19Application to be authorised body (1) An incorporated body or statutory body may apply to the Minister to be an authorised body for the purpose of accrediting a specified category of building practitioner. (2) An application is to be accompanied by – (a) a statement detailing – (i) the scheme under which the body proposes to grant accreditation; and (ii) the code of conduct by which the body proposes to measure the performance of accredited building practitioners; and (iii) the categories, and classes of those categories, of accreditation available and the minimum qualifications and experience or competency required for each category and class; and (b) a statement specifying the representation on proposed committees of the body; and (c) a prescribed fee. 20Granting application (1) The Minister may authorise a body to be an authorised body if satisfied that – (a) the body has competence and expertise in accrediting building practitioners; and (b) the statements referred to in section 19 demonstrate that the body is suitable to be an authorised body; and (c) the proposed scheme meets any guidelines determined by the Minister. (2) The Minister may authorise more than one body to be an authorised body for accrediting a specified category of building practitioner. (3) The Minister may authorise a body to be an authorised body subject to any conditions the Minister considers appropriate. (4) The Minister, by public notice, is to notify the authorisation of an authorised body. (5) The Minister may issue guidelines in respect of matters relating to a scheme under which accreditation is granted. 21Withdrawal of authorisationThe Minister, by public notice, may withdraw the authorisation of a body to be an authorised body if – (a) the body fails to comply with any condition of the authorisation; or (b) the Minister is no longer satisfied as to any matter referred to in section 20(1) . 22General functions of authorised bodiesAn authorised body is to – (a) monitor compliance by accredited building practitioners with this Part; and (b) provide a report to the Director as required by the Director. Division 2Accreditation23Offences relating to accreditation (1) A person must not carry out the work of a building practitioner that requires a building permit and the cost of which exceeds $5 000 unless the person is accredited under this Part in the relevant category and class.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A person must not purport to be an accredited building practitioner unless the person is accredited under this Part.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (3) Subsection (1) does not apply to – (a) an owner builder or a person engaged by an owner builder to carry out building work; or (b) a plumber carrying out a class of plumbing work as defined by the Plumbers and Gas-fitters Registration Act 1951 that requires a building permit; or (c) a plumber carrying out the replacement of roof decking that requires a building permit; or (d) a person carrying out electrical work as defined by the Electricity Industry Safety and Administration Act 1997 that requires a building permit; or (e) an owner builder who designs their own building work. 24Owner builder (1) A person intending to be an owner builder is to make a statement in an approved form declaring that the person is aware of his or her obligations as an owner builder. (2) The Minister, on application by a person who is not an owner builder, may designate the person as an owner builder in respect of a particular building work if the Minister considers special circumstances exist. 25Bodies corporate and partnershipsIf a building practitioner is a body corporate or partnership, the person who is to be accredited under this Part is – (a) a director of the body; or (b) a partner in the partnership; or (c) a permanent employee nominated by the body or the partners. 26Application for accreditation (1) A person may apply to an authorised body to be an accredited building practitioner in a particular category and class. (2) An authorised body may – (a) grant an application for accreditation with or without conditions; or (b) refuse to grant the application if satisfied that the applicant – (i) does not have the qualifications, experience or competence to perform the functions of or to carry out work of an accredited building practitioner as appropriate for the category and class of accreditation applicable to the applicant; or (ii) is not, or is not likely to be, adequately covered by the required insurance; or (iii) does not, or is not likely to, meet any requirement of the scheme. (3) An authorised body is not to grant an application for accreditation to a person whose accreditation was previously cancelled or refused without examining the details of that cancellation or refusal. (4) An authorised body is to provide the applicant with written reasons for the refusal to grant an application for accreditation. 27Certificate of accreditation (1) Except as provided in subsection (3) , the authorised body is to issue a certificate of accreditation in the approved form to a person who is an accredited building practitioner. (2) The authorised body, as soon as practicable, is to notify the Director of the specified details of – (a) each applicant to whom it grants accreditation; and (b) each certificate issued under subsection (1) . (3) The Director is to issue a certificate of accreditation if – (a) the applicant, for reasons of religious conscience, has requested that the Director issues the certificate; and (b) the Director is satisfied as to those reasons. 28Period of certificate (1) A certificate of accreditation remains in force for a period of 3 years after the date on which it is issued. (2) A certificate of accreditation expires if – (a) it is not renewed; or (b) the accredited building practitioner is no longer adequately covered by the required insurance. 