Building Act 2004 (ACT)

Building Act 2004   

A2004-11

Republication No 53

Effective:  16 November 2025

Republication date: 16 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Building Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. 

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 includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

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 the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Building Act 2004

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 3

Part 2      Important concepts

6            Meaning of building work  4

7           Meaning of building  4

7A          Meaning of site work  7

8            Meaning of structure  8

9            Meaning of specialist building work  8

10          Meaning of basic building work  8

10B         Meaning of disturbs friable asbestos  10

11          Act does not affect other ACT laws  10

12          Exempt buildings  10

Part 2A    Exemption assessments

13          Purpose of exemption assessment B notices  11

14          Exemption assessment applications  11

14A         Exemption assessment not required for building approval                   12

14B         Exemption assessments and notices  12

14C         Exemption assessment applications—request for further information     14

14D         Exemption assessment applications—contents of request for further information       15

14E         Exemption assessment applications—effect of failure to provide further information     16

Part 3      Building work

Division 3.2              Certifiers and government certifiers

17          Definitions for div 3.2  18

17A         Certifier—functions  18

18          Eligibility for appointment—certifiers and government certifiers            20

19          Appointment of certifiers—work not begun  20

19A         Appointment of certifiers—work begun  21

19B         Automatic suspension  21

19C         Ending suspensions  21

19D         Ending appointments  22

19E         Appointment of certifier after appointment ends under s 19D (1) (e)       23

20          Appointment of government certifiers  24

21          Power to require building documents  25

22          Protection of government certifiers from liability  26

23          Entitlement to act as certifier  26

24          Notice of certifier’s appointment or end of appointment  27

25          Prohibition against contracting out of pt 3  27

Division 3.3              Building approvals

25A         Overview—div 3.3  27

25AA        Meaning of site work notice—div 3.3  28

25B         Why are building approvals necessary?  29

25C         Building approvals apply to building work  29

26          Building approval applications  31

26A         Applications for building approval—certifier may require further information 32

26B         Contents of request for further information  34

26C         Applications for building approval—effect of failure to provide further information       35

27          Certifier not to consider certain applications  36

27A         Notice if building approval not issued  37

28          Issue of building approvals  37

28A         Marking building approval  39

29          Approval requirements  41

30          When building approvals not to be issued—general  45

30A         When building approvals not to be issued—advice on referral              46

31          Application for approval of amended plans  47

32          Amendment of approved plans  48

32A         Application for approved plans amendment—certifier may require further information   48

32B         Contents of request for further information  50

32C         Approved plans amendment—effect of failure to provide further information 50

33          Marking approval of amendment  51

34          Effect of issue of further building approval  52

35          Land to be used in accordance with lease and development approval    52

36          Period for which approvals operate  52

36A         Requirement to give advice in relation to proposed building work          53

Division 3.4              Building commencement notices and building work signs

37          Building commencement notice issue  56

37A         Sign to be displayed for certain building work  58

37B         Sign to be displayed for building work in prescribed development         59

38          Automatic end of building commencement notices  60

39          Application for cancellation of building commencement notice             60

40          Decision on building commencement notice application  61

41          Multiple or part building commencement notice  61

Division 3.5              Carrying out building work

42          Requirements for carrying out building work  62

42A         Contravention of requirements for building work involving asbestos       63

43          Stages of building work  65

44          Stage inspections  67

45          Records of tests  70

46          Safety precaution directions  70

Division 3.6              Completion of building work

47          Certifier may request engineer’s certificate  72

48          Completion of building work  73

Division 3.7              Offences

49          Complying with building code  77

50          Notification by certifier of contraventions of building and development approvals—building work  79

50A         Notification by certifier of possible noncompliant site work                  81

50B         Site work without adequate development approval—people                82

50C         Site work without adequate development approval—partners              85

51          Carrying out building work in contravention of s 42  87

Part 4      Stop and other notices and demolition orders

52          Definitions—pt 4  89

53          Stop notices  89

53A         Stop notices—display of sign  92

54          Building work allowed under stop notice  93

55          Application by land owner for cancellation of stop notice  93

56          Application other than by land owner for cancellation of stop notice       94

57          Decision on application by other than land owner  95

58          Further notices relating to stop notices  96

59          Service of stop notices and further notices  97

59A         Stop notices register  97

61          Preconditions for s 62 notice  99

62          Notice to carry out building work  101

63          Payment of fees otherwise payable  102

63A         Demolition orders—affected residential premises and eligible impacted property       102

63B         When demolition orders not to be issued—advice on referral             105

63C         Requirement to give advice in relation to proposed demolition            106

63D         Demolition orders—application of pt 3  108

63E         Completion of demolition work—affected residential premises and eligible impacted property   109

64          Compliance with notices under pt 4  109

Part 5      Building occupancy

Division 5.1              Certificates of occupancy and other certificates

66          Meaning of prescribed requirements—div 5.1  111

66A         Prescribed requirements and contraventions of s 43—div 5.1            111

67          Registrar may have regard to documents given  112

68          Effect of certificates under div 5.1  112

69          Certificates of occupancy  112

70          Cancellation of part certificate of occupancy  115

70A         Completion of building work involving demolition  115

71          Certificate for building work involving demolition  115

72          Certificate for building work involving erection of structure                116

73          Certificates of occupancy and use for owner-builders  116

74          Government buildings—application for fitness certificate                   116

75          Decision on s 74 application  118

76          Occupation and use of buildings  119

77          Use of buildings restricted  120

78          Occupation and use of ex-government buildings  121

79          Action by registrar on unauthorised use of building etc  122

80          Copies of certificates of occupancy and regularisation  123

81          Safe live load plates  123

82          Exceeding safe live load  124

Part 5A    Regulated swimming pools

Division 5A.1            Preliminary

83          Definitions—pt 5A  125

83A         Meaning of safety standards—pt 5A  127

83B         Meaning of regulated swimming pool  127

Division 5A.2            Compliance with safety standards

Subdivision 5A.2.1    Exemptions

83C         Standing exemption  129

83D         Ministerial exemption  129

83E         Variation of Ministerial exemption  131

83F         Revocation of exemption  132

83G         Minister may make guidelines  133

83H         Guidance about obligations on owners  133

83I         Failure to comply with exemption certificate conditions  133

83J         Failure to notify change of exemption circumstances  134

Subdivision 5A.2.2    Compliance certificates

83K         Compliance certificates  134

83L         Period for which compliance certificate in force  136

83M         Failure to lodge compliance certificate etc for regulated swimming pool  137

Division 5A.3            Swimming pool safety

83N         Failure to maintain swimming pool safety barrier  138

83O         Failure to close swimming pool safety barrier  138

Division 5A.4            Administration

83P         Authorised person  139

83Q         Identity cards  140

83R         Person pretending to be authorised person  141

Division 5A.5            Miscellaneous

83S         Criminal liability of executive members of owners corporation            142

Part 6      Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates

Division 6.1              Interpretation—pt 6

84          Definitions—pt 6  143

85          Meaning of completion day for pt 6  146

86          Cost of building work for pt 6  146

Division 6.2              Statutory warranties

87          Residential building work to which pt 6 does not apply  147

87A         Residential building work to which div 6.2 does not apply                  147

88          Statutory warranties  147

89          Builder’s liability  149

Division 6.2A            Standard conditions

89A         Residential building work contract to which div 6.2A does not apply      149

89B         Meaning of residential building work contract—div 6.2A  149

89C         Standard conditions for residential building work contract                 150

89D         Required documents for residential building work contract                150

89E         Prohibited conditions for residential building work contract                151

Division 6.3              Residential building insurance

90          Complying residential building work insurance  151

91          Provisions of residential building insurance policies  154

92          Builder’s misrepresentation etc does not prevent liability                   154

93          Claims if builder insolvent and work unfinished  155

94          Recovery from builder  156

95          Duties of insurers  157

Division 6.4              Approved fidelity fund schemes

96          Approval of fidelity fund scheme—application  158

97          Approval of fidelity fund scheme—request for more information          158

98          Approval of fidelity fund scheme—decision on application                 158

99          Approval criteria for schemes  159

100         Approved scheme—conditions  160

101         Approved scheme—application to change  160

102         Approved scheme—decision on application to change  161

103         Prudential standards  161

104         Compliance with prudential standards by trustees  163

105         Notice to trustees to comply with prudential standards  163

106         Notice to trustees requiring information  164

107         Suspension or cancellation of approval of approved scheme              165

108         Cancellation of approval on application  166

109         Orders consequential on etc suspension or cancellation                   167

110         Address for service for trustees  167

Division 6.5              Auditors and actuaries of approved schemes

111         Appointment of auditor and actuary for approved scheme                 167

112         Approval of appointment of auditor or actuary  168

113         Revocation of approval of appointment of auditor or actuary              169

114         When person stops holding appointment as auditor or actuary           169

115         Notification of appointment or ending of appointment of auditor or actuary 170

116         Compliance with prudential standards by auditors and actuaries         170

117         Auditor and actuary to tell Minister if scheme insolvent etc                170

118         Giving of information to Minister by auditor or actuary etc                 171

119         Auditor’s role  171

120         Actuary’s role  172

121         Certificates and reports required to be given to Minister  172

122         Special actuary to investigate liabilities  173

123         Objection to special actuary by Minister  174

124         Special actuary’s report  174

125         Who can be appointed as special actuary  175

126         Obligations of trustees to auditors and actuaries  176

127         Protection of auditor and actuary from liability  176

Division 6.6              Consumer representative

127AA      Consumer representative—appointment  176

127AB      Consumer representative—terms of reference  177

127AC      Consumer representative—ending appointment  177

Part 6A    Residential building disputes

Division 6A.1            Objects and important concepts

127A        Definitions—pt 6A  179

127B        Meaning of residential building dispute—pt 6A  180

127C        Meaning of residential building matter—pt 6A  180

127D        Residential building dispute resolution process—purpose                 181

127E        Prescription of dispute resolution processes  181

Division 6A.2            Residential building dispute administrator

127F         Residential building dispute administrator—appointment                   182

127G        Dispute resolution officers  183

127H        Technical building assessors  183

127I         Consultants and contractors  184

127J         Other arrangements for staff and facilities  184

127K        Delegation by administrator  184

127L         Protection from liability  184

Division 6A.3            Dispute resolution process

127M        Referral of dispute  185

127N        Lodgment of dispute  185

127O        Administrator may dismiss lodgment in certain circumstances            186

127P        Administrator may refer dispute in certain circumstances                  187

127Q        Commencing dispute resolution  187

127R        Information required for dispute resolution  188

127S        Record of resolution  189

127T         Dispute resolution—confidentiality  189

Division 6A.4            Dispute resolution trust account

127U        Dispute resolution trust establishment  190

127V        Interest on amounts in trust account  190

Part 7      Administration

Division 7.1              Building inspectors

128         Appointment of building inspectors  191

129         Identity cards  192

Division 7.2              Inspection of building work and authority for required work

130         Inspection of approved building work  192

131         Inspection of building work where no approval  193

132         Costs of inspection  194

133         Power to authorise required work  195

Division 7.2A            Non-compliant buildings and building work

133A        Powers in relation to non-compliant buildings  195

Division 7.3              Entry and seizure

134         Building inspectors—entry to premises  197

134A        Building inspectors—powers on entry  198

134B        Building inspectors—power to seize things  199

134C        Building inspectors—receipt for things seized  200

134D        Access to things seized  200

134E        Return of things seized  201

Division 7.4              Search warrants

134F         Warrants generally  201

134G        Warrants—application made other than in person  202

134H        Search warrants—announcement before entry  204

134I         Details of search warrant to be given to occupier etc  205

134J         Occupier entitled to be present during search etc  205

134K        Moving things to another place for examination or processing            205

Part 8Building code, recognised standards etc

Division 8.1 Building code and recognised standards

136         Building code  207

136A        Regulation under s 136 (1), def building code and Legislation Act, s 47 208

139         Certified copies of building code  209

139A        Recognised standards  209

Division 8.2              Codes of practice and guidelines

139B        Approval of codes of practice  210

139BA      Approval of guidelines  210

Division 8.3              Energy efficiency certificates

139C        Energy efficiency certificates  211

139D        Conflict of interest—building assessors  211

Part 9      Limitation of liability

140         Meaning of building action for pt 9  213

141         Limit of liability of people jointly or severally liable  213

142         Limitation of liability for building actions  214

Part 9A    Notification and review of decisions

142A        Definitions—pt 9A  215

142B        Reviewable decision notices  215

142C        Applications for review  215

Part 9B     Powers of ACAT

142D        Powers of ACAT—proposed buildings etc forming part of development  216

Part 10     Miscellaneous

143         Sustainability guidelines  217

144         Service of notices etc  217

145         Giving copies of documents  218

147         Recovery of costs of work carried out by inspector  218

148         Evidentiary certificates  219

149         Legal liability for acts of registrar etc  220

150         Determination of fees  220

151         Approved forms  220

151A        Applying, adopting or incorporating documents in regulations            221

152         Regulation-making power  221

Dictionary223

Endnotes

1            About the endnotes  233

2            Abbreviation key  233

3            Legislation history  234

4            Amendment history  242

5            Earlier republications  265

6            Expired transitional or validating provisions  269

Building Act 2004

An Act to regulate buildings and building work, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Building Act 2004.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘occupation class—see the Construction Occupations (Licensing) Act 2004, dictionary.’ means that the expression ‘occupation class’ is defined in that dictionary and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Important concepts

1. Meaning of building work

   (1)In this Act:

   building work means—

   (a)work in relation to the erection, alteration or demolition of a building, and includes disposal of waste materials generated—

   (i)by the alteration of a building other than a building excluded under the regulations; or

   (ii)by the demolition of a building (but not part of the building); or

   (b)work in relation to repairs of a structural nature to a building.

