Building Regulations 1993 (NT)
NORTHERN TERRITORY OF AUSTRALIA
BUILDING REGULATIONS 1993
As in force at 31 January 2022
NORTHERN TERRITORY OF AUSTRALIA
As in force at 31 January 2022
BUILDING REGULATIONS 1993
Regulations under the Building Act 1993
These regulations may be cited as the
(1) In these regulations:
affected part , for Part 2, Division 2, see regulation 5A.approved Class 1a Building , see regulation 36C(1).approved rural land , see regulation 36A.Building Code means the Building Code of Australia set out in Volume One and Volume Two of the National Construction Code Series.building contractor residential (restricted) means a building practitioner registered in the category of building contractor residential (restricted).building contractor residential (unrestricted) means a building practitioner registered in the category of building contractor residential (unrestricted).Class 2 building , for regulation 15A and Part 11A, includes:(a) a building consisting only of one or more storeys that may be classified under the Building Code as a Class 2 building because of Part A6.0, Exemption 1, of the Code; and
(b) a building consisting only of:
(i) one or more storeys that are Class 2 buildings; and
(ii) one or more storeys that are Class 7a buildings for the sole use of the residents of, and visitors to, the Class 2 buildings.
completed building work , for Part 3A, means the building work specified in regulation 20A(1) and completed as specified in regulation 20A(2).drawings , of a building, include a site plan and floor plan of, and elevations for, the building.effective height has the same meaning as in Volume 1, Schedule 3 of the Building Code.existing , for Part 2, Division 2, see regulation 5A.flood prone area means a part of Territory specified in Schedule 4.independent review engineer , see regulation 15AC.National Construction Code Series means the National Construction Code Series, published by the Australian Building Codes Board, as in force from time to time.natural disaster includes flood, bushfire and tropical cyclone.net assets , see regulation 39B(1).net assets certificate , see regulation 39C(1).new part , for Part 2, Division 2, see regulation 5A.original building status , of an approved Class 1a Building, see regulation 36C(1)(e).original site , of an approved Class 1a Building, see regulation 36A.performance requirement has the same meaning as in Volume 1, Schedule 3 of the Building Code.performance solution: (a) for regulation 4A – see regulation 4A(2); or
(b) otherwise – has the same meaning as in Volume 1, Schedule 3 of the Building Code.
pergola does not include a building that has a roof or sides that are impermeable to the wind.planning scheme , see section 3(1) of thePlanning Act 1999 .Plumbing Code means the Plumbing Code of Australia set out in Volume Three of the National Construction Code Series.post-relocation building work , for an approved Class 1a Building, see regulation 36A.prescribed building contractor ,for Part 11A, Divisions 2 and 2A, means a building contractor prescribed by regulation 41F.prescribed building work , for Part 11A, Divisions 2 and 2A, means work prescribed by regulation 41G.prescribed fee means a fee prescribed under regulation 2A.progress payment agreement , for Part 11A, Division 2, means an agreement under a residential building contract mentioned in regulation 41HB(1).relevant building law , in relation to a building, means the law (including codes and standards under the law) in force in the Territory that, at the time of the erection of the building, regulated the building work carried out for the erection.significant and complex building , see regulation 15AA.significant and complex building work , see regulation 15AB.standard progress payments , for Part 11A, Division 2, means the standard progress payments under a residential building contract mentioned in regulation 41HA(1).(2) For these Regulations the erection of a building that has been removed and transported from another site or another location on the same site is taken to be the erection of a building.
(2A) However, subregulation (2) does not apply to the erection of an approved Class 1a Building on approved rural land.
(3) A reference in these Regulations to a building as a building of a particular Class is a reference to a building of that Class as specified under the classification in Part A6 of the Building Code.
(4) In reckoning time for these Regulations public holidays, Saturdays and Sundays are excluded.
Schedule 1 prescribes the fees payable for the matters it specifies.