29Renewal of certificates (1) An accredited building practitioner may apply to an authorised body for the renewal of a certificate of accreditation. (2) An application for renewal is to be made not earlier than 3 months before the certificate expires. (3) An authorised body is to issue a renewal of a certificate of accreditation if satisfied that the applicant – (a) has complied with this Part; and (b) is covered by the required insurance; and (c) has undertaken professional development as required by the scheme. Division 3Audits30Audit by authorised body (1) An authorised body is to arrange for audits to be carried out of the work of building practitioners accredited under its scheme. (2) An accredited building practitioner is to assist in and cooperate with the audit. (3) If an authorised body finds professional misconduct or unsatisfactory professional conduct while auditing the work of an accredited building practitioner, it is to investigate the matter under Division 5 as if it were a complaint. 31Audit by Director (1) The Director may authorise any person to audit the work of an accredited building practitioner as if that person was carrying out an audit as an authorised body. (2) The person carrying out an audit is to report to the Director on the results of the audit. (3) If satisfied that the report indicates that the accredited building practitioner is or may be guilty of unsatisfactory professional conduct or professional misconduct, the Director – (a) is to give a copy of the report to the accredited building practitioner; and (b) is to give a copy of the report to the relevant authorised body; and (c) may make a complaint against the accredited building practitioner with respect to any matter arising from the report. Division 4Complaints32Complaints (1) A person may make a complaint to the relevant authorised body in respect of the professional misconduct or unsatisfactory professional conduct of a building practitioner accredited by that body. (2) A complaint is to – (a) be in writing; and (b) contain particulars of the grounds of the complaint; and (c) be supported by statutory declaration. (3) An authorised body may require the complainant to give further particulars of the complaint supported by statutory declaration. (4) An authorised body, by notice in writing sent to the complainant, may dismiss any complaint without investigation if – (a) further particulars are not given when required; or (b) the complaint or further particulars are not supported by statutory declaration; or (c) the complaint is vexatious or frivolous. 33Notification to building practitioner (1) After receiving a complaint, an authorised body, by written notice, is to – (a) inform the accredited building practitioner within the specified period of the nature of the complaint; and (b) provide to the accredited building practitioner any relevant documents; and (c) invite the accredited building practitioner to make, within the period stated in the notice, representations about the complaint. (2) The period stated in the notice is to be at least 14 days after the date of the notice. (3) Any representation made under subsection (1)(c) forms part of the particulars of the complaint. Division 5Investigations34Approved investigatorFor the purpose of this Division, an authorised body may approve a person as an approved investigator on any terms and conditions it considers appropriate. 35Investigations (1) An authorised body or approved investigator is to conduct an investigation into a complaint as soon as practicable after receiving the complaint. (2) An authorised body or approved investigator may deal with one or more complaints about an accredited building practitioner in the same investigation. (3) If during an investigation an authorised body or approved investigator is satisfied there is matter about which another complaint could have been made against the accredited building practitioner, it may investigate the matter as if a complaint had been made about the matter. (4) An authorised body or approved investigator is to invite the accredited building practitioner who is the subject of a complaint to make submissions in relation to the complaint. 36Production of documents (1) An authorised body or approved investigator, by written notice, may require an accredited building practitioner to produce a document to it. (2) The notice – (a) is to state the time by which and place at which the document is to be produced; and (b) may require the document to be verified by statutory declaration. (3) The time specified in the notice is to be a reasonable time. (4) An accredited building practitioner must comply with a notice.Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. (5) An authorised body or an approved investigator may – (a) inspect any document produced under this section; and (b) copy all or part of the document. 37Powers of entry and inspectionIn investigating a complaint, an authorised body or an approved investigator may enter and inspect a building – (a) with the consent of the person in control of the building; or (b) as authorised by a warrant under section 38 . 38Warrant (1) An authorised body or an approved investigator may apply to a magistrate for a warrant to enter and inspect a specified building. (2) A magistrate may require information to be provided orally or by affidavit before issuing the warrant. (3) A magistrate may issue a warrant if satisfied that there are reasonable grounds for the authorised body or approved investigator to enter and inspect the building for the purpose of this Act. (4) A warrant is to specify – (a) the building in respect of which it is made; and (b) the times during which entry and inspection may be made; and (c) the day on which the warrant ceases to have effect, which is to be not more than 14 days after its issue. (5) An authorised body or approved investigator named in the warrant may enter and inspect the specified building using any necessary and reasonable help and force. 39OffencesAn accredited building practitioner is guilty of professional misconduct if he or she – (a) fails to assist and cooperate with an investigation; or (b) misleads or obstructs an authorised body or an approved investigator in the exercise of any power or performance of any function under this Division. 