   NoteBuilding work, for pt 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) does not include work in relation to the demolition of a whole building (see s 84).

   (2)The regulations may—

   (a)exempt a kind of work from the definition of building work; or

   (b)include a kind of work in the definition of building work.

2. Meaning of building

   (1)In this Act:

   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)fixtures; and

   (e)part of a building, whether the building is completed or not.

   Example of part of building

   footings poured for a building that is being built

   (2)   However, building does not include—

   (a)a vehicle or craft that is not used or adapted for use as a class of building or structure classified under the building code; or

   (b)a transportable building, mobile home, caravan or similar that—

   (i)is not used for long-term habitation; and

   (ii)is readily transportable without being disassembled or removed from associated components including a footing, pier, stump, rigid annexe or an attached building or similar; or

   (c)if on the ground and not inside a building—paving, a driveway or a road; or

   (d)a surface-level carpark that is not inside a building; or

   (e)a ground treatment; or

   (f)vegetation; or

   (g)ground excavations or fillings; or

   (h)fittings, other than fittings included in a building—

   (i)to make the building comply with the building code; or

   (ii)that cause the building to not comply with the building code; or

   (i)fixtures that are not integral to the building, but are fixed to the building to prevent theft or for some other reason not related to the building; or

   (j)something exempted under the regulations.

   Examples—par (h)

   1An existing house was built when there was no requirement for the house to satisfy any energy efficiency requirements or thermal insulation requirements.  Bulk thermal insulation batts are included in an extension to the house to comply with the building code’s energy efficiency provisions which apply to the extension.  The opportunity is taken to include batts in the ceiling of the existing house.  The batts sit loosely on the ceiling and are not fixed to the building.

   The batts are part of the extension, because they are regulated under the building code for the extension.  However, they are not part of the existing house, because they are not fixtures, and are not regulated under the building code in relation to the existing house, unless they are needed in the existing house to make the extension comply with the building code.

   2Some light fittings in an office building are fitted with energy efficient lamps to comply with the energy efficiency provisions of the building code. The lamps are part of the building.  However, other lamps that are not relied on to comply with the building code are not part of the building unless another provision brings them within the definition of building for the Act.

   3An office building has cubicles that are not fixed to the building.  The cubicles have partition walls, are part of the fit-out for the building and are shown in the building approval.  Some cubicles are placed where they obstruct a fire evacuation path in a way that prevents compliance with the building code.  Those cubicles are part of the building.  The others are not unless another provision brings them within the definition of building for the Act.

   4A warehouse is being extended.  The warehouse stores furniture.  Some partitions for cubicles stored in the warehouse impede fire evacuation paths relied on for the extension to comply with the fire evacuation provisions of the building code.  The partitions cause the extension to not comply with the building code.  The partitions are stored goods and not fittings, so they are not part of the building unless another provision of the Act brings them within the definition of building for the Act.

   5An apartment building has a surface-level carpark, part of which is below the apartments and part of which is adjacent to the building with no building above, below or within it.  The part of the surface-level carpark below the apartments is part of the building or a separate building, depending on the building code.  The other part of the carpark is not part of the building unless another provision of the Act brings it within the definition of building for the Act.

   6A concrete floor slab for a home is being poured together with a floor slab for a garage and a surface-level driveway to the garage.  The floor slabs are parts of the building.  The surface-level driveway is not part of the building unless another provision of the Act brings it within the definition of building for the Act.

   (3)To remove any doubt, something is not excluded from the definition of building only because it is temporary or novel.

   Example

   a building used in connection with a fair, circus, carnival, celebration, market, show, concert, display, exhibition, competition, training event, recreational event or publicity event is not excluded on the basis of its temporary or novel nature

7AMeaning of site work

In this Act:

site work is development that is—

(a)building work; and

(b)work other than building work that—

(i)physically affects the place (the building site) where the building work is being carried out; and

(ii)if not carried out at the building site, is carried out near, and connected with, the building site.

Examples of site work

1     putting up temporary fencing to protect trees growing on a road verge

2     building a house

3     damaging or removing a significant tree

4     laying paving for driveways and parking areas

1. Meaning of structure

   (1)In this Act:

   structure includes—

   (a)a fence, retaining wall, swimming pool, ornamental pond, mast, antenna, aerial, advertising device, notice or sign; and

   (b)a thing prescribed under the regulations as a structure.

   (2)However, structure does not include something that is part of a machine or mechanical plant unless it is—

   (a)part of something classified as a building or structure by the building code; or

   (b)prescribed under the regulations for this section.

2. Meaning of specialist building work

   In this Act:

   specialist building work—

   (a)means—

   (i)the installation of a swimming pool; or

   (ii)the demolition of a building; and

   (b)includes building work prescribed under the regulations as specialist building work.

3. Meaning of basic building work

   (1)In this Act:

   basic building work—

   (a)means the following building work:

   (i)erecting a prefabricated class 10a building;

   (ii)erecting a class 10a outbuilding;

   (iii)installing fireplaces or solid-fuel heaters;

   (iv)non-structural work; but

   (b)does not include specialist building work.

   (2)In subsection (1):

   non-structural work—

   (a)means work on a part of a building that does not, or is not intended to, carry a structural load imposed or transmitted by another part of a building; and

   (b)includes work on non-load bearing walls, doors, partitioning, reticulated pipework, ventilation ductwork and building fit-out items; but

   (c)does not include the following work:

   (i)work that may affect the structural integrity of a structural element of a building, or weaken or remove, completely or partly, the structural element, if the element is installed in a way that it carries, or can carry, a load of part of a building;

   (ii)work that involves the use of a structural element to carry, or to possibly carry, a structural load of part of a building.

   Example for par (c) (i)

   work that affects the existing bracing beams on a multi-storey car park if the bracing beams are designed to bear wind load, even though most of the time they do not carry any load

   Examples for par (c) (ii)

   1   the installation of a new storey on a building

   2   underpinning a subsiding building

   (3)The regulations may—

   (a)exempt a kind of work from the definition of basic building work; or

   (b)include a kind of work in the definition of basic building work.

10BMeaning of disturbs friable asbestos

For this Act, work disturbs friable asbestos if the work increases, or may significantly increase, the risk of the dispersal of asbestos fibres into the air.

1. Act does not affect other ACT laws

   This Act does not affect the operation of any other law in force in the ACT relating to land use or to the provision of services for a building.

   Example of related laws not affected

   Electricity Safety Act 1971

   Scaffolding and Lifts Act 1912

   Utilities Act 2000

   Water and Sewerage Act 2000

2. Exempt buildings

   In this Act:

   exempt building means a building prescribed under the regulations.

   Note 1Exempt building is used to narrow the application of pt 3, pt 5 and pt 6.

   Note 2A regulation may also exempt a building from the application of this Act or a part of the Act (see s 152 (2)).

Part 2AExemption assessments

1. Purpose of exemption assessment B notices

   (1)An exemption assessment may relate to building work that is to be done or has been done.

   (2)An exemption assessment B notice in relation to building work that is to be done certifies that the work is, or is not, exempt from all or part of this Act.

   NoteIf an exemption assessment B notice certifies that building work is exempt from all or part of this Act, it must also state what provisions of this Act the building work is exempt from and why, and anything else prescribed by regulation (see s 14B (2)).

   (3)An exemption assessment B notice in relation to building work that has been done certifies that the work is, or is not, exempt from all or part of this Act based on whether the work was exempt at the time it was done, or is currently exempt.

2. Exemption assessment applications

   (1)The owner of a parcel of land may apply, in writing, to a building surveyor for an assessment (an exemption assessment) of whether building work to be carried out, or carried out, on the parcel of land is exempt from all or part of this Act.

   Note 1Building work may be exempt from all or part of this Act if the work is exempt from this Act, or part of this Act.  For exempt buildings and building works, see the Building (General) Regulation 2008, s 6, s 7 and sch 1.

   Note 2Applying for an exemption assessment is not a requirement of the building approval or development approval process (see s 14A and Planning Act 2023, s 150). If a person believes that building work is exempt, the person need not apply for an exemption assessment from a building surveyor.

   (2)The application must be accompanied by the number of copies of the plans relating to the development work prescribed by regulation.

   (3)The application must contain, or be accompanied by, any other details or material prescribed by regulation.

   (4)A regulation may prescribe—

   (a)information required to be shown in plans under subsection (2); and

   (b)requirements with which the plans must comply.

14AExemption assessment not required for building approval

(1)An exemption assessment is not a requirement of the building approval process.

(2)A building surveyor may issue an exemption assessment B notice to the owner of a parcel of land only if the owner has applied to the building surveyor for an exemption assessment.

(3)A building surveyor must not refuse to issue a building approval on the ground that the applicant for the approval has not applied for an exemption assessment B notice.

14BExemption assessments and notices

(1)This section applies if—

(a)the owner of a parcel of land applies to a building surveyor for an exemption assessment under section 14; and

(b)the building surveyor agrees to provide the exemption assessment.

(2)The building surveyor must—

(a)undertake the exemption assessment; and

(b)issue a notice (an exemption assessment B notice) stating—

(i)if any building work is exempt from all or part of this Act—

(A)the building work that is exempt; and

(B)the provisions of this Act that the building work is exempt from and why; and

NoteFor building work that is completed, see also s (4).

(ii)any building work that is not exempt from any part of this Act; and

(iii)anything else prescribed by regulation; and

NoteThe building surveyor may refuse to issue a notice if the building surveyor does not have enough information (see s 14E).

(c)give the exemption assessment B notice to the owner; and

(d)within 5 days after the day the building surveyor issues the notice—give a copy of the notice to the construction occupations registrar.

(3)A regulation may prescribe—

(a)any document that must be attached to the exemption assessment B notice; and

(b)information required to be shown in the document.

(4)If the building work that is the subject of the application has been completed and the building surveyor certifies that the building work is exempt because the building work was exempt when carried out, the exemption assessment B notice must also include the dates on which the building surveyor has based the assessment that the building work was exempt.

(5)If, after taking reasonable steps, the owner cannot find a building surveyor who will agree to provide an exemption assessment, the owner may apply to the construction occupations registrar to appoint a building surveyor to undertake the exemption assessment and issue an exemption assessment B notice to the owner.

14CExemption assessment applications—request for further information

(1)This section applies if—

(a)a building surveyor requires further information for an exemption assessment under section 14B; and

(b)the owner of the parcel of land and the building surveyor have not agreed that the building surveyor will obtain the further information; and

(c)the building surveyor believes on reasonable grounds that the further information will help the building surveyor to prepare the assessment.

(2)The building surveyor may, by written notice, ask the owner to give the building surveyor stated further information in relation to the application.

NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(3)This section does not entitle a building surveyor to require—

(a)photographs to be taken by someone other than the owner of the parcel of land; or

(b)photographs to be taken using equipment other than equipment of the owner’s choice; or

(c)further information if—

(i)the building surveyor has, or has reasonable access to, suitable information that allows the building surveyor to decide the application without personally inspecting the land where the building work is to be carried out; or

(ii)a territory law requires the building surveyor to personally obtain or be given the information.

Examples—suitable information building surveyor has or has reasonable access to

1     The website provides aerial photographs and topographical information including ground contours for some ACT areas.  If the land to which an application relates is covered by the website, the photographs and contours have sufficient information, and are accurate and recent enough, to decide the application in relation to tree and ground‑height related matters, the building surveyor may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights.

2     A building surveyor may verify land tenure and permit and statutory approval matters by contacting the statutory custodians of the information to a sufficient degree to decide the application in relation to those matters.  The building surveyor may not require further information in relation to those matters.