(1) These regulations do not apply to:
(a) temporary offices and sheds used by builders on or about the site of any building on which building work is being carried out or used by contractors in carrying out works for any public authority on or about the site of the work and used exclusively for the purposes of that building or work; or
(b) any building classified as a Class 10 Building to which electrical, plumbing or drainage services are not provided and that is:
(i) situated not less than 40 m from any boundary of the allotment on which it stands or is to be constructed, has an aggregate roof area not exceeding 12 m
2 and is not more than 2100 mm in height above the mean natural ground level of its site; or(ii) situated not less than 70 m from any boundary of the allotment on which it stands or is to be constructed, has an aggregate roof area not exceeding 30 m
2 and is not more than 2400 mm in height above the mean natural ground level of its site; or
(c) a fence that offers minimal resistance to wind loading such as a chain mesh or a similar kind of fence and in any event a fence that does not exceed a height of 1m; or
(d) a pergola that has an area not exceeding 30 m² and that is not less than 50 mm from a building to which these Regulations apply and that is not attached or connected in any way to any building; or
(e) minor plumbing maintenance work such as the replacement of a component by a similar component but not including drainage work.
(2) Sections 55 and 65 of the Act do not apply to or in relation to:
(a) any building classified as a Class 10 Building that is of a type approved by the Director and is constructed in accordance with that approval;
(b) plumbing or drainage work that is not done in connection with or incidentally to other building work if:
(i) notice of the work undertaken is given to the Director not later than 7 days after the work is carried out; and
(ii) the notice is accompanied by a certificate in the approved form of the relevant building practitioner that the work conforms to the relevant code or standard.
3B Exemption from section 62 of the Act
Section 62 of the Act does not apply to a public authority.
(1) Subject to these Regulations, the following apply to any building that can be classified according to use under Part A6 of the Building Code and to any building work referred to in the Act or in the Building Code:
(a) the Building Code;
(b) the Plumbing Code;
(c) the
Code of Practice for Wastewater Management , published by the Department of Health and approved by the Chief Health Officer on 4 November 2020, as amended from time to time.
(2) Subject to the Act, building work must conform with these Regulations but where the Director is of the opinion that any building work consists only of minor work and does not adversely affect the safety of persons accommodated in or resorting to a building or property in or in the vicinity of a building the Director may determine that these Regulations, or such of the provisions of these Regulations as are specified by the Director, do not or does not apply, as relevant, in relation to such work and any such determination has effect accordingly.
(1) Only a certifying engineer (hydraulic) may:
(a) design a performance solution for plumbing and drainage work; and
(b) certify plumbing and drainage work carried out under a performance solution.
(2) In this regulation:
performance solution has the same meaning as in Schedule 3 of the Plumbing Code.plumbing and drainage work means work for, or in connection with, the plumbing and drainage services mentioned in paragraph (b) of the definition ofbuilding work in section 4 of the Act.
(1) The following persons or bodies are prescribed as accrediting persons or bodies for the purposes of section 53 of the Act:
(a) the Australian Building Codes Board;
(aa) a person or body duly authorised under the CodeMark scheme administered by the Australian Building Codes Board;
(b) the Building Advisory Committee established under section 9 of the Act;
(c) the Standards Association of Australia;
(d) the Power and Water Corporation established by the
Power and Water Corporation Act 1987 .
(2) A person or body referred to in subregulation (1) may issue certificates of accreditation in relation to building products, construction methods, designs, components and systems accredited by the person or body.
(3) A certificate of accreditation issued under subregulation (2) shall be in the form approved by the Director.
In this Division:
(a) the principal pedestrian entrance of the building; and
(b) any part of the building that is necessary to provide a continuous accessible path of travel from that entrance to the proposed new part.
(a) that is to be extended or modified; and
(b) for which an application for a building permit for the building work for the construction mentioned in paragraph (a) was made on or after 1 May 2011.