40Decision of authorised body (1) An approved investigator is to provide a report of an investigation carried out by him or her to the relevant authorised body. (2) After investigating a complaint or receiving a report from an approved investigator, an authorised body may decide that the accredited building practitioner to whom the complaint or report relates – (a) is guilty of unsatisfactory professional conduct; or (b) is guilty of professional misconduct; or (c) is not guilty of professional misconduct or unsatisfactory professional conduct. (3) If an authorised body makes a decision under subsection (2)(a) , it may – (a) caution or reprimand the accredited building practitioner; and (b) impose any condition it considers appropriate on the building practitioner’s accreditation; and (c) direct the accredited building practitioner to complete any course or training directed by the authorised body; and (d) direct the accredited building practitioner to report on his or her practice as an accredited building practitioner in the manner directed by the authorised body; and (e) impose a fine not exceeding a specified amount. (4) If an authorised body makes a decision under subsection (2)(b) , it may – (a) suspend the building practitioner’s accreditation for any period it considers appropriate; or (b) cancel the building practitioner’s accreditation. 41Notice of decision by authorised body (1) An authorised body, by notice in writing served on the complainant and the accredited building practitioner, is to notify – (a) the decision reached under section 40 ; and (b) the reason for that decision; and (c) that an appeal may be made under Division 6 . (2) The notice takes effect – (a) if an appeal is made under Division 6 and the Appeal Board makes a decision in accordance with section 40(2)(a) or (b) on the date of that decision; or (b) if an appeal is not made under Division 6 , at the end of 28 days after the date of service of the notice. (3) A person must comply with the notice when it takes effect.Penalty: In the case of –
(a) a natural person, a fine not exceeding 50 penalty units; or (b) a body corporate, a fine not exceeding 250 penalty units. (4) A person who fails to comply with a notice in respect of a decision under section 40(3)(b) , (c) , (d) or (e) when it takes effect is guilty of professional misconduct. Division 6Appeals42Appeals to Appeal Board (1) A complainant or an accredited building practitioner may appeal to the Appeal Board against any decision or action of an authorised body under section 26 , 32 or 40 . (2) An appeal is to be made within 28 days after the date of service of a notice under section 41 . 43Hearing by Appeal Board (1) The Appeal Board is to hear an appeal as if it were investigating a complaint under Division 5 . (2) In hearing the appeal, the Appeal Board has the same powers as an authorised body under Division 5 . 44Decision of Appeal Board (1) After hearing an appeal, the Appeal Board may – (a) confirm the decision or action of the authorised body; or (b) quash the decision or action of the authorised body and substitute its own decision in accordance with section 40 . (2) If the Appeal Board makes a decision in accordance with section 40(2)(a) or (b) , it may direct the authorised body to take any action specified in section 40(3) or (4) . (3) An authorised body must comply with a direction of the Appeal Board.Penalty: In the case of –
(a) a natural person, a fine not exceeding 50 penalty units; or (b) a body corporate, a fine not exceeding 250 penalty units. 45Notice of decision of Appeal Board (1) The Appeal Board, by service of a notice, is to give a copy of its decision to – (a) the accredited building practitioner; and (b) the complainant; and (c) the authorised body. (2) The notice takes effect – (a) if an appeal is made under section 46 and the magistrate makes a decision in accordance with section 40(2)(a) or (b) , on the date of that decision; or (b) if an appeal is not made under section 46 , at the end of 28 days after the date of service of the notice. (3) A person must comply with the notice when it takes effect.Penalty: In the case of –
(a) a natural person, a fine not exceeding 50 penalty units; or (b) a body corporate, a fine not exceeding 250 penalty units. 46Appeal to magistrate (1) A person may appeal to a magistrate against – (a) a decision of the Appeal Board under section 44(1) ; or (b) a direction of the Appeal Board under section 44(2) . (2) An appeal is to be made within 28 days after service of a notice under section 45 . 47Findings of magistrate (1) After hearing an appeal, the magistrate may – (a) order the authorised body to take any action specified in section 40(3) or (4) ; and (b) impose a fine not exceeding 50 penalty units on the accredited building practitioner; and (c) order the accredited building practitioner to pay to the complainant or another person any amount the magistrate considers appropriate as compensation for – (i) any costs in bringing the complaint; and (ii) any damage suffered by the complainant or the other person as a result of the professional misconduct or unsatisfactory professional conduct of the accredited building practitioner; and (d) make any other order the magistrate considers appropriate. (2) If a magistrate orders the authorised body to cancel the accreditation of a building practitioner, the magistrate may order that the accredited building practitioner must not reapply for accreditation by any authorised body within the period specified in the order. Division 7Insurance48Order requiring insurance (1) The Minister, by order published in the Gazette, may – (a) require accredited building practitioners in particular categories or classes of building practitioners in respect of particular building work or associated building work to be covered by insurance; and (b) determine the type and amount of such insurance; and (c) determine the reporting requirements of the insurer; and (d) determine the type and amount of insurance required for owner builders under section 50(2) . (2) An order takes effect on a date specified in the order, being a date at least one month after the date of its publication. (3) The Minister may amend, vary or revoke an order. (4) An order is not a statutory rule within the meaning of the Rules Publication Act 1953 . 49Insurance coverA person is covered by the required insurance if – (a) the person holds the required insurance; or (b) the building work carried out by or on behalf of the person is covered by the required insurance; or (c) the person is not a party to the required insurance but is specified or referred to in that insurance by name or otherwise as a person covered by that insurance. 50Offences relating to insurance (1) A person must not carry out the work of a building practitioner unless covered by the required insurance.