3     The land to which an application relates is covered by but, because the slope of the land to be built on is steeper than would be adequately shown on the website, the building surveyor does not have suitable information to allow the building surveyor to decide the application without personally inspecting the land.  Another website has some topographical information on the land, but it is not of sufficient resolution, or recent enough, to be relied on by the building surveyor in relation to ground heights to decide the application.  The building surveyor may require further information in relation to ground heights.

(4)For this section, a building surveyor that is a partnership inspects land personally if any partner inspects the land.

14DExemption assessment applications—contents of request for further information

(1)A request under section 14C must—

(a)state the period within which the further information asked for must be provided; and

(b)if the further information is not a document—state that the further information must be provided in writing; and

(c)state that the owner need not provide the further information, but if the owner fails to provide some or all of the information in accordance with the request, the building surveyor may refuse under section 14E to issue an exemption assessment B notice; and

(d)state that, despite the owner and building surveyor having previously not agreed that the building surveyor would obtain the further information, the owner and building surveyor may agree that the building surveyor will obtain the information.

(2)The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.

(3)The building surveyor may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.

14EExemption assessment applications—effect of failure to provide further information

(1)This section applies if—

(a)a building surveyor has asked for further information under section 14C in relation to an exemption assessment application; and

(b)the owner has not provided some or all of the information by—

(i)the end of the period stated in the request; or

(ii)if the building surveyor has extended the period within which the further information must be provided—the end of that period; and

(c)the owner and the building surveyor have not agreed that the building surveyor will obtain the further information.

(2)The building surveyor may refuse to issue an exemption assessment B notice under section 14B.

Part 3Building work

Division 3.2               Certifiers and government certifiers

NoteThis division applies to building work and other site work.

1. Definitions for div 3.2

   In this division:

   certifier does not include government certifier.

   eligible entity, for building work—see section 18.

   government certifier, for building work, means an entity that is appointed under section 20 (4) for the work.

17ACertifier—functions

A certifier appointed for building work or proposed building work has the following functions in relation to the work:

(a)receiving and deciding an application from a land owner for—

(i)building approvals for the work; and

(ii)amendments to building approvals for the work;

(b)for building work on buildings other than class 1, class 10a or class 10b buildings—stating in the relevant building approval the structural framework, the placement of formwork and the steel reinforcing for any reinforced concrete member that will require inspection before proceeding beyond that stage;

(c)receiving and deciding an application from a building licensee for a commencement notice for the work;

(d)inspecting building work at prescribed stages, and stages stated in a building approval, to determine compliance with this Act, including the following:

(i)requesting and verifying records of tests for the building work;

(ii)if building work does not comply with this Act—giving the building licensee notice of the noncompliance and directions on how to achieve compliance;

(iii)giving directions about safety precautions to the building licensee if required;

(iv)authorising building work to proceed beyond a stage if appropriate;

(v)providing advice to the construction occupations registrar about the completeness of building work and compliance with this Act;

(e)notifying the construction occupations registrar about contraventions or suspected contraventions of this Act;

(f)issuing stop notices if appropriate;

(g)giving building licensees directions about safety precautions;

(h)telling the territory planning authority if the certifier suspects there is non-compliant site work;

(i)maintaining documents, records and information in relation to building approvals, stage inspections, directions, notices and other matters as required under the following:

(i)this Act;

(ii)a code of practice under this Act;

(iii)a code of practice under the Construction Occupations (Licensing) Act 2004;

(j)any other function under this Act or prescribed by regulation.

Note 1Eligibility criteria for appointment of certifiers and suspension and ending appointments are set out in this division and the regulation.

Note 2Power to make a decision includes power to reverse or change the decision (see Legislation Act, s 180).

1. Eligibility for appointment—certifiers and government certifiers

   A licensed construction practitioner (an eligible entity) is eligible to be appointed certifier or government certifier for building work if the construction practitioner—

   (a)is entitled under the Construction Occupations (Licensing) Act 2004 to perform services as certifier for the work; and

   (b)is qualified under the regulations to be appointed for the work.

2. Appointment of certifiers—work not begun

   (1)The owner of land where it is proposed to carry out building work must appoint an eligible entity as certifier for the work.

   NoteAn appointment must be in writing (see Legislation Act, s 206).

   (2)This section does not apply to building work that is exempt from the following provisions:

   (a)division 3.2 (Certifiers and government certifiers);

   (b)division 3.3 (Building approvals);

   (c)division 3.4 (Building commencement notices and building work signs);

   (d)section 43 (Stages of building work).

19AAppointment of certifiers—work begun

(1)This section applies if—

(a)building work has begun on a parcel of land; and

(b)the building work has been carried out in accordance with this part; and

(c)the building work is not building work that is exempt from the following provisions:

(i)division 3.2 (Certifiers and government certifiers);

(ii)division 3.3 (Building approvals);

(iii)division 3.4 (Building commencement notices and building work signs);

(iv)section 43 (Stages of building work).

(2)The owner of land must appoint an eligible entity as certifier for the building work.

NoteAn appointment must be in writing (see Legislation Act, s 206).

19BAutomatic suspension

An entity’s appointment as certifier is suspended if the entity stops being an eligible entity.

19CEnding suspensions

(1)This section applies if an entity’s appointment as certifier is suspended.

(2)The entity’s suspension ends when—

(a)the entity becomes an eligible entity; or

(b)the entity’s appointment as a certifier ends.

19DEnding appointments

(1)An entity’s appointment as certifier for building work on land ends if—

(a)the owner of the land revokes the appointment by written notice given to the entity; or

(b)the entity resigns the appointment; or

(c)the entity’s appointment has been suspended for a single period of 3 months or longer; or

(d)each of the following apply:

(i)a certificate under part 5 (Building occupancy) is issued for the building work;

(ii)the certificate is not subject to a condition that requires building work to be done;

(iii)there is no part of the building work for which a certificate under part 5 has not been issued; or

(e)it has been 5 years since the certifier was last appointed as certifier for the building work.

(2)An entity may resign an appointment as certifier only—

(a)with the written approval of the construction occupations registrar; and

(b)by written notice given to the owner of the land.

(3)The construction occupations registrar may approve the resignation of the entity as certifier only if satisfied that—

(a)the entity can not exercise the entity’s functions as a certifier in relation to the building work because of mental or physical incapacity; or

(b)the entity has arranged for another certifier to take over the entity’s functions as a certifier in relation to the building work; or

(c)it is otherwise appropriate to approve the resignation.

(4)An appointment that ends under subsection (1) (c) ends—

(a)for a suspension for a single period of 3 months—on the day after the end of the 3-month period; or

(b)for a suspension for a single period of longer than 3 months—on the day after the end of the first 3 months of the period.

19EAppointment of certifier after appointment ends under s 19D (1) (e)

(1)This section applies if an eligible entity’s appointment as certifier for building work on land (the first appointment) ends under section 19D (1) (e).

(2)The owner of the land may appoint the entity as certifier for the building work (the second appointment).

NoteAn appointment must be in writing (see Legislation Act, s 206).

(3)If the certifier is an eligible entity during all of the relevant period, the second appointment is taken—

(a)to begin on the day after the day the first appointment ends; and

(b)to be a continuation of the first appointment, not a new appointment.

(4)However, for section 19D (1) (e), the second appointment is taken to be the last appointment if no appointment has been made after it.

(5)In this section:

relevant period means the period that—

(a)begins on the day after the day the first appointment ends; and

(b)ends on the day before the day the second appointment is made.

1. Appointment 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 licence is suspended for longer than 3 months; or

   (b)the certifier’s licence has been cancelled; or

   (c)the certifier has resigned the appointment under section 19D (Ending appointments); or

   (d)the certifier is dead; or

   (e)for a building certifier in the same occupation class as the certifier—the certifier is not covered by insurance required under the Construction Occupations (Licensing) Act 2004.

   (3)The owner of the land where the building work is being carried out (or proposed to be carried out) may apply to the construction occupations registrar for the appointment of a government certifier for the work.

   (4)The construction occupations registrar may appoint a government certifier for the building work if satisfied that the criteria prescribed under the regulations are satisfied.

   NoteAn appointment must be in writing (see Legislation Act, s 206).

   (5)The regulations may prescribe what must accompany the application.

   (6)In this section:

   licence means a building surveyor licence under the Construction Occupations (Licensing) Act 2004.

2. Power to require building documents

   (1)A government certifier appointed for building work may, by written notice, require the entity that was the certifier (or last certifier) for the building work to give the government certifier any building document the entity has in relation to the work within the period stated in the notice.

   (2)The period stated in the notice must not be less than 2 weeks after the day the notice is given.

   (3)A person commits an offence if the person contravenes a notice given to the person under subsection (1).

   Maximum penalty:  50 penalty units.

   (4)Each partner commits an offence if the partnership contravenes a notice given to the partnership under subsection (1).

   Maximum penalty:  50 penalty units.

   (5)It is a defence to a prosecution for an offence against subsection (4) if the partner proves—

   (a)that—

   (i)the partner did not know about the contravention of the subsection involved in the offence; and

   (ii)the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

   (b)that the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

   (6)An offence against subsection (3) or (4) is a strict liability offence.

   (7)In this section:

   building document means a document mentioned in section 48 (3) (Completion of building work).

3. Protection 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.

4. Entitlement to act as certifier

   (1)A licensed construction practitioner is not entitled to perform services as a certifier in relation to building work if the practitioner has an interest in the work.

   (2)For this section, a licensed construction practitioner has an interest in building work if the practitioner, or a person related to the practitioner—

   (a)has a legal or equitable interest in the land where the building work is, or is to be, carried out; or

   (b)has prepared, or intends to prepare, drawings intended to be used in relation to the construction of the building work; or

   (c)has carried out, or intends to carry out, any of the building work; or

   (d)has a financial interest in the construction or completion of the building work.

   (3)For this section, a person is related to a licensed construction practitioner if the person is—

   (a)a person with whom the practitioner has a personal, professional, commercial or financial relationship; or

   (b)an employer or employee of the practitioner; or

   (c)a company of which the practitioner is a director or in which the practitioner holds a share.

   (4)This section does not prevent a certifier from sketching a required design solution as part of a direction in a notice under section 44 (2) (a).

5. 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)after the issue, either—

   (i)an entity is appointed certifier for the work; or

   (ii)an entity’s appointment as certifier for the work ends under section 19D (1) (a) or (b).

   (2)Within 7 days after the day the entity is appointed or the appointment ends, the entity must give the construction occupations registrar written notice of the appointment or end.

6. Prohibition against contracting out of pt 3

   A provision in a contract or agreement is void if it 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.

Division 3.3               Building approvals

25AOverview—div 3.3

(1)This division deals with building approvals for building work carried out on land and how the owner of the land may apply for building approval.

(2)Section 27 to section 30A affect the issue of building approvals as follows:

(a)section 27 provides that a certifier must not consider an application for building approval unless, among other things, the accompanying plans comply with the requirements prescribed by regulation;

(b)section 28 provides that an application for building approval must be approved if the plans meet each approval requirement under section 29, and deals with how the approval is given;

(c)section 28A sets out how a building approval is marked on plans;

(d)section 29 sets out the approval requirements for the plans;

(e)section 30 and section 30A set out when an application for building approval must be refused.

25AAMeaning of site work notice—div 3.3

In this division:

site work notice means a notice issued by a certifier under section 28 (1A)—

(a)stating—

(i)that the plans for the building work to which the application for building approval relates show all the information necessary to establish that site work to which the building work relates is exempt development under the Planning Act 2023, section 145; and

(ii)that the site work is exempt development; and

(iii)the certifier’s reasons for assessing that the site work is exempt development; and

(b)including any document or information prescribed by regulation.

25BWhy are building approvals necessary?

(1)A building approval is necessary because—

(a)section 42 (1) (d) requires building work to be carried out in accordance with approved plans (which may have to comply with this Act in relation to asbestos); and

(b)approved plans are plans that relate to building work for which a building approval is in effect.

(2)Section 42 provides that building work must not be carried out except in accordance with the requirements set out in the section.

(3)Not complying with section 42, for example—

(a)is an element of offences against section 42A (Contravention of requirements for building work involving asbestos) and section 51 (Carrying out building work in contravention of s 42); and

(b)is a ground for giving a notice to a building licensee under section 44 (2) (a) (Stage inspections); and

(c)is a ground for giving a notice to carry out building work under section 62 (see s 61 (b)).

NoteNot complying with s 42 may also be grounds for occupational discipline under the Construction Occupations (Licensing) Act 2004.