For section 129B(1)(b) of the Act, the following provisions of the Building Code, as adopted by regulation 4(1), are prescribed for Part 10A of the Act:
(a) Section D (Access and Egress);
(b) Part E3 (Lift Installations);
(c) Part F2 (Sanitary and Other Facilities).
(1) A disability access provision applies in relation to a building, or land on which a building is to be constructed, subject to this regulation and the concessions and exemption specified in this Division.
(2) Despite anything to the contrary in the Building Code, a disability access provision does not apply to:
(a) a new part of a Class 1b building if:
(i) the building has fewer than 4 bedrooms that are used for rental accommodation; and
(ii) the building was constructed before 1 May 2011 or an application for a building permit for the construction of the building was made before that date; or
(b) a new part of a Class 2 building if the building was constructed before 1 May 2011 or an application for a building permit for the construction of the building was made before that date; or
(c) the internal parts of a sole-occupancy unit in a Class 2 building; or
(d) a Class 4 building; or
(e) a Class 10 building or a new part of a Class 10 building or an affected part of a Class 10 building that is associated with:
(i) a Class 1a building; or
(ii) a Class 4 part of a building.
(3) Subject to subregulation (4), if an existing building is to contain a new part that is required to comply with a disability access provision, any affected part of the building is also required to be brought into compliance with the disability access provision.
(4) Despite anything to the contrary in these Regulations, a disability access provision does not apply to an affected part of a building if:
(a) parts of the building are leased to different persons; and
(b) one of the persons is responsible for building work to be carried out in relation to the new part of the building; and
(c) the new part is leased to that person.
5D Passenger lift concession (1) This regulation applies in relation to the deemed-to-satisfy provision in the Building Code, Part E, Table E3.6(b), requiring a passenger lift that travels more than 12 m to have a lift floor dimension of not less than 1 400 mm x 1 600 mm.
(2) The deemed-to-satisfy provision does not apply to an existing passenger lift that:
(a) is located in a new part or an affected part of an existing building; and
(b) has a lift floor dimension of no less than 1 100 mm x 1 400 mm.
5E Toilet concession (1) This regulation applies in relation to the requirements in the Building Code, Part F2.4(c) and (e), to the extent that they require compliance with AS1428.1-2009
Design for access and mobility Part 1:General requirements for access –New building work .(2) The requirements do not apply to an existing accessible sanitary compartment, or an existing sanitary compartment suitable for use by people with a disability, that:
(a) is located in a new part or an affected part of a building; and
(b) complies with AS1428.1-2001
Design for access and mobility Part 1:General requirements for access – New building work .
(3) In this regulation:
AS , followed by a designation, means the Australian Standard having that designation.Australian Standard means a standard published by Standards Australia Limited ABN 85 087 326 690, as in force from time to time.
(1) If a person has been granted a public transport building exemption by the Australian Human Rights Commission under Part 5 of the Commonwealth Disability Access Standards, the exemption applies regardless of anything to the contrary in these Regulations.
(2) In subregulation (1):
Commonwealth Disability Access Standards means theDisability (Access to Premises – Buildings) Standards 2010 (Cth).public transport building exemption means an exemption from all or part of Part H2 of the Schedule to the Commonwealth Disability Access Standards.
An application for a building permit must be accompanied by:
(a) drawings showing the plan and proposed usage at each floor level, elevations, sections and dimensions of the building, the sizes and locations of structural members to a scale of not less than 1:100; and
(b) drawings containing sufficient detail and at a scale appropriate to the work carried out or to be carried out to show the plumbing and drainage work to be carried out; and
(c) drawings to a scale of not less than 1:500 showing:
(i) the boundaries and dimensions of the allotment, relevant easements and adjacent streets; and
(ii) the position and dimension of the building and the relationship of the building to the boundaries of the allotment, existing buildings on the allotment and adjoining allotments together with details of the purposes for which the buildings are to be used; and
(iii) the levels of the site and of the floors of the building in relation to an adjoining street channel, if any; and
(d) in relation to an alteration or modification of a building – a statement that describes the purposes for which the building has been used and is to be used.