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) An owner builder must not sell a building built by the owner builder within the period referred to in section 255 unless the building is covered by the required insurance.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (3) A person who is not covered by the required insurance must not hold out as being covered by such insurance.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. PART 5Building surveyors51Exercise of powers by assistant building surveyor (1) An assistant building surveyor may exercise the powers of a building surveyor under this Act only in respect of buildings classified as Class 1 or Class 10 under the Building Code of Australia. (2) An assistant building surveyor must exercise the powers of a building surveyor under this Act as if he or she were a building surveyor.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. 52Exercise of powers prohibitedA building surveyor must not exercise any power under this Act in relation to any building work or building if the building surveyor – (a) prepared the design of, or an alternative solution for, the building work or building; or (b) was employed within the previous 12 months by a person who prepared the design of the building work or building; or (c) has a direct or indirect pecuniary interest – (i) in the person who prepared the design of the building work or building; or (ii) in the building work or building; or (iii) in any person associated with the building work or building. Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. 53Referral to other building surveyors (1) A person must not engage a building surveyor in relation to a matter in respect of which another building surveyor has already exercised, refused to exercise or is taken to have refused to exercise any power under this Act unless the matter was referred by that other building surveyor.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A building surveyor may refer a matter to another building surveyor to be dealt with by that other building surveyor if the other building surveyor agrees. 54Change of building surveyor (1) A person who engaged a building surveyor must not remove that building surveyor from that engagement without the consent of the Director before the building surveyor has exercised all the relevant powers under this Act.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) If a building surveyor resigns from an engagement, dies or becomes incapable for any reason of exercising the powers for which he or she was engaged, the owner, with the consent of the Director, may engage another building surveyor. PART 6Building and plumbing standardsDivision 1Building standards55Compliance with Building Code (1) Building work and the use and maintenance of buildings are to comply with the Building Code of Australia and this Act. (2) An environmental health officer, in accordance with the Building Regulations, may determine that any provision of the Building Code of Australia in relation to food premises be altered. (3) A building surveyor, in accordance with the Building Regulations, may determine that any provision of the Building Code of Australia in relation to farm buildings or historic buildings be altered. 56Evidence of compliance for building products and systemsA building product or building system for which a certificate of conformity is issued is evidence that the building product or building system conforms with the Building Code of Australia. Division 2Plumbing standards57Standards of plumbing workPlumbing work is to comply with the Tasmanian Plumbing Code and this Act. 58Tasmanian Plumbing CodeThe Minister may issue a code to provide for requirements in respect of – (a) plumbing work, plumbing installations and plumbing products; and (b) the testing of plumbing products and plumbing systems. 59Authorisation and accreditation (1) The Minister may authorise a plumbing product for the purpose of this Act subject to any condition the Minister determines. (2) The Minister may accredit the use of a plumbing system for the purpose of this Act subject to any condition the Minister determines. PART 7Building and plumbing permitsDivision 1Requirement for building permit60Building permit required (1) A person must not carry out any building work unless a building permit is in force that allows the carrying out of that work.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) Subsection (1) does not apply if the building work – (a) is exempted under the Building Regulations from the requirement of a building permit; or (b) in the opinion of a building surveyor, consists of minor alterations or minor repairs. (3) The building surveyor is to notify the permit authority if any building work consists of minor alterations or minor repairs. 61Building work without permitIf building work in relation to a building or part of a building is carried out without a building permit, a general manager is to take the appropriate action under Part 11 . Division 2Certificates of likely compliance62Certificate of likely compliance required (1) An owner or agent of the owner, before applying for a building permit, is to obtain a certificate of likely compliance from a building surveyor. (2) An application for a certificate of likely compliance is to be accompanied by any document or certificate required by the building surveyor. 63Required report from reporting authority (1) A building surveyor is not to grant an application for a certificate of likely compliance for building work in respect of which a report is required in accordance with the Building Regulations until the report is supplied to the building surveyor. (2) A building surveyor is taken to have been supplied with a required report if the reporting authority fails to supply it within the period specified. (3) A reporting authority is taken to have supplied a report if the report is not supplied within the specified period. (4) A building surveyor is not required to implement anything contained in a required report. (5) If a building surveyor does not implement anything contained in the required report, the building surveyor is to – (a) notify the reporting authority; and (b) provide the reporting authority with – (i) a copy of the certificate of likely compliance; and (ii) the reasons for not implementing anything contained in the report. 