25CBuilding approvals apply to building work

To remove any doubt—

(a)a building approval only relates to building work shown on the approved plans under the approval, other than building work—

(i)identified in the plans as not forming part of the approval; and

(ii)on a parcel of land other than a parcel to which the application for approval relates; and

(b)the issue of a building approval does not indicate that carrying out work other than building work identified in the plans is consistent with the law or lease provisions applying to carrying out the work.

Example of work other than building work shown in approved plans

Approved plans show a multi-unit townhouse development.  As well as showing the townhouse buildings, the plans include landscape plans and structural engineer’s plans for structural elements, brickwork screen walls, paling fencing and reinforced concrete pedestrian surface paving.  The building approval only relates to the townhouse buildings (including their structural elements), the retaining walls, the screen walls and the fencing.

Example of building work on parcel of land other than parcel to which application relates

1     Approved plans show a shop which is proposed to have an awning over the footpath in front of the shop.  The awning is over unleased territory land, while the rest of the shop is on leased land.  An application for building approval may only be made by the owner of the parcel of land for approval to carry out building work on the land.  If only the owner of the leased land applies for building approval and the building approval is issued, the building approval can relate only to building work on the leased land and not to the awning.  However, if the Territory and the owner of the leased land jointly apply for building approval and the approval is issued, the approval can relate to building work on both the awning and the leased land.  But, if the Territory grants the applicant a permit for the awning to be over a public place, the permit-holder is, under this Act, taken to be the owner and may apply for building approval for all the building work, including the awning.

2     Approved plans show proposed demolition of a fence and a party wall.  The wall and fence straddle a common boundary shared by 2 land parcels.  The building approval can not operate in relation to only 1 of the parcels.  If building approval is required for the demolition, it must relate to both parcels of land.

1. Building approval applications

   (1)The owner of a parcel of land may, in writing, apply to the certifier for a building approval for building work to be carried out on the land.

   Note At common law, an agent may make an application on the owner’s behalf.

   (2)The application must—

   (a)be accompanied by the number of copies of the plans relating to the proposed work prescribed under the regulations; and

   (b)nominate the kind of certificate of occupancy for which the applicant proposes to apply; and

   (c)be accompanied by a waste management plan if the building work involves—

   (i)the demolition of a building; or

   (ii)the alteration of a building other than a class 1, class 2 or class 10a building; and

   (d)be accompanied by an asbestos removal control plan if a building to which the building work relates—

   (i)is a class 1, class 2, class 3 or class 4 building, or a class 10 building associated with a class 1, class 2, class 3 or class 4 building; and

   (ii)was erected before, or the erection of which started before, 1985; and

   (e)if there is an asbestos assessment report for premises to which the building work relates—be accompanied by a copy of the asbestos assessment report unless the applicant cannot obtain the report after taking reasonable steps; and

   (f)if there is development approval for development to which the building work relates—be accompanied by a copy of the development approval, unless the applicant cannot obtain a copy of the approval after taking reasonable steps; and

   (g)if there is an exemption assessment D notice for development to which the building work relates—be accompanied by a copy of the exemption assessment D notice; and

   (h)if required under an energy efficiency provision—be accompanied by an energy efficiency certificate; and

   (i)if the development to which the building work relates is a development proposal to which the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.18 applies—be accompanied by a written notice that the section has been complied with within 2 years before the day the application is made.

   Example—written notice

   a copy of any form prepared for the Planning (Exempt Development) Regulation 2023, sch 1, s 1.18 and a statement about how and when it was given

   (3)The regulations may require the application to contain other details or be accompanied by other material.

   (4)In this section:

   energy efficiency provision—see section 139C (4).

26AApplications for building approval—certifier may require further information

(1)This section applies if—

(a)the owner of a parcel of land (the applicant) has applied to a certifier for building approval for building work to be carried out on the land; and

(b)further information is required for the certifier to be able to decide the application without personally inspecting the land where the building work is to be carried out; and

(c)the applicant and the certifier have not agreed that the certifier will obtain the further information.

(2)The certifier may, by written notice, ask the applicant to give the certifier stated further information in relation to the application if the certifier believes on reasonable grounds that the information will help the certifier to decide the application without personally inspecting the land where the building work is to be carried out.

Examples of what certifier may ask for

1     photos, including ground, aerial, or satellite photos of the land or anything on, over or near the land

2     approval, permission or tenure documents, including leases, licences, permits, statutory approvals or advices

3     topographical information, including ground surface height contours, for the land and surroundings

NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(3)To remove any doubt, this section does not entitle a certifier to require—

(a)photographs to be taken by someone other than the applicant; or

(b)photographs to be taken using equipment other than equipment of the applicant’s choice; or

(c)further information if—

(i)the certifier has, or has reasonable access to, suitable information that allows the certifier to decide the application without personally inspecting the land where the building work is to be carried out; or

(ii)a territory law requires the certifier to personally obtain or be given the information.

Examples of suitable information certifier has or has reasonable access to

1     The internet website provides aerial photographs and topographical information including ground contours for some ACT areas.  If the land to which an application relates is covered by the website, the photographs and contours have sufficient information, and are accurate and recent enough, to decide the application in relation to tree and ground‑height related matters, the certifier may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights.

2     A certifier may verify land tenure and permit and statutory approval matters by contacting the statutory custodians of the information to a sufficient degree to decide the application in relation to those matters.  The certifier may not require further information in relation to those matters.

3     The land to which an application relates is covered by but, because the slope of the land to be built on is steeper than would be adequately shown on the website, the certifier does not have suitable information to allow the certifier to decide the application without personally inspecting the land.  Another website has some topographical information on the land, but it is not of sufficient resolution, or recent enough, to be relied on by the certifier in relation to ground heights to decide the application.  The certifier may require further information in relation to ground heights.

(4)For this section, a certifier that is a partnership inspects land personally if any partner inspects the land.

26BContents of request for further information

(1)A request under section 26A must—

(a)state the period within which the further information asked for must be provided; and

(b)if the further information is not a document—state that the further information must be provided in writing; and

(c)state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the certifier may refuse to issue a building approval under section 28; and

(d)state that, despite the applicant and certifier having previously not agreed that the certifier would obtain the further information, the applicant and certifier may agree that the certifier will obtain the information.

(2)The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.

(3)The certifier may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.

26CApplications for building approval—effect of failure to provide further information

(1)This section applies if—

(a)a certifier has asked for further information under section 26A in relation to an application; and

(b)the applicant has not provided some or all of the information in accordance with the request; and

(c)the applicant and the certifier have not agreed that the certifier will obtain the further information.

(2)The certifier may refuse to issue a building approval under section 28.

1. Certifier not to consider certain applications

   (1)A certifier must not consider an application under section 26 unless—

   (a)the plans that accompany the application comply with any requirements prescribed under the regulations; and

   (b)if—

   (i)a regulation prescribes that an entity’s advice on the application must be sought—the entity’s advice has been sought; or

   (ii)a regulation prescribes that an entity must be consulted about the application—the entity has been consulted; or

   (iii)a regulation prescribes that an entity’s consent to, or approval of, the application is required—the entity has consented to, or approved, the application; or

   (iv)a consent or approval prescribed by regulation contains a condition that must be complied with—the certifier is satisfied on reasonable grounds that the condition has been complied with; and

   (c)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

   (d)the training levy has been paid.

   (2)In this section:

   training levy means the training levy under the Building and Construction Industry Training Levy Act 1999.

27ANotice if building approval not issued

(1)This section applies if—

(a)an application for a building approval is made to the certifier under section 26; and

(b)the certifier does not issue the building approval for all or part of the building work that is the subject of the application because the certifier—

(i)refuses to issue the approval under section 26C; or

(ii)must not consider the application under section 27; or

(iii)must not issue the approval under section 30 or section 30A; or

(iv)decides that the approval is not required for all or part of the building work for which the application is made.

(2)The certifier must give the applicant written notice stating that building approval is not issued for the building work mentioned in subsection (1) (b) and the reason why the approval is not issued.

1. Issue of building approvals

   (1)This section applies if—

   (a)an application for a building approval is made to the certifier under section 26; and

   (b)the certifier may consider the application; and

   (c)section 30 (When building approvals not to be issued—general) and section 30A (When building approvals not to be issued—advice on referral) do not prevent the issue of the approval; and

   (d)if there is a written agreement between the certifier and applicant for the payment of an amount for deciding the application and the agreement states that the amount is to be paid before the application is decided—the amount has been paid.

   (1A)As soon as practicable after receiving the application for building approval, the certifier must issue a site work notice—

   (a)if an exemption assessment D notice stating that the site work is exempt development has not been issued for the site work; and

   (b)if the territory planning authority has not made an exemption declaration under the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.131 (1) (d); and

   (c)if a development approval has not been issued in relation to the site work; and

   (d)if satisfied on reasonable grounds that—

   (i)the plans show all the information necessary to establish that the site work to which the building work relates is exempt development under the Planning Act 2023, section 145; and

   (ii)the site work is exempt development.

   (2)As soon as practicable after receiving the application for building approval, the certifier must—

   (a)take all reasonable steps to get the information the certifier reasonably needs to decide the application; and

   NoteThis may include deciding whether the building work is exempt from requiring development approval under the Planning Act 2023 (see s 29 (1) (g)).

   (b)if satisfied on reasonable grounds that the plans meet each applicable approval requirement under section 29 and is not prevented from being issued under section 30 or section 30A—

   (i)prepare a notice (the building approval certificate) certifying what approval requirements apply to the application and why the building approval is not prevented from being issued; and

   (ii)issue the building approval and give the building approval certificate to the applicant.

   (3)To remove any doubt, a certifier is not required to decide an application for building approval if the applicant has asked the certifier to delay making the decision, whether to allow the applicant to negotiate with an entity to which the application has been referred or for any other reason.

28AMarking building approval

(1)If a certifier issues a building approval under section 28—

(a)the approval must be marked on, attached to or partly marked on and partly attached to, each page of the plans it relates to; and

(b)the certifier must—

(i)initial, date and mark the certifier’s licence number on each page of the plans; and

(ii)attach each accompanying document to the plans; and

(iii)if the accompanying documents do not include an asbestos assessment report—attach an asbestos advice to the plans.

(2)However, if, because of the size of the plans, it is impractical to mark the building approval on each page of the plans, the certifier may, instead of marking the approval under subsection (1) (a), mark each page of the plans with—

(a)the certifier’s initials and licence number and the date; and

(b)an indication that the approval, or part of the approval, is in a separate document.

(3)Also, if, because of the size of 1 or more of the accompanying documents (the relevant documents), it is impractical to attach the relevant documents to the plans, the certifier may, instead of attaching the relevant documents under subsection (1) (b) (ii), mark each page of the plans with an indication that the relevant documents are separate.

(4)If the certifier issues the building approval, the certifier must—

(a)give to the person who applied for the approval a copy of—

(i)the approval; and

(ii)the relevant plans; and

(iii)if the certifier issues a site work notice in relation to the site work to which the building work relates—the site work notice; and

(iv)if 1 or more of the accompanying documents are not attached to the plans—the accompanying documents that are not attached; and

(b)not later than 7 days after the day of issue, give to the construction occupations registrar—

(i)a copy of the approval; and

(ii)the building approval certificate; and

(iii)a copy of the relevant plans; and

(iv)if the certifier issues a site work notice in relation to the site work to which the building work relates—a copy of the site work notice; and

(v)if 1 or more of the accompanying documents are not attached to the plans—a copy of the accompanying documents that are not attached; and

(vi)if notification of the certifier’s appointment has not previously been given to the registrar—notification of the appointment.

(5)In this section:

accompanying document, in relation to a building approval, means a document required to accompany the application for the building approval.

NoteSection 26 requires certain documents to accompany applications for building approval and allows other material required to accompany applications to be prescribed by regulation.

asbestos advice means an advice prepared under the Dangerous Substances Act 2004, section 47M.

1. Approval requirements

   (1)Each of the following is an approval requirement for plans:

   (a)if the plans are for the substantial alteration of a building—the building as altered will comply with this Act and the building code;

   Note 1Substantial alteration—see s (2).

   Note 2A 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, s 104).

   (b)if the plans are for the erection or alteration of a building—the building, if erected or altered in accordance with the plans, will comply with this Act;

   (c)if the plans are for the demolition of a building—demolition in accordance with the plans will comply with this Act;

   (d)if a waste management plan is required to accompany the application—the plan is adequate;

   (e)if an asbestos removal control plan is required to accompany the application—the plan complies with the Dangerous Substances Act 2004 and the Work Health and Safety Act 2011;

   (f)the building as proposed to be erected or altered will be structurally sufficient, safe and stable;

   (g)if the plans show site work that, if carried out in accordance with the plans, might be exempt under the Planning Act 2023 from requiring development approval—

   (i)a copy of an exemption assessment D notice for the site work stating that the site work is exempt development is attached; or

   NoteApplying for an exemption assessment is not a requirement of the development approval or building approval process. If a person believes that a development is an exempt development, the person need not apply for an exemption assessment from a works assessor or building surveyor (see Planning Act 2023, s 150).

