Building (General) Amendment Regulation 2024 (No 2) (ACT)
Building (General) Amendment Regulation 2024 (No 2)
Subordinate Law SL2024-25
The Australian Capital Territory Executive makes the following regulation under the Building Act 2004.
Dated 4 September 2024.
ANDREW BARR
Chief Minister
REBECCA VASSAROTTI
Minister
Building (General) Amendment Regulation 2024 (No 2)
Subordinate Law SL2024-25
made under the
Building Act 2004
Name of regulation
This regulation is the Building (General) Amendment Regulation 2024 (No 2).
Commencement
(1)Sections 3, 7 and 8 commence on 1 January 2025.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)The remaining provisions commence on 1 July 2025.
Legislation amended
This regulation amends the Building (General) Regulation 2008.
New section 33AA
before section 33A, insert
33AAPublic servant to attend stage inspections—Act, s 44 (1A)
(1)The construction occupations registrar must, in writing, nominate at least 1 public servant as a public servant who may attend an inspection of stages of building work.
Note 1A nominated public servant may also prepare reports about compliance with guidelines made under the Act, section 139BA and applications for certificates of occupancy (see s 35AA).
Note 2Power to make a nomination includes power to make different provision in relation to different matters or different classes of matters, and to make a nomination that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(2)Before nominating a public servant, the construction occupations registrar must be satisfied the public servant has adequate knowledge and experience to prepare a report under the following provisions:
(a)subsection (3) (b);
(b)section 35AA (1) (b);
(c)section 35AA (1) (c).
(3)For an inspection of a stage of building work—
(a)a nominated public servant may attend all or part of the inspection; and
(b)if a nominated public servant attends the inspection, they must—
(i)prepare a written report about the inspection; and
(ii)give the report to the construction occupations registrar as soon as practicable after the inspection.
New section 35AA
insert
35AACertificates of occupancy—consideration of reports—Act, s 69 (4) (a)
(1)The following reports are prescribed:
(a)each report given to the construction occupations registrar under section 33AA (3) (b) (ii);
(b)if guidelines have been made under the Act, section 139BA—a written report by a nominated public servant setting out the extent to which the building work meets the standards set out in the guidelines;
(c)for a class 2 building—a written report by a nominated public servant giving advice about the application for a certificate of occupancy, including about the following:
(i)the extent to which the building has been completed in accordance, or substantially in accordance, with the prescribed requirements for the building work;
(ii)the extent to which the building as erected or as altered is fit for occupation and use as a building of the class stated in the approved plans for the building work;
(iii)if the building work was carried out other than in accordance, or substantially in accordance, with the approved plans for the building work—
(A)the way in which the building work is inconsistent with the approved plans for the building work; and
(B)the impact, if any, of the inconsistency.
(2)In this section:
nominated public servant means a public servant nominated under section 33AA (1).
Section 35B heading
substitute
35BCertificates of occupancy—requirements if deferral arrangement applies—Act, s 69 (4) (b)
Section 39
omit
$85 000
substitute
$200 000
Section 41
omit
90 days
substitute
180 days
Dictionary, note 2
insert
· public servant
Endnotes
Notification
Notified under the Legislation Act on 9 September 2024.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2024
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