64Referral of documents to function control authority (1) If a person makes an application for a certificate of likely compliance to build a special-use building, the building surveyor is to forward copies of the following documents to the relevant function control authority for its information within the specified period: (a) any document submitted with the application that the building surveyor considers relevant; (b) a referral in an approved form. (2) If the function control authority considers that an alteration is to be made to building work in order to comply with its requirements under any other Act, the function control authority is to notify the building surveyor of that alteration within the specified period. 65Special-use buildingsA building surveyor may grant an application for a certificate of likely compliance for building work to a special-use building that does not comply with this Act if – (a) a function control authority, in exercising a power under any Act, requires that building work to be carried out; or (b) the function control authority agrees to the building work. 66Consideration of application for certificate of likely complianceIn considering an application for a certificate of likely compliance, a building surveyor is to take into account the following matters: (a) any required reports from a reporting authority; (b) any certificate provided with the application; (c) in relation to a special-use building, any notification given by a function control authority; (d) any building work required to upgrade an existing special-use building by a function control authority; (e) any standards relating to a food premises required to be altered by an environmental health officer; (f) any need for standard requirements to be altered for a historic or farm building; (g) any relevant requirements of any permit or consent in force under any other Act. 67Granting certificate of likely compliance (1) A building surveyor is to grant an application for a certificate of likely compliance within the specified period if – (a) the application is in accordance with section 62 ; and (b) satisfied that the building work to which it applies is likely to comply with this Act. (2) A certificate of likely compliance may be subject to – (a) any relevant and reasonable condition; and (b) any condition specified in a document or certificate referred to in section 62 . (3) A building surveyor is not to make any condition that imposes a lesser or greater standard or requirement than that specified in this Act. (4) If a building surveyor grants the application, he or she is to issue a certificate of likely compliance in the approved form. 68Refusing certificate of likely compliance (1) A building surveyor is to refuse an application for a certificate of likely compliance if the building work is not likely to comply with this Act. (2) A building surveyor is not to refuse an application for a certificate of likely compliance on the grounds that any building product or building system is unsatisfactory if a certificate of conformity is in force in respect of that building product or building system. (3) A building surveyor, by notice in writing, is to notify an applicant of – (a) the refusal to grant the application for a certificate of likely compliance; and (b) the reasons for the refusal; and (c) the right of an appeal under this Act. (4) The building surveyor is to provide a copy of the notice of refusal to the permit authority. Division 3Applications for building permits69Application for building permit (1) An owner, or an agent of an owner, of a building or land may apply to a permit authority for a building permit – (a) for building work in respect of that building or land; and (b) for a stage of the building work. (2) A person acting as an agent of an owner must not make an application under subsection (1) on behalf of the owner unless authorised to do so in writing by the owner.Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. (3) A permit authority is not required to inquire whether a person is authorised to make an application under subsection (1) . 70Form of application for building permit (1) An application for a building permit is to be – (a) in an approved form; and (b) accompanied by any specified documents; and (c) accompanied by a certificate of likely compliance; and (d) accompanied by any fees required by the permit authority. (2) A permit authority may require the applicant, within a specified period, to – (a) provide the specified documents and certificate of likely compliance; or (b) amend the application. (3) If an applicant fails to comply with a requirement under subsection (2) , the permit authority may treat the application as having lapsed. 71Consideration of application for building permitIn considering an application for a building permit, a permit authority is to take into account the following matters: (a) the stability of the site; (b) the provision of water to the site; (c) the means of road access to the site; (d) any relevant requirements of any permit or consent in force under any other Act; (e) any relevant provisions of this Act or the Building Regulations. 72Granting building permit (1) A permit authority is to grant an application for a building permit within the specified period if – (a) the application is in accordance with section 70 ; and (b) satisfied as to the matters referred to in section 71 . (2) A building permit is subject to – (a) any relevant and reasonable condition; and (b) any condition specified in a document or certificate referred to in section 70(1) . (3) If a permit authority grants the application, it is to – (a) issue a building permit to the applicant in the approved form; and (b) provide a copy of the building permit to the building surveyor. 73Refusing building permit (1) A permit authority is to refuse an application for a building permit in respect of any building work if – (a) it is not in accordance with section 70 ; or (b) it is not satisfied as to the matters referred to in section 71 . (2) A permit authority, by notice in writing within the specified period, is to notify an applicant of – (a) the refusal to grant the application for a building permit; and (b) the reasons for the refusal; and (c) the right of an appeal under this Act. 74Conditions of building permit binding (1) An owner must comply with any condition of a building permit.