   (ii)a site work notice for the site work, stating that the site work is exempt development, has been issued under section 28 (1A); or

   NoteIf site work is an exempt development, it does not require development approval (see Planning Act 2023, s 145).

   (iii)development approval for the site work is attached; or

   (iv)a copy of an exemption declaration under the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.131 (1) (d) is attached.

   Example

   Plans show a proposed residence and garage, and development approval has not been given.  The information in the plans in relation to the residence and garage suggests that the residence and garage might be exempt from the requirement for development approval.

   However, the territory plan sets out other requirements that must be satisfied before the proposed residence and garage will be exempt from requiring development approval, for example, requirements in relation to trees, driveways, car parking, colours and the amount of the land parcel that must not contain certain buildings.

   The plans must show all the information necessary for the certifier to be satisfied that all the requirements for the proposed residence and garage to be exempt from requiring development approval have been met, including the requirements in relation to trees, driveways and other matters related to the residence and garage in the territory plan.

   If development approval is given for the proposed residence and the garage, then the plans do not need to include the information necessary to establish that they are exempt from requiring development approval.

   If an exemption assessment D notice for the proposed residence and garage indicates the residence and garage are exempt from requiring development approval, then the plans do not need to include any additional information to establish that the proposed residence and garage are an exempt development.

   Note 1This provision does not give a certifier power to require an applicant to provide either development approval, or an exemption assessment D notice, under the Planning Act 2023.

   Note 2Section 30 and s 30A prevent building approval from being given in some cases.

   (2)A regulation may declare that—

   (a)an alteration of a building is or is not a substantial alteration; or

   (b)a part of a building (the unaltered part) that has not been altered need not comply with the building code despite subsection (1) (a).

   (3)For subsection (1)—

   (a)a building or a building as altered does not fail to comply with this Act only because the plans for the building or alteration contain something to which the building code does not apply; and

   (b)a building product, construction method, design, component or system connected with a building is taken to comply with the building code if the product, method, design, component or system complies with a recognised standard.

   (4)For subsection (1) (d), a waste management plan is adequate if—

   (a)the plan satisfies any requirements prescribed under the regulations; and

   (b)there is a recycling facility for the reuse or recycling of material mentioned in the plan and the plan states that the material will be disposed of, if practicable, at the facility.

   (5)The Minister may declare that a facility outside the ACT is suitable to reuse or recycle stated material.

   (6)A declaration is a notifiable instrument.

   (7)For subsection (1) (g) (ii), the certifier must be satisfied that the exemption assessment D notice—

   (a)is for the site work to which the application relates; and

   (b)was issued by a works assessor or building surveyor not more than 3 months before the day the application for building approval was made.

   NoteThere is no obligation on the certifier to confirm the exemption assessment D notice in any other way, such as for accuracy or completeness.

   (8)In this section:

   recycling facility, for material, means—

   (a)a facility in the ACT where the material is reused or recycled; or

   (b)a facility outside the ACT that the Minister has declared is suitable to reuse or recycle the material under subsection (5).

1. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Meaning of building work

   s 6am A2016‑44 s 38

   Meaning of building

   s 7sub A2007‑26 amdt 1.1

   Meaning of site work

   s 7Ains A2007‑26 amdt 1.1

   Meaning of building work

   s 6am A2015‑12 s 5

   Meaning of minor maintenance work

   s 10Ains A2006‑16 amdt 1.1

   om A2007‑26 amdt 1.2

   Meaning of disturbs friable asbestos

   s 10Bins A2006‑16 amdt 1.1

   Exempt buildings

   s 12am A2007‑26 amdt 1.3

   Exemption assessments

   pt 2A hdgins A2010‑24 s 4

   Purpose of exemption assessment B notices

   s 13sub A2005‑34 amdt 1.1

   am A2006‑16 amdt 1.2, amdt 1.3

   om A2007‑26 amdt 1.4

   ins A2010‑24 s 4

   Exemption assessment applications

   s 14om A2007‑26 amdt 1.5

   ins A2010‑24 s 4

   am A2011‑23 s 4; A2023-36 amdt 1.7; A2025‑29 amdt 4.17

   Exemption assessment not required for building approval

   s 14Ains A2010‑24 s 4

   Exemption assessments and notices

   s 14Bins A2010‑24 s 4

   am A2011‑23 s 5; ss renum R15 LA

   Exemption assessment applications—request for further information

   s 14Cins A2010‑24 s 4

   am A2016‑18 amdt 3.22

   Exemption assessment applications—contents of request for further information

   s 14Dins A2010‑24 s 4

   am A2013‑19 amdt 3.7; A2016‑18 amdt 3.23; ss renum R34 LA

   Exemption assessment applications—effect of failure to provide further information

   s 14Eins A2010‑24 s 4

   Preliminary

   div 3.1 hdgom A2015‑12 s 6

   Application of pt 3 to building work

   s 15sub A2005‑34 amdt 1.2; A2006‑16 amdt 1.4

   am A2007‑26 amdt 1.6; A2010‑24 s 5

   om A2015‑12 s 6

   Meaning of stage in pt 3

   s 16om A2007‑26 amdt 1.7

   Certifiers and government certifiers

   div 3.2 hdgnote ins A2007‑26 amdt 1.8

   Definitions for div 3.2

   s 17def eligible entity ins A2007‑26 amdt 1.9

   def eligible person om A2007‑26 amdt 1.9

   def government certifier sub A2007‑26 amdt 1.9

   Certifier—functions

   s 17Ains A2016‑44 s 5

   am A2023-36 amdt 1.30

   Eligibility for appointment—certifiers and government certifiers

   s 18am A2007‑26 amdt 1.10

   Appointment of certifiers—work not begun

   s 19sub A2007‑26 amdt 1.11

   am A2019‑48 s 6, s 7

   Appointment of certifiers—work begun

   s 19Ains A2007‑26 amdt 1.11

   am A2013‑19 amdt 3.8; A2019‑48 s 8, s 9

   Automatic suspension

   s 19Bins A2007‑26 amdt 1.11

   Ending suspensions

   s 19Cins A2007‑26 amdt 1.11

   Ending appointments

   s 19Dins A2007‑26 amdt 1.11

   Appointment of certifier after appointment ends under s 19D (1) (e)

   s 19Eins A2007‑26 amdt 1.11

   am A2013‑19 amdt 3.8

   Appointment of government certifiers

   s 20am A2007‑26 amdt 1.12

   am A2013‑19 amdt 3.8; A2025‑29 amdt 4.17

   Power to require building documents

   s 21sub A2007‑26 amdt 1.13

   Entitlement to act as certifier

   s 23am A2007‑26 amdt 1.14; A2022‑14 amdt 3.8

   Notice of certifier’s appointment or end of appointment

   s 24sub A2007‑26 amdt 1.15

   am A2025‑29 amdt 4.17

   Overview—div 3.3

   s 25Ains A2007‑26 amdt 1.16

   Meaning of site work notice—div 3.3

   s 25AAins A2014‑45 s 4

   am A2023-36 amdt 1.8

   Why are building approvals necessary?

   s 25Bins A2007‑26 amdt 1.16

   am A2011‑3 amdt 3.75

   Building approvals apply to building work

   s 25Cins A2007‑26 amdt 1.16

   Building approval applications

   s 26am A2006‑16 amdt 1.5; A2010‑32 s 5, s 6; A2010‑24 s 6; A2012‑23 s 4; A2023-36 amdts 1.9-1.11; A2023-55 s 7; pars renum R46 LA; A2025‑29 amdt 4.17

   Applications for building approval—certifier may require further information

   s 26Ains A2007‑26 amdt 1.17

   am A2010‑24 s 7; A2016‑18 amdt 3.24

   Contents of request for further information

   s 26Bins A2007‑26 amdt 1.17

   am A2010‑24 s 8; A2013‑19 amdt 3.9; A2016‑18 amdt 3.25; ss renum R34 LA

   Applications for building approval—effect of failure to provide further information

   s 26Cins A2007‑26 amdt 1.17

   Certifier not to consider certain applications

   s 27am A2007‑26 amdt 1.18

   Notice if building approval not issued

   s 27Ains A2010‑24 s 9

   Issue of building approvals

   s 28am A2006‑16 amdt 1.6; A2007‑26 amdts 1.19-1.21; ss renum R10 LA; A2010‑24 s 10; A2014‑45 s 5; A2023-36 amdts 1.12-1.14; A2025‑29 amdt 4.17

   Marking building approval

   s 28Ains A2007‑26 amdt 1.21

   am A2013‑19 amdt 3.10; A2014‑45 s 6, s 7; pars renum R27 LA; A2020-20 amdt 1.1; A2025‑29 amdt 4.17

   Approval requirements

   s 29am A2005‑34 amdt 1.3, amdt 1.4; A2006‑16 amdt 1.7; A2006‑15 amdt 1.1; A2007‑26 amdt 1.22, amdt 1.23; pars renum R10 LA; A2011‑3 amdt 3.76; A2010‑24 ss 11-13; ss, pars renum R15 LA; A2014‑45 s 8; A2015‑12 s 7; A2023‑36 amdts 1.15-1.19; A2025‑29 amdt 4.17

   When building approvals not to be issued—general

   s 30sub A2007‑26 amdt 1.24

   am A2023-36 amdt 1.20, amdt 1.21; A2025‑29 amdt 4.17

   When building approvals not to be issued—advice on referral

   s 30Ains A2007‑26 amdt 1.24

   Application for approval of amended plans

   s 31sub A2007‑26 amdt 1.24; A2025‑29 amdt 4.17

   Amendment of approved plans

   s 32am A2007‑26 amdts 1.25-1.27

   Application for approved plans amendment—certifier may require further information

   s 32Ains A2007‑26 amdt 1.28

   am A2016‑18 amdt 3.26

   Contents of request for further information

   s 32Bins A2007‑26 amdt 1.28

   am A2010‑24 s 14; A2013‑19 amdt 3.11; A2016‑18 amdt 3.27; ss renum R34 LA

   Approved plans amendment—effect of failure to provide further information

   s 32Cins A2007‑26 amdt 1.28

   Marking approval of amendment

   s 33am A2007‑26 amdts 1.29-1.31; A2025‑29 amdt 4.17

   Land to be used in accordance with lease and development approval

   s 35sub A2007‑26 amdt 1.32

   Period for which approvals operate

   s 36am A2007‑26 amdt 1.33, amdt 1.34; ss renum R10 LA

   Requirement to give advice in relation to proposed building work

   s 36Ains A2007‑26 amdt 1.35

   am A2015‑50 amdt 3.9

   Building commencement notices and building work signs

   div 3.4 hdgsub A2011‑54 s 4

   Building commencement notices and building work signs

   s 37am A2011‑54 s 5; ss renum R18 LA; A2016‑44 s 37; A2025‑29 amdt 4.17

   Sign to be displayed for certain building work

   s 37Ains A2011‑54 s 6

   am A2015‑12 s 8

   Sign to be displayed for building work in prescribed development

   s 37Bins A2011‑54 s 6

   am A2015‑12 s 9

   Automatic end of building commencement notices

   s 38am A2016‑44 s 37

   Application for cancellation of building commencement notice

   s 39am A2025‑29 amdt 4.17

   Requirements for carrying out building work

   s 42am A2005‑20 amdt 3.86; A2005‑34 amdt 1.5; A2006‑16 amdt 1.8; A2007‑26 amdt 1.36; A2019‑48 s 10; pars renum R39 LA

   Contravention of requirements for building work involving asbestos

   s 42Ains A2004‑66 amdt 1.1

   am A2005‑34 amdt 1.6; A2006‑16 amdt 1.8, amdt 1.9; A2009‑20 amdt 3.19; A2014‑2 ss 4-6; ss renum R25 LA; A2014‑53 s 4, s 5; pars renum R28 LA

   Stages of building work

   s 43sub A2007‑26 amdt 1.37

   am A2013‑31 s 9

   sub A2016‑44 s 6

   Stage inspections

   s 44sub A2007‑26 amdt 1.37

   am A2013‑31 s 10, s 11; A2016‑44 ss 7-12; A2025‑29 amdt 4.17

   Records of tests

   s 45am A2007‑26 amdt 1.38

   Certifier may request engineer’s certificate

   s 47 hdgsub A2019‑48 s 11

   s 47am A2014‑2 ss 7-9; A2019‑48 s 12; ss renum R39 LA; A2023‑8 amdts 2.1-2.3

   Completion of building work

   s 48am A2007‑26 amdts 1.39-1.45; ss and pars renum R10 LA; A2013‑31 s 12, s 13; A2014‑2 s 10, s 11; A2019‑48 s 13, s 14