The time within which additional information is required to be supplied by an applicant for a building permit is the time specified by the building certifier or 40 days, whichever is the greater.
(1) A person or body specified in Schedule 2, column 1:
(a) is a reporting authority in relation to the class of buildings or building work specified opposite the person or body in Schedule 2, column 2; and
(b) is to report about the matters specified opposite the class of building or building work in Schedule 2, column 3, that are relevant to the buildings or building work the subject of a request for a report or consent.
(2) If a report is required from a reporting authority, the building certifier must supply the reporting authority with sufficient detailed drawings and other information to enable the reporting authority to properly consider the matter.
(3) Subregulation (1) does not affect any consent or approval required to be given in relation to a building or building work under any other Act.
A reporting authority is taken to have supplied a report in relation to an application for a building permit if the report is not supplied within 10 days of the receipt of the request for the report by the reporting authority.
The time within which a building certifier must decide an application for a building permit is:
(a) if additional information is not required by the building certifier under section 58 of the Act – 20 days from the day that a completed application is made to the building certifier; or
(b) if additional information is required by the building certifier under section 58 of the Act – 20 days from the day that all the additional information required by the building certifier is supplied to the building certifier.
(1) The following consents and approvals are prescribed for section 59(1)(b) of the Act:
(a) if the proposed building is to be constructed on Crown land or the building work is proposed to be carried out on Crown land – the approval of the person or body administering the land;
(b) the approval of any person or body having a right under law to an easement over the land on which or adjacent to which the building is to be constructed or building work is to be carried out;
(c) if the building work is to be carried out in relation to a heritage place or object under the
Heritage Act 2011 – the Minister responsible for the administration of that Act.
(2) The following conditions are prescribed for section 59(1)(c) of the Act:
(a) any condition imposed on a permit in force under the
Planning Act 1999 ;(b) any condition imposed by a covenant or encumbrance on the title of the land on which the building work is to be carried out.
12 Historic buildings The person specified as the person for the purpose of section 60 of the Act in relation to historic buildings is the Minister responsible for the administration of the
Heritage Act 2011 .
(1) This regulation applies if a building permit relates to building work:
(a) involving a performance solution for a disability access provision; or
(b) in relation to which the Appeals Board has made a disability access decision.
(2) The building permit must include a statement about the performance solution or making of the decision.
Note for regulation 12A(2) See also regulation 14(1)(h) in relation to the disability access decision.
(1) A building permit is valid for a period of 2 years commencing from the date on which it is granted.
(2) The time referred to in subregulation (1) may be extended if an application for that purpose is made to the building certifier before the expiration of the time for which the building permit is valid.
(3) Any extension of time granted under subregulation (2) must be notified to the Director and the notification must include the reasons for which the extension is granted.
(4) If a building permit lapses solely because of a prescribed event, and the person granted the permit makes an application under section 73C of the Act, the time referred to in subregulation (1) is taken to have been extended for a period decided by the Director and notified to the applicant during consideration of the application.
(1) For section 42(1)(c)(ii) of the Act, the building certifier must give copies of the following documents to the Director on the grant of a building permit:
(a) the application;
(b) any drawings of the building work to be carried out that form part of the permit;
(c) a schedule of the inspections of the work that the certifier proposes to carry out under section 63 of the Act, including at the inspection stages prescribed by regulation 15A;
(d) any certificates mentioned in section 40 of the Act on which the building certifier has relied in granting the permit;
(e) if there is a residential building contract for the building work to be carried out under the building permit:
(i) a document providing evidence of the contract; and
(ii) the RBI policy document or fidelity certificate in force for the building work;
(f) any relevant planning or other prescribed consents, reports and approvals mentioned in section 59(1)(b) of the Act;
(g) any other certificates, consents, reports, approvals or documents relied on by the building certifier in granting the permit;
(h) if the building work is to be carried out by an owner-builder – the owner-builder certificate in force for the work;
(j) if the Appeals Board has made a disability access decision in relation to the work – that decision.