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A person’s successors in title are bound by any conditions relating to a building permit. Division 4Requirement for plumbing permit75Plumbing permit required (1) A person must not carry out any plumbing work unless a plumbing permit is in force that allows the carrying out of that work.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) Subsection (1) does not apply if the plumbing work is exempted under the Plumbing Regulations from the requirements of a plumbing permit. 76Plumbing work without permitIf plumbing work is carried out without a plumbing permit, a general manager is to take the appropriate action under Part 11 . 77Special plumbing permitA plumber must not carry out any of the following plumbing work, or cause or permit any of the following plumbing work under his or her control to be carried out, without a special plumbing permit: (a) the installation of a fixture or appliance that – (i) discharges waste into a sewerage system; and (ii) is located on a floor of a building or structure wholly or partly below ground level; (b) the installation of a sanitary or food waste disposal unit; (c) the installation of drainage from a polluted area or a swimming pool; (d) the installation of an inlet for a sewerage installation at a level that is lower than 150 millimetres above the declared flood level for the land on which the sewerage installation is located; (e) the installation of an on-site waste water management system; (f) the installation of a testable backflow prevention device; (g) the connection of an unregistrable relocatable building to a water supply or sewerage system; (h) the installation of trade waste drainage; (i) the discharge of trade waste into a sewerage system; (j) plumbing work involving the retention of an existing plumbing product or material that does not comply with the Plumbing Regulations. Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. Division 5Applications for plumbing permits78Application for plumbing permit (1) An owner, or an agent of an owner, of a building or land may apply to a permit authority for a plumbing permit – (a) in respect of that building or land; and (b) for a stage of plumbing work. (2) A person acting as an agent of an owner must not make an application under subsection (1) on behalf of the owner unless authorised to do so in writing by the owner.Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. (3) A permit authority is not required to inquire whether a person is authorised to make an application under subsection (1) . 79Application for special plumbing permit (1) An owner, or an agent of an owner, of a building or land may apply to a permit authority for a special plumbing permit. (2) A person acting as an agent of an owner must not make an application under subsection (1) on behalf of the owner unless authorised to do so by the owner.Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. (3) A permit authority is not required to inquire whether a person is authorised to make an application under subsection (1) . 80Form of application for plumbing permit (1) An application for a plumbing permit or special plumbing permit is to be – (a) in an approved form; and (b) accompanied by any specified documents; and (c) accompanied by any fee required by a permit authority. (2) A permit authority may require the applicant, within the specified period, to – (a) provide the specified documents; or (b) amend the application. (3) If an applicant fails to comply with a requirement under subsection (2) , a permit authority may treat the application as having lapsed. 81Consideration of application for plumbing permitIn considering an application for a plumbing permit or special plumbing permit, a permit authority is to take into account any relevant provision of this Act and the Plumbing Regulations. 82Granting plumbing permit (1) A permit authority is to grant an application for a plumbing permit or special plumbing permit within the specified period if – (a) the application is in accordance with section 80 ; and (b) satisfied that the relevant provisions of the Plumbing Regulations are complied with. (2) A plumbing permit or special plumbing permit is subject to – (a) any relevant and reasonable condition; and (b) any condition specified in a document referred to in section 80(1)(b) . (3) If a permit authority grants the application, it is to issue a plumbing permit or special plumbing permit to the applicant in the approved form. 83Refusing plumbing permit (1) A permit authority is to refuse an application for a plumbing permit or special plumbing permit in respect of any plumbing work if the work is not likely to comply with the Act. (2) A permit authority, by notice in writing within the specified period, is to notify an applicant of – (a) the refusal to grant the application for a plumbing permit or special plumbing permit; and (b) the reasons for the refusal; and (c) the right of an appeal under this Act. 84Conditions of plumbing permit binding (1) An owner must comply with any condition of a plumbing permit or special plumbing permit.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A person’s successors in title are bound by any conditions relating to a plumbing permit or special plumbing permit. (3) A special plumbing permit is cancelled if a person or his or her successor in title fails to comply with any condition. PART 8Building work, plumbing work, inspection, occupation and completionDivision 1Carrying out work and authorisation85Carrying out building work (1) Subject to subsection (2) , a person must carry out any building work in accordance with this Act and the building permit.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A person may carry out building work that varies from the certificate of likely compliance – (a) if the building work is likely to affect any matter referred to in section 71 , with the consent of the building surveyor and the permit authority; or (b) in any other case, with the consent of the building surveyor. 86Carrying out plumbing work (1) Subject to subsection (2) , a person must carry out any plumbing work in accordance with this Act, the plumbing permit and the special plumbing permit.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A person may carry out plumbing work that varies from the plumbing permit or special plumbing permit with the consent of the permit authority. 87Starting building or plumbing work (1) Any building work or plumbing work is to be started within the specified period. (2) If building work or plumbing work is not started within the specified period, the building permit or plumbing permit in respect of that work lapses. (3) A person must not start – (a) any plumbing work, or cause or permit any plumbing work under his or her control, to be started without an authorisation to start work under the Plumbing Regulations; or (b) any building work, or cause or permit any building work under his or her control, to be started before notifying the building surveyor in accordance with the Building Regulations. Penalty: In the case of –