   Complying with building code

   s 49am A2005‑34 amdt 1.7

   sub A2014‑2 s 12

   am A2019‑48 s 15, s 16

   Notification by certifier of contraventions of building and development approvals—building work

   s 50sub A2007‑26 amdt 1.46

   am A2014‑23 s 4, s 5; A2015‑42 s 4

   Notification by certifier of possible noncompliant site work

   s 50Ains A2007‑26 amdt 1.46

   am A2010‑24 s 15; ss renum R15 LA; A2023-36 amdt 1.22, amdt 1.23, amdt 1.30

   Site work without adequate development approval—people

   s 50Bins A2007‑26 amdt 1.46

   am A2010‑24 s 16; ss renum R15 LA

   Site work without adequate development approval—partners

   s 50Cins A2007‑26 amdt 1.46

   am A2010‑24 s 17, s 18; ss renum R15 LA

   Carrying out building work in contravention of s 42

   s 51am A2010‑24 ss 19-21

   sub A2014‑2 s 13

   Stop and other notices and demolition orders

   pt 4 hdgsub A2015‑42 s 5

   Definitions—pt 4

   s 52sub A2015‑42 s 6

   def custodian ins A2015‑42 s 6

   sub A2023-36 amdt 1.24

   def easement sub A2015‑42 s 6

   am A2020-16 amdt 1.7

   Stop notices

   s 53am A2007‑26 amdts 1.47-1.51; ss, pars renum R10 LA

   Stop notices—display of sign

   s 53Ains A2019‑48 s 17

   Building work allowed under stop notice

   s 54am A2007‑26 amdt 1.52

   Decision on application by other than land owner

   s 57am A2007‑26 amdt 1.53

   Further notices relating to stop notices

   s 58am A2023-36 amdt 1.30

   Service of stop notices and further notices

   s 59am A2007‑26 amdt 1.54

   Stop notices register

   s 59Ains A2019‑48 s 18

   Notice to produce survey plan etc

   s 60am A2007‑26 amdt 1.55

   om A2023-55 s 8

   Preconditions for s 62 notice

   s 61am A2005‑34 amdt 1.8; A2006‑15 amdt 1.2; A2007‑26 amdt 1.56; A2015‑42 s 7; pars renum R32 LA

   Notice to carry out building work

   s 62am A2023-36 amdt 1.30

   Demolition orders—affected residential premises and eligible impacted property

   s 63Ains A2015‑42 s 8

   am A2020-20 amdt 1.2, amdt 1.3; A2025‑29 amdt 4.17

   When demolition orders not to be issued—advice on referral

   s 63Bins A2015‑42 s 8

   Requirement to give advice in relation to proposed demolition

   s 63Cins A2015‑42 s 8

   Demolition orders—application of pt 3

   s 63Dins A2015‑42 s 8

   Completion of demolition work—affected residential premises and eligible impacted property

   s 63Eins A2015‑42 s 8

   Compliance with notices under pt 4

   s 64sub A2007‑26 amdt 1.57

   Application of pt 5 to building work

   s 65sub A2005‑34 amdt 1.9; A2006‑16 amdt 1.10

   am A2007‑26 amdt 1.58

   om A2015‑12 s 10

   Meaning of prescribed requirements—div 5.1

   s 66sub A2005‑34 amdt 1.10

   am A2006‑16 amdt 1.11

   sub A2007‑26 amdt 1.59

   am A2014‑53 s 6; A2016‑44 s 13

   Prescribed requirements and contraventions of s 43—div 5.1

   s 66Ains A2007‑26 amdt 1.59

   Registrar may have regard to documents given

   s 67am A2007‑26 amdt 1.60

   Effect of certificates under div 5.1

   s 68am A2007‑26 amdt 1.61; A2025‑29 amdt 3.37

   Certificates of occupancy

   s 69am A2007‑26 amdt 1.62; A2013‑15 s 5, s 6; A2013‑31 s 14; A2016‑44 s 14, s 15, s 38; A2018‑16 amdt 1.1; A2020‑25 s 4 A2025‑29 amdt 4.17

   Completion of building work involving demolition

   s 70Ains A2007‑26 amdt 1.63

   Certificate for building work involving demolition

   s 71am A2007‑26 amdt 1.64

   Certificates of occupancy and use for owner-builders

   s 73am A2007‑26 amdt 1.65; A2016‑44 s 38

   Government buildings—application for fitness certificate

   s 74am A2025‑29 amdt 4.17

   Decision on s 74 application

   s 75am A2007‑26 amdt 1.66

   Use of buildings restricted

   s 77am A2022‑14 amdt 3.9

   Action by registrar on unauthorised use of building etc

   s 79 hdgsub A2006‑16 amdt 1.12

   Copies of certificates of occupancy and regularisation

   s 80am A2007‑26 amdt 1.67

   Safe live load plates

   s 81am A2011‑3 amdt 3.77; A2025‑29 amdt 4.17

   Regulated swimming pools

   pt 5A hdgins A2023‑46 s 4

   Preliminary

   div 5A.1 hdg         ins A2023‑46 s 4

   Definitions—pt 5A

   s 83sub A2005‑34 amdt 1.11; A2006‑16 amdt 1.13

   am A2007‑26 amdt 1.68

   om A2015‑12 s 12

   ins A2023‑46 s 4

   def access point ins A2023‑46 s 4

   def authorised person ins A2023‑46 s 4

   def compliance certificate ins A2023‑46 s 4

   def exemption certificate ins A2023‑46 s 4

   def Ministerial exemption ins A2023‑46 s 4

   def occupier ins A2023‑46 s 4

   def owner ins A2023‑46 s 4

   def safety barrier ins A2023‑46 s 4

   def safety standards ins A2023‑46 s 4

   def standing exemption ins A2023‑46 s 4

   Meaning of safety standards—pt 5A

   s 83Ains A2023‑46 s 4

   Meaning of regulated swimming pool

   s 83Bins A2023‑46 s 4

   Compliance with safety standards

   div 5A.2 hdg         ins A2023‑46 s 4

   Exemptions

   sdiv 5A.2.1 hdg     ins A2023‑46 s 4

   Standing exemption

   s 83Cins A2023‑46 s 4

   Ministerial exemption

   s 83Dins A2023‑46 s 4

   Variation of Ministerial exemption

   s 83Eins A2023‑46 s 4

   Revocation of exemption

   s 83Fins A2023‑46 s 4

   Minister may make guidelines

   s 83Gins A2023‑46 s 4

   Guidance about obligations on owners

   s 83Hins A2023‑46 s 4

   exp 1 May 2028 (s 83H (3))

   Failure to comply with exemption certificate conditions

   s 83Iins A2023‑46 s 4

   Failure to notify change of exemption circumstances

   s 83Jins A2023‑46 s 4

   Compliance certificates

   sdiv 5A.2.2 hdg     ins A2023‑46 s 4

   Compliance certificates

   s 83Kins A2023‑46 s 4

   Period for which compliance certificate in force

   s 83Lins A2023‑46 s 4

   Failure to lodge compliance certificate etc for regulated swimming pool

   s 83Mins A2023‑46 s 4

   Swimming pool safety

   div 5A.3 hdg         ins A2023‑46 s 4

   Failure to maintain swimming pool safety barrier

   s 83Nins A2023‑46 s 4

   Failure to close swimming pool safety barrier

   s 83Oins A2023‑46 s 4

   Administration

   div 5A.4 hdg         ins A2023‑46 s 4

   Authorised person

   s 83Pins A2023‑46 s 4

   Identity cards

   s 83Qins A2023‑46 s 4

   Person pretending to be authorised person

   s 83Rins A2023‑46 s 4

   Miscellaneous

   div 5A.5 hdg         ins A2023‑46 s 4

   Criminal liability of executive members of owners corporation

   s 83Sins A2023‑46 s 4

   Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates

   pt 6 hdgsub A2016‑44 s 16

   Interpretation—pt 6

   div 6.1 hdgsub A2015‑12 s 11

   Definitions—pt 6

   s 84 hdgsub A2015‑12 s 13

   s 84def approved scheme am A2023-55 s 9

   def builder sub A2007‑26 amdt 1.69

   def complying residential building work insurance sub A2016‑44 s 17

   def consumer representative ins A2023‑55 s 10

   def insurable residential building ins A2016‑44 s 18

   def insurable residential building work ins A2016‑44 s 18

   def residential building sub A2016‑44 s 19

   Residential building work to which pt 6 does not apply

   s 87am A2016‑44 s 20, s 21; A2025‑29 amdt 3.30

   Residential building work to which div 6.2 does not apply

   s 87Ains A2016‑44 s 22

   Statutory warranties

   s 88am A2005‑34 amdt 1.12; A2006‑16 amdt 1.14; A2016‑44 s 23

   Standard conditions

   div 6.2A hdg         ins A2016‑44 s 24

   Residential building work contract to which div 6.2A does not apply

   s 89Ains A2016‑44 s 24

   Meaning of residential building work contract—div 6.2A

   s 89Bins A2016‑44 s 24

   am A2025‑29 amdt 4.17

   Standard conditions for residential building work contract

   s 89Cins A2016‑44 s 24

   Required documents for residential building work contract

   s 89Dins A2016‑44 s 24

   Prohibited conditions for residential building work contract

   s 89Eins A2016‑44 s 24

   Complying residential building work insurance

   s 90am A2010‑18 amdt 1.3; A2016‑44 s 37; A2023-55 s 11; ss renum R50 LA

   Claims if builder insolvent and work unfinished

   s 93am A2010‑18 amdt 1.4; A2016‑44 s 37

   Recovery from builder

   s 94am A2022‑14 amdt 3.10

   Approval of fidelity fund scheme—application

   s 96am A2011‑3 amdt 3.79; A2023-36 amdt 1.30

   sub A2023-55 s 12

   Approval of fidelity fund scheme—request for more information

   s 97am A2013‑19 amdt 3.12; A2016‑18 amdt 3.28, amdt 3.29; A2023-36 amdt 1.30

   sub A2023-55 s 12

   Approval of fidelity fund scheme—decision on application

   s 98am A2023-36 amdt 1.30

   sub A2023-55 s 12

   Approval criteria for schemes

   s 99am A2011‑3 amdt 3.79; A2023-55 s 13; A2025‑29 amdt 4.17

   Approved scheme—conditions

   s 100sub A2023-55 s 14

   Approved scheme—application to change

   s 101am A2023-36 amdt 1.30

   sub A2023-55 s 14

   Approved scheme—decision on application to change

   s 102am A2011‑3 amdt 3.79; A2023-36 amdt 1.30

   sub A2023-55 s 14

   Prudential standards

   s 103am A2011‑3 amdt 3.79; A2025‑29 amdt 4.17

   Notice to trustees to comply with prudential standards

   s 105am A2023-36 amdt 1.30; A2023-55 s 20

   Notice to trustees requiring information

   s 106am A2023-36 amdt 1.30; A2023-55 s 20, s 21

   Suspension or cancellation of approval of approved scheme

   s 107am A2011‑3 amdt 3.79; A2023-36 amdt 1.30; A2023-55 s 15, ss 20‑22; A2025‑29 amdt 3.37; A2025‑29 amdt 4.17

   Cancellation of approval on application

   s 108am A2011‑3 amdt 3.79; A2023-36 amdt 1.30; A2023-55 s 20, s 21; A2025‑29 amdt 4.17

   Orders consequential on etc suspension or cancellation

   s 109am A2023-36 amdt 1.30; A2023-55 s 20, s 21

   Address for service for trustees

   s 110am A2023-36 amdt 1.30; A2023-55 s 20

   Appointment of auditor and actuary for approved scheme

   s 111am A2023-36 amdt 1.30; A2023-55 s 20

   Approval of appointment of auditor or actuary

   s 112am A2015‑50 amdt 3.10; A2023-36 amdt 1.30; A2023-55 s 20, s 22

   Revocation of approval of appointment of auditor or actuary

   s 113am A2023-36 amdt 1.30; A2023-55 s 20

   Notification of appointment or ending of appointment of auditor or actuary

   s 115am A2023-36 amdt 1.30; A2023-55 s 20

   Compliance with prudential standards by auditors and actuaries

   s 116am A2022‑14 amdt 3.11

   Auditor and actuary to tell Minister if scheme insolvent etc

   s 117 hdgam R46 LA

   s 117am A2023-36 amdt 1.30; A2023-55 s 20; A2025‑29 amdt 3.37

   Giving of information to Minister by auditor or actuary etc

   s 118 hdgam R46 LA

   s 118am A2023-36 amdt 1.30; A2023-55 ss 20-22

   Certificates and reports required to be given to Minister

   s 121 hdgam R46 LA

   s 121am A2023-36 amdt 1.30; A2023-55 s 20

   Special actuary to investigate liabilities

   s 122am A2013‑19 amdt 3.13; A2023-36 amdt 1.30; A2023-55 s 20, s 21

   Objection to special actuary by Minister

   s 123 hdgam R46 LA

   s 123am A2023-36 amdt 1.30; A2023-55 s 20,s 21

   Special actuary’s report

   s 124am A2023-36 amdt 1.30; A2023-55 s 20, s 21

   Who can be appointed as special actuary

   s 125am A2023-36 amdt 1.30; A2023-55 s 20

   Obligations of trustees to auditors and actuaries

   s 126am A2022‑14 amdt 3.11

   Protection of auditor and actuary from liability

   s 127sub A2023-55 s 16

   Consumer representative

   div 6.6 hdgins A2023‑55 s 17

   Consumer representative—appointment

   s 127AAins A2023‑55 s 17

   Consumer representative—terms of reference

   s 127ABins A2023‑55 s 17

   Consumer representative—ending appointment

   s 127ACins A2023‑55 s 17

   Residential building disputes

   pt 6A hdgins A2020‑25 s 5

   Objects and important concepts

   div 6A.1 hdg         ins A2020‑25 s 5

   Definitions—pt 6A

   s 127Ains A2020‑25 s 5

   def building practitioner ins A2020‑25 s 5

   def developer ins A2020‑25 s 5

   def related building activity ins A2020‑25 s 5

   defresidential building ins A2020‑25 s 5

   defresidential building work ins A2020‑25 s 5

   def residential building work contract ins A2020‑25 s 5

   Meaning of residential building dispute—pt 6A

   s 127B                 ins A2020‑25 s 5

   Meaning of residential building matter—pt 6A

   s 127C                 ins A2020‑25 s 5

   Residential building dispute resolution process—purpose

   s 127D                 ins A2020‑25 s 5

   Prescription of dispute resolution processes

   s 127E                 ins A2020‑25 s 5

   Residential building dispute administrator

   div 6A.2 hdg         ins A2020‑25 s 5

   Residential building dispute administrator—appointment

   s 127F                 ins A2020‑25 s 5

   Dispute resolution officers

   s 127G                 ins A2020‑25 s 5

   Technical building assessors

   s 127H                 ins A2020‑25 s 5

   Consultants and contractors

   s 127I                  ins A2020‑25 s 5

   Other arrangements for staff and facilities

   s 127J                 ins A2020‑25 s 5

   Delegation by administrator

   s 127K                 ins A2020‑25 s 5

   Protection from liability

   s 127L                 ins A2020‑25 s 5

   Dispute resolution process

   div 6A.3 hdg         ins A2020‑25 s 5

   Referral of dispute

   s 127M                ins A2020‑25 s 5

   Lodgment of dispute

   s 127N                 ins A2020‑25 s 5

   Administrator may dismiss lodgment in certain circumstances

   s 127O                 ins A2020‑25 s 5

   Administrator may refer dispute in certain circumstances

   s 127P                 ins A2020‑25 s 5

   Commencing dispute resolution

   s 127Q                 ins A2020‑25 s 5

   Information required for dispute resolution

   s 127R                 ins A2020‑25 s 5

   Record of resolution

   s 127S                 ins A2020‑25 s 5

   Dispute resolution—confidentiality

   s 127T                 ins A2020‑25 s 5

   Dispute resolution trust account

   div 6A.4 hdg         ins A2020‑25 s 5

   Dispute resolution trust establishment

   s 127U                 ins A2020‑25 s 5

   Interest on amounts in trust account

   s 127V                 ins A2020‑25 s 5

   Appointment of building inspectors

   s 128am A2016‑44 s 25

   Identity cards

   s 129am A2022‑14 amdt 3.12

   Inspection of building work and authority for required work

   div 7.2 hdgins A2016‑44 s 26

   Inspection of building work where no approval

   s 131am A2015‑42 s 9; A2016‑44 s 27; A2023‑46 s 7, s 8; pars renum R48 LA

   Power to authorise required work

   s 133am A2015‑42 s 10

   sub A2016‑44 s 28

   Non-compliant buildings and building work

   div 7.2A hdg         ins A2019‑48 s 19

   Powers in relation to non-compliant buildings

   s 133Ains A2019‑48 s 19

   Entry and seizure

   div 7.3 hdgins A2016‑44 s 29

   Building inspectors—entry to premises

   s 134 hdgsub A2016‑44 s 30

   s 134am A2006‑16 amdt 1.15

   Building inspectors—powers on entry

   s 134Ains A2016‑44 s 31

   Building inspectors—power to seize things

   s 134Bins A2016‑44 s 31

   Building inspectors—receipt for things seized

   s 134Cins A2016‑44 s 31

   Access to things seized

   s 134Dins A2016‑44 s 31

   Return of things seized

   s 134Eins A2016‑44 s 31

   Search warrants

   div 7.4 hdgins A2016‑44 s 31

   Warrants generally

   s 134Fins A2016‑44 s 31

   Warrants—application made other than in person

   s 134Gins A2016‑44 s 31

   am A2018-33 amdt 1.3, amdt 1.4

   Search warrants—announcement before entry

   s 134Hins A2016‑44 s 31

   am A2022‑14 amdt 3.13

   Details of search warrant to be given to occupier etc

   s 134Iins A2016‑44 s 31

   Occupier entitled to be present during search etc

   s 134Jins A2016‑44 s 31

   Moving things to another place for examination or processing

   s 134Kins A2016‑44 s 31

   Obstructing building inspector

   s 135om A2004‑15 amdt 2.25

   Building code, recognised standards etc

   pt 8 hdgsub A2006‑16 amdt 1.16; A2006‑15 amdt 1.3; A2010‑32 s 7

   Building code and recognised standards

   div 8.1 hdgins A2006‑16 amdt 1.16

   Building code

   s 136am A2004‑28 amdt 3.1; A2011‑3 amdt 3.79; A2012‑23 s 5; A2013‑31 ss 15-17; ss renum R23 LA; A2025‑29 amdt 4.17

   Regulation under s 136 (1), def building code and Legislation Act, s 47

   s 136Ains A2013‑31 s 18

   Publication and availability of ACT Appendix

   s 137am A2009‑20 amdt 3.20, amdt 3.21

   sub A2013‑31 s 19

   am A2015‑33 amdt 1.23

   om A2025-5 s 5

   Inspection of building code

   s 138am A2022‑14 amdt 3.14

   om A2025-5 s 5

   Certified copies of building code

   s 139am A2008‑36 amdt 1.61; A2025-5 s 6

   Recognised standards

   s 139Ains A2006‑15 amdt 1.4

   sub A2025-5 s 7

   am A2025‑29 amdt 3.31, amdt 3.32; pars renum R53 LA

   Codes of practice and guidelines

   div 8.2 hdgins A2006‑16 amdt 1.17

   sub A2015‑12 s 14; A2016‑44 s 32

   Approval of codes of practice

   s 139B hdgsub A2015‑12 s 15

   s 139Bins A2006‑16 amdt 1.17

   am A2013‑19 amdt 3.14, amdt 3.15; A2015‑12 s 16, s 17; A2016‑44 s 33; A2025‑29 amdt 4.17

   Approval of guidelines

   s 139BAins A2016‑44 s 34

   am A2025‑29 amdt 4.17

   Energy efficiency certificates

   div 8.3 hdgins A2010‑32 s 8

   Energy efficiency certificates

   s 139Cins A2010‑32 s 8

   am A2023-55 s 18

   Conflict of interest—building assessors

   s 139Dins A2010‑32 s 8

   am A2025‑29 amdt 4.17

   Limitation of liability for building actions

   s 142am A2007‑26 amdt 1.70; A2025‑29 amdt 3.37

   Notification and review of decisions

   pt 9A hdgins A2008‑36 amdt 1.62

   Definitions—pt 9A

   s 142Ains A2008‑36 amdt 1.62

   def decision-maker ins A2008‑36 amdt 1.62

   def reviewable decision ins A2008‑36 amdt 1.62

   Reviewable decision notices

   s 142Bins A2008‑36 amdt 1.62

   am A2025‑29 amdt 4.17

   Applications for review

   s 142Cins A2008‑36 amdt 1.62

   am A2025‑29 amdt 4.17

   Powers of ACAT

   pt 9B hdgins A2008‑36 amdt 1.62

   Powers of ACAT—proposed buildings etc forming part of development

   s 142Dins A2008‑36 amdt 1.62

   Sustainability guidelines

   s 143am A2011‑3 amdt 3.79; A2025‑29 amdt 4.17

   Giving copies of documents

   s 145am A2019‑48 s 20

   Review by AAT

   s 146om A2008‑37 amdt 1.51

   Recovery of costs of work carried out by inspector

   s 147am A2022‑14 amdt 3.15

   Evidentiary certificates

   s 148am A2008‑36 amdt 1.63; A2011‑48 amdt 1.7

   Review by AAT

   s 146sub A2007‑26 amdt 1.71

   Recovery of costs of work carried out by inspector

   s 147am A2015‑42 s 11

   Legal liability for acts of registrar etc

   s 149am A2022‑14 amdt 3.16

   Determination of fees

   s 150am A2011‑3 amdt 3.79; A2025‑29 amdt 4.17

   Approved forms

   s 151am A2011‑3 amdt 3.79; A2025‑29 amdt 4.17

   Applying, adopting or incorporating documents in regulations

   s 151Ains A2025-5 s 8

   am A2025‑29 amdt 3.33, amdt 3.34; pars renum R53 LA

   Regulation-making power

   s 152am A2007‑26 amdt 1.72, amdt 1.73; ss renum R10 LA; A2010‑24 s 22; A2015‑12 s 18, s 19; A2025-5 s 9; ss renum R52 LA; A2025‑29 amdt 4.17

   Transitional

   pt 11 hdgexp 1 September 2006 (s 180)

   Definitions for pt 11

   s 153exp 1 September 2006 (s 180)

   Things required to be given to building controller or deputy

   s 154exp 1 September 2006 (s 180)

   Application of Act to Territory building work contracted before 1 July 2001

   s 155exp 1 September 2006 (s 180)

   Exempt buildings

   s 156exp 1 September 2006 (s 180)

   Certifiers

   s 157exp 1 September 2006 (s 180)

   Application to building work whenever happening

   s 158exp 1 September 2006 (s 180)

   Application to contraventions of Act whenever happening

   s 159exp 1 September 2006 (s 180)

   Requirements to do things by times

   s 160exp 1 September 2006 (s 180)

   Canberra Sewerage and Water Supply Regulations

   s 161exp 1 September 2006 (s 180)

   Government buildings—application for fitness certificate

   s 162exp 1 September 2006 (s 180)

   Occupation and use of buildings

   s 163exp 1 September 2006 (s 180)

   Meaning of builder for pt 6

   s 164exp 1 September 2006 (s 180)

   Certificate of regularisation

   s 164Ains as mod SL2004‑46 reg 5

   om as mod A2005‑34 amdt 1.21

   ins A2005‑34 amdt 1.13

   exp 1 September 2006 (s 180)

   Application of s 88 (2) (b)

   s 164Bins as mod SL2004‑46 reg 5

   om as mod A2005‑34 amdt 1.21

   Prudential standards

   s 164Cins as mod SL2004‑46 reg 5

   exp 1 September 2006 (s 180)

   Building inspectors and identity cards

   s 165exp 1 September 2006 (s 180)

   Approved scheme

   s 166exp 1 September 2006 (s 180)

   Existing auditors and actuaries

   s 167exp 1 September 2006 (s 180)

   Application for approval of appointment

   s 168exp 1 September 2006 (s 180)

   Giving information under s 118

   s 169exp 1 September 2006 (s 180)

   Inspection powers

   s 170exp 1 September 2006 (s 180)

   Previously authorised required work

   s 171exp 1 September 2006 (s 180)

   Australian Capital Territory Appendix to the Building Code of Australia

   s 172am A2005‑34 amdt 1.14, amdt 1.15

   exp 27 July 2005 (s 172 (3))

   Meaning of building work for pt 9

   s 173exp 1 September 2006 (s 180)