(a) a natural person, a fine not exceeding 50 penalty units; or (b) a body corporate, a fine not exceeding 250 penalty units. (4) On receipt of notification under subsection (3) from an owner builder, the building surveyor is to notify the Director in accordance with the Building Regulations. (5) Subsection (3) does not apply if – (a) the plumbing work is required in an emergency situation; and (b) the plumber obtains the authorisation on or before the first working day following the day on which the plumbing work is started. Division 2Inspections88Notification during building or plumbing work (1) A builder carrying out building work for which a building permit has been issued must – (a) notify the building surveyor within the specified period before completion of each mandatory notification stage of that work; and (b) stop carrying out that work or any part of that work on completion of a mandatory notification stage until permitted to proceed under the Building Regulations. Penalty: In the case of –
(a) a natural person, a fine not exceeding 50 penalty units; or (b) a body corporate, a fine not exceeding 250 penalty units. (2) A plumber carrying out plumbing work for which a plumbing permit is issued must – (a) notify the permit authority within the specified period before completion of each mandatory notification stage of that work; and (b) stop carrying out that work or any part of that work on completion of a mandatory notification stage until permitted to proceed under the Plumbing Regulations. Penalty: In the case of –
(a) a natural person, a fine not exceeding 50 penalty units; or (b) a body corporate, a fine not exceeding 250 penalty units. 89Inspections (1) On being notified that a mandatory notification stage in respect of any building work is to be completed, the building surveyor may inspect or cause to be inspected the building work within the specified period. (2) A building surveyor may inspect or cause building work for which a building permit has been issued to be inspected at any time, whether or not a mandatory notification stage has been completed. (3) On being notified that a mandatory notification stage in respect of any plumbing work is to be completed, the permit authority may, within the specified period, inspect or cause to be inspected the plumbing work. (4) A permit authority may inspect or cause plumbing work for which a plumbing permit has been issued to be inspected at any time, whether or not a mandatory notification stage has been completed. 90Powers in relation to inspections (1) A building surveyor, in accordance with the Building Regulations, may cause any building work to be demolished, opened, cut into or tested if it is reasonably required to facilitate an inspection under this Act. (2) A permit authority, in accordance with the Plumbing Regulations, may cause any plumbing work to be demolished, opened, cut into or tested if it is reasonably required to facilitate an inspection under this Act. 91Directions relating to building and plumbing work (1) After inspecting the building work, a building surveyor may direct the builder to carry out the building work so that it complies with the building permit issued in respect of the building work. (2) After inspecting the plumbing work, a permit authority may direct the plumber to carry out the plumbing work so that it complies with the plumbing permit issued in respect of the plumbing work. (3) A direction may be given orally or in writing. (4) A person who gives an oral direction is to confirm it in writing within the specified period to the person to whom it was given. (5) If a person fails to comply with a direction under subsection (1) , the building surveyor may – (a) serve a building notice under Division 2 of Part 11 ; and (b) take any other appropriate action under this Act. (6) If a person fails to comply with a direction under subsection (2) , the permit authority may – (a) serve a plumbing notice under Division 2 of Part 11 ; and (b) take any appropriate action under this Act. 92Certificate of final inspection (1) A building surveyor is to issue a certificate in an approved form on completion of the final inspection following the final mandatory notification stage of the building work if satisfied that – (a) the building work is completed; and (b) all directions given under this Act in respect of the building work have been complied with; and (c) the building work is substantially in compliance with this Act. (2) A building surveyor is to – (a) issue the certificate of final inspection to the owner or an agent of the owner; and (b) provide a copy of it to the permit authority and the builder. Division 3Occupancy permits93Occupancy permit required (1) A person must not occupy a building in respect of which building work is being or has been carried out unless – (a) an occupancy permit is in force in respect of that building; or (b) the Building Regulations provide that an occupancy permit is not required for that building. Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) If building work is carried out to refurbish a building, an owner must obtain a new occupancy permit on completion of the refurbishment even though the building was occupied during refurbishment.Penalty: Fine not exceeding 50 penalty units.
(3) If the use of a building changes, a person must not occupy the building unless a new occupancy permit is in force before the commencement of the new use.Penalty: Fine not exceeding 50 penalty units.