   Limitation of liability for building actions

   s 174exp 1 September 2006 (s 180)

   Evidentiary certificates—s 148 (1) (c)

   s 175exp 1 September 2006 (s 180)

   Evidentiary certificates—s 148 (1) (f)

   s 176exp 1 September 2006 (s 180)

   Building Regulations 2004

   s 177exp 1 September 2004 (s 177 (5))

   Building (Bushfire Emergency) Regulations 2004

   s 178exp 1 September 2004 (s 178 (5))

   Regulations modifying pt 11

   s 179exp 1 September 2006 (s 180)

   Expiry of pt 11

   s 180exp 1 September 2006 (s 180)

   Repeals

   pt 12 hdgom LA s 89 (3)

   Legislation repealed

   s 181om LA s 89 (3)

   Transitional—Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010

   pt 15 hdgins A2010‑24 s 23

   exp 8 July 2013 (s 202)

   Meaning of commencement day—pt 15

   s 200ins A2010‑24 s 23

   exp 8 July 2013 (s 202)

   Transitional regulations

   s 201ins A2010‑24 s 23

   exp 8 July 2013 (s 202)

   Expiry—pt 15

   s 202ins A2010‑24 s 23

   exp 8 July 2013 (s 202)

   New Building Regulations

   sch 1om R1 LA

   New Building (Bushfire Emergency) Regulations

   sch 2om R1 LA

   Dictionary

   dictam A2008‑36 amdt 1.64; A2009‑20 amdt 3.22; A2010‑18 amdt 1.5; A2010‑24 s 24; A2015‑33 amdt 1.24; A2020‑16 amdt 1.8; A2020‑25 s 6; A2023-36 amdt 1.25; A2025‑29 amdt 3.35, amdt 3.36

   def access point ins A2023‑46 s 9

   defactuary am A2016‑44 s 38

   def administrator ins A2020‑25 s 7

   defapproval criteria am A2016‑44 s 38

   defapproved scheme am A2016‑44 s 38

   def asbestos ins A2014‑53 s 7

   def asbestos advice ins A2006‑16 amdt 1.18

   om A2013‑19 amdt 3.16

   def asbestos assessment report ins A2006‑16 amdt 1.18

   def asbestos code ins A2006‑16 amdt 1.18

   om A2015‑12 s 20

   def asbestos removal control plan ins A2006‑16 amdt 1.18

   am A2015‑12 s 21

   def authorised person ins A2023‑46 s 9

   def bonded asbestos ins A2006‑16 amdt 1.18

   om A2011‑3 amdt 3.78

   defbuilder am A2016‑44 s 38

   defbuilding am A2016‑44 s 38

   def building practitioner ins A2020‑25 s 7

   def building-surveyor ins A2010‑24 s 25

   defbuilding work am A2016‑44 s 38

   def certifier am A2007‑26 amdt 1.74

   def completion day am A2013‑19 amdt 3.17; A2016‑44 s 38

   def compliance certificate ins A2023‑46 s 9

   defcomplying residential building work insurance am A2016‑44 s 38

   def consumer representative ins A2023‑55 s 19

   defcost am A2016‑44 s 38

   def custodian ins A2015‑42 s 12

   def decision-maker ins A2008‑36 amdt 1.65

   def demolition order ins A2015‑42 s 12

   def developer ins A2020‑25 s 7

   def development ins A2007‑26 amdt 1.75

   sub A2023-36 amdt 1.26

   def development approval ins A2007‑26 amdt 1.76

   sub A2023-36 amdt 1.26

   def dispute resolution officer ins A2020‑25 s 7

   def disturbs ins A2006‑16 amdt 1.18

   def easement am A2015‑42 s 13

   def eligible entity ins A2007‑26 amdt 1.77

   am A2013‑19 amdt 3.18

   def eligible person om A2007‑26 amdt 1.77

   def energy efficiency certificate ins A2010‑32 s 9

   def exemption-assessment ins A2010‑24 s 25

   def exemption-assessment B notice ins A2010‑24 s 25

   def exemption-assessment D notice ins A2010‑24 s 25

   sub A2023-36 amdt 1.26

   def exemption certificate ins A2023‑46 s 9

   deffidelity certificate am A2016‑44 s 38

   deffidelity fund scheme am A2016‑44 s 38

   def friable asbestos ins A2006‑16 amdt 1.18

   sub A2014‑53 s 8

   def handling ins A2006‑16 amdt 1.18

   def information ins A2007‑26 amdt 1.78

   def insurable residential building ins A2016‑44 s 35

   def insurable residential building work ins A2016‑44 s 35

   def land ins A2007‑26 amdt 1.79

   am A2013‑3 amdt 2.1; A2023-36 amdt 1.27

   def Land Act om A2007‑26 amdt 1.80

   def land sublease ins A2015‑19 s 4

   sub A2023-36 amdt 1.28

   def lease sub A2007‑26 amdt 1.80; A2023-36 amdt 1.28

   def Ministerial exemption ins A2023‑46 s 9

   def minor maintenance work ins A2006‑16 amdt 1.18

   om A2007‑26 amdt 1.81

   def occupier ins A2023‑46 s 9

   def owner sub A2007‑26 amdt 1.82

   am A2013‑3 amdt 2.2; A2013‑31 s 20; A2015‑19 s 5; A2023-36 amdt 1.29

   sub A2023‑46 s 10

   def parcel ins A2015‑19 s 6

   def premises ins A2006‑16 amdt 1.18

   defprudential standards am A2016‑44 s 38

   def recognised standard ins A2006‑15 amdt 1.5

   am A2025-5 s 10

   def regulated swimming pool ins A2023‑46 s 11

   def related building activity ins A2020‑25 s 7

   def removal om A2013‑19 amdt 3.19

   defresidential building am A2016‑44 s 38

   sub A2020‑25 s 8

   def residential building dispute ins A2020‑25 s 9

   def residential building matter ins A2020‑25 s 9

   defresidential building work am A2016‑44 s 38

   sub A2020‑25 s 10

   def residential building work contract ins A2016‑44 s 36

   sub A2020‑25 s 10

   def reviewable decision ins A2008‑36 amdt 1.65

   def safety barrier ins A2023‑46 s 11

   def safety standards ins A2023‑46 s 11

   def site work ins A2007‑26 amdt 1.83

   def site work notice ins A2014‑45 s 9

   def special actuary am A2013‑19 amdt 3.20; A2016‑44 s 38

   def stage sub A2007‑26 amdt 1.84

   def standing exemption ins A2023‑46 s 11

   defstorey am A2016‑44 s 38

   def technical building assessor ins A2020‑25 s 11

1. 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.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Sept 2004	1 Sept 2004– 1 Sept 2004	A2004‑66	new Act and amendments by A2004‑15, A2004‑28 and A2004‑66
R2 2 Sept 2004	2 Sept 2004– 8 Sept 2004	A2004‑66	commenced expiry
R3 9 Sept 2004	9 Sept 2004– 1 June 2005	A2004‑66	modifications by SL2004‑34 as amended by SL2004‑46
R4 2 June 2005	2 June 2005– 26 July 2005	A2005‑20	amendments by A2005‑20
R5 27 July 2005	27 July 2005– 27 July 2005	A2005‑34	amendments by A2005‑34
R6 28 July 2005	28 July 2005– 30 June 2006	A2005‑34	commenced expiry
R7 1 July 2006	1 July 2006– 31 Aug 2006	A2006‑24	amendments by A2006‑16 as amended by A2006‑24
R8 1 Sept 2006	1 Sept 2006– 1 Sept 2006	A2006‑24	amendments by A2006‑15
R9 2 Sept 2006	2 Sept 2006– 30 Mar 2008	A2006‑24	commenced expiry
R10* 31 Mar 2008	31 Mar 2008– 1 Feb 2009	A2007‑26	amendments by A2007‑26
R11 2 Feb 2009	2 Feb 2009– 21 Sept 2009	A2008‑37	amendments by A2008‑36 and A2008‑37
R12 22 Sept 2009	22 Sept 2009– 2 June 2010	A2009‑20	amendments by A2009‑20
R13 3 June 2010	3 June 2010– 28 Feb 2011	A2010‑18	amendments by A2010‑18
R14 1 Mar 2011	1 Mar 2011– 7 July 2011	A2011‑3	amendments by A2010‑32 and A2011‑3
R15 8 July 2011	8 July 2011– 29 Feb 2012	A2011‑23	amendments by A2010‑24 and A2011‑23
R16 1 Mar 2012	1 Mar 2012– 28 May 2012	A2011‑48	amendments by A2011‑48
R17 29 May 2012	29 May 2012– 30 June 2012	A2012‑23	amendments by A2012‑23
R18 1 July 2012	1 July 2012– 21 May 2013	A2012‑23	amendments by A2011‑54
R19 22 May 2013	22 May 2013– 13 June 2013	A2013‑15	amendments by A2013‑15
R20 14 June 2013	14 June 2013– 30 June 2013	A2013‑19	amendments by A2013‑19
R21 1 July 2013	1 July 2013– 8 July 2013	A2013‑19	amendments by A2013‑3
R22 9 July 2013	9 July 2013– 26 Aug 2013	A2013‑19	expiry of transitional provisions (pt 15)
R23 27 Aug 2013	27 Aug 2013– 31 Aug 2013	A2013‑31	amendments by A2013‑31
R24* 1 Sept 2013	1 Sept 2013– 5 Mar 2014	A2013‑31	amendments by A2013‑31
R25 6 Mar 2014	6 Mar 2014– 26 May 2014	A2014‑2	amendments by A2014‑2
R26 27 May 2014	27 May 2014– 5 Nov 2014	A2014‑23	amendments by A2014‑23
R27 6 Nov 2014	6 Nov 2014– 31 Dec 2014	A2014‑45	amendments by A2014‑45
R28 1 Jan 2015	1 Jan 2015– 20 May 2015	A2014-53	amendments by A2015-53
R29 21 May 2015	21 May 2015– 30 June 2015	A2015-12	amendments by A2015-12
R30 1 July 2015	1 July 2015– 13 Oct 2015	A2015‑19	amendments by A2015‑19
R31 14 Oct 2015	14 Oct 2015– 12 Nov 2015	A2015‑33	amendments by A2015‑33
R32 13 Nov 2015	13 Nov 2015– 8 Dec 2015	A2015-42	amendments by A2015-42
R33 9 Dec 2015	9 Dec 2015– 26 Apr 2016	A2015‑50	amendments by A2015‑50
R34 27 Apr 2016	27 Apr 2016– 19 Aug 2016	A2016‑18	amendments by A2016‑18
R35 20 Aug 2016	20 Aug 2016– 17 Aug 2017	A2016‑44	amendments by A2016‑44
R36 18 Aug 2017	18 Aug 2017– 16 May 2018	A2016‑44	amendments by A2016‑44
R37 17 May 2018	17 May 2018– 22 Oct 2018	A2018-16	amendments by A2018-16
R38 23 Oct 2018	23 Oct 2018– 9 Dec 2019	A2018‑33	amendments by A2018‑33
R39 10 Dec 2019	10 Dec 2019– 31 May 2020	A2019-48	amendments by A2019-48
R40 1 June 2020	1 June 2020– 24 June 2020	A2020‑16	amendments by A2020‑16
R41 25 June 2020	25 June 2020– 30 June 2020	A2020‑25	amendments by A2020‑25
R42 1 July 2020	1 July 2020– 23 June 2022	A2020‑25	amendments by A2020-20
R43 24 June 2022	24 June 2022– 23 Aug 2022	A2020‑25	amendments by A2020‑25
R44 24 Aug 2022	24 Aug 2022– 26 Nov 2023	A2022‑14	amendments by A2022‑14
R45 27 Nov 2023	27 Nov 2023– 11 Dec 2023	A2023‑36	amendments by A2023‑36
R46 12 Dec 2023	12 Dec 2023– 14 Jan 2024	A2023‑55	amendments by A2023‑55
R47 15 Jan 2024	15 Jan 2024– 30 Apr 2024	A2023‑55	amendments by A2023‑55
R48 1 May 2024	1 May 2024– 22 Aug 2024	A2023‑55	amendments by A2023‑46
R49 23 Aug 2024	23 Aug 2024– 10 Dec 2024	A2023‑55	amendments by A2023‑55
R50 11 Dec 2024	11 Dec 2024– 5 Mar 2025	A2023‑55	amendments by A2023‑55
R51 6 Mar 2025	6 Mar 2025– 31 Mar 2025	A2023‑55	amendments by A2023-8 as amended by A2023-20 and A2024‑21
R52 1 Apr 2025	1 Apr 2025– 15 Nov 2025	A2025‑5	amendments by A2025‑5

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.