94Application for occupancy permit (1) An owner, or an agent of the owner, of a building may apply to – (a) the building surveyor who granted a certificate of likely compliance for a permit to occupy that building or part of that building; or (b) another building surveyor engaged under section 54 . (2) An owner, or an agent of the owner, of a building for which a change of use is proposed and in respect of which building work is not being carried out may apply to a building surveyor for a new occupancy permit. (3) A person acting as an agent of an owner must not make an application under subsection (1) unless authorised to do so in writing by the owner.Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. (4) The building surveyor is not required to inquire whether a person is authorised to make an application under subsection (1) . 95Form of application for occupancy permit (1) An application for an occupancy permit is to be – (a) in an approved form; and (b) accompanied by any documents and information the building surveyor requires. (2) The building surveyor may require an applicant, within the specified period – (a) to provide additional information and documents; and (b) to amend the application. (3) If an applicant fails to comply with a requirement under subsection (2) , the building surveyor may treat the application as having lapsed. 96Required report from reporting authority (1) The building surveyor is not to grant an application for an occupancy permit in respect of which a report is required in accordance with the Building Regulations until the report is supplied to the building surveyor. (2) The building surveyor is taken to have been supplied with a required report if the reporting authority fails to supply it within a specified period. (3) A reporting authority is taken to have supplied a report if the report is not supplied within the specified period. 97Consideration of application for occupancy permitIn considering an application for an occupancy permit, the building surveyor is to take into account a required report. 98Granting occupancy permit (1) The building surveyor is to grant an application for an occupancy permit within the specified period if – (a) the application is in accordance with section 95 ; and (b) the building surveyor is satisfied that the building or part of the building is suitable for occupation. (2) An occupancy permit is subject to any relevant and reasonable condition that does not impose a lesser or greater standard or requirement than that required by this Act. (3) The building surveyor is not required to implement anything contained in a required report. (4) If the building surveyor does not implement anything contained in that report, the building surveyor is to – (a) notify the reporting authority; and (b) provide the reporting authority with – (i) a copy of the occupancy permit; and (ii) the reasons for not implementing anything contained in the report. 99Refusing application for occupancy permit (1) The building surveyor is to refuse an application for an occupancy permit in respect of a building if – (a) it is not in accordance with section 95 ; and (b) satisfied that the building is not suitable for occupation. (2) The building surveyor, by notice in writing within the specified period, is to notify an applicant of – (a) the refusal to grant the application; and (b) the reasons for that refusal; and (c) the right of an appeal under this Act. 100Issue of occupancy permits (1) If the building surveyor grants an application for an occupancy permit, the building surveyor is to issue an occupancy permit to the applicant. (2) An occupancy permit is to – (a) be in an approved form; and (b) state the use or uses to which the building may be put; and (c) state the conditions of the permit. (3) The building surveyor is to provide a copy of the occupancy permit to the builder. (4) An owner, in accordance with the Building Regulations, must display an occupancy permit in respect of a building in a prominent place in the building.Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. 101Conditions of occupancy permit binding (1) A person and his or her successors in title are bound by any conditions relating to an occupancy permit. (2) An occupancy permit is cancelled if – (a) a person uses the building for a use – (i) other than that stated in the occupancy permit; or (ii) to which the building may not be put; and (b) a person or his or her successor in title fails to comply with any condition of the occupancy permit. 102Notification to permit authorityA building surveyor who issues an occupancy permit must – (a) notify the permit authority in writing within the specified period; and (b) provide it with a copy of the permit. Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. 103Occupation in contravention of occupancy permitA person must not occupy a building in contravention of the occupancy permit in respect of that building.Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units and a further fine not exceeding 2 penalty units for each day during which the offence continues; or (b) a body corporate, a fine not exceeding 500 penalty units and a further fine not exceeding 10 penalty units for each day during which the offence continues. 104Period of occupancy permitAn occupancy permit in respect of a building remains in force until – (a) another occupancy permit in respect of the building is issued; or (b) it is cancelled. Division 4Temporary occupancy permit105Temporary occupancyA person must not occupy an existing building or a temporary structure in respect of which an occupancy permit is not, or is not likely to be, issued unless – (a) a temporary occupancy permit is in force in respect of that building or temporary structure; or (b) the Building Regulations provide that a temporary occupancy permit is not required for that building or temporary structure. Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. 106Application for temporary occupancy permit (1) An owner, or an agent of the owner, of an existing building or temporary structure may apply to the general manager for a temporary occupancy permit to occupy the building or temporary structure. (2) A person acting as an agent of an owner must not make an application under subsection (1) on behalf of the owner unless authorised to do so in writing by the owner.Penalty: In the case of –
(a) a natural person, a fine not exceeding 10 penalty units; or (b) a body corporate, a fine not exceeding 50 penalty units. (3) The general manager is not required to inquire whether a person is authorised to make an application under subsection (1) . 107Form of application for temporary occupancy permitAn application for a temporary occupancy permit is to be – (a) in an approved form; and (b) accompanied by any documents and information the general manager requires. 108Granting temporary occupancy permit (1) A general manager may grant an application for a temporary occupancy permit if satisfied that the building or temporary structure is suitable for occupation. (2) If a general manager grants the application, he or she is to issue an occupancy permit to the applicant in the approved form. (3) A permit is subject to any reasonable and relevant conditions. 109Cancellation of temporary occupancy permitA general manager may cancel a temporary occupancy permit if – (a) the building or temporary structure is unsafe or unhealthy; or (b) any condition of the permit is not complied with. 110Refusing application for temporary occupancy permit (1) A general manager must refuse an application for a temporary occupancy permit if satisfied that the building or temporary structure is not suitable for temporary occupation.