(2) If a building certifier grants a building permit under section 58A of the Act, the building certifier must provide copies of the following to the owner or the owner’s agent:
(a) the application;
(b) any drawings of the building work to be carried out that form part of the permit;
(c) any certificates mentioned in section 40 of the Act on which the building certifier has relied in granting the permit;
(d) the building permit.
15 Access to records The owner, or the agent of the owner, of a building in relation to which a building permit has been granted may:
(a) inspect a copy of the drawings and documents referred to in regulation 14 at the office of the person or body that has approved the application or at the office of the Director; and
(b) request the person or body by whom any application has been granted to stamp or endorse one or more copies of the drawings and documents as evidence of that approval and any such request must be complied with on payment of a reasonable fee.
Part 2B Independent review of significant and complex buildings
(1) A
significant and complex building is a building that has 2 or more of the following characteristics:(a) a building that is intended to be any of the following:
(i) a building with an effective height of more than 25 m;
(ii) a building designed to use one or more performance solutions to demonstrate compliance with a performance requirement that relates to material or systems to be used for structural safety;
(iii) a building designed to use one or more performance solutions to demonstrate compliance with a performance requirement that relates to material or systems to be used for fire safety;
(iv) located in an area prone to natural disaster or subject to environmental conditions that are adverse to construction of buildings;
(b) a building that is classified as a Class 2 building and that has 3 or more storeys;
(c) a building that is intended to be occupied by more than 100 people concurrently;
(d) a building that is intended to be used as premises of any of the following:
(i) a health service within the meaning of section 9 of the
Health Service Act 2021 ;(ii) a provider of services as defined in section 2(1) of the
Disability Services Act 1993 ;(iii) a childcare service;
(iv) a retirement village or aged care facility.
(2) In addition to subregulation (1), a significant and complex building includes a building that is classified as having Building Importance Level 4 under the Building Code.
(3) In addition to subregulation (1), the Minister may, by
Gazette notice, determine a type of building to be a significant and complex building.
(1) Significant and complex building work is building work carried out as an alteration or modification to:(a) a significant and complex building; or
(b) a building that, if completed, would make the building a significant and complex building.
(2) In addition to subregulation (1), the Minister may, by
Gazette notice, determine a type of building work to be significant and complex building work.
An
(a) who is a building practitioner registered as a Certifying Engineer (Structural); and
(b) with a minimum of 10 years’ experience as a Certifying Engineer (Structural) or 10 years’ equivalent experience approved by the Practitioners Board; and
(c) with the status of Chartered Professional Engineer recognised by Engineers Australia or an equivalent professional association.
(1) For section 62(2) of the Act, the inspection stages for residential building work are those stages named and described in the table below that are relevant to the work.
1. | pre-pour | before pouring the footings, ground floor slab or other in situ concrete building element |
2. | frame | before covering the framework for floors, walls, roof or other building element |
3. | block wall | before pouring any reinforced masonry or block walls |
4. | fire separation | before covering walls, floors or ceilings, for the purpose of checking that fire resistance levels comply with the Building Code ( |
5. | wet area | before covering waterproofing in wet areas |
6. | Final | After completing the building work but before issuing occupancy certification in relation to the work |
(2) For subregulation (1), residential building work is work for or in connection with the construction of any of the following:
(a) a Class 1a building;
(b) a Class 2 building;
(c) a Class 10 building.
16 Drainage works to be notified The plumber or drainer carrying out drainage works must:
(a) notify the Director of the completion of drainage work prior to covering up those works; and
(b) stop carrying out those works if directed to do so by the Director.
Division 2 Occupancy certification
For Schedule 3, clause 7 of the Act, a reporting authority is taken to have supplied a report in relation to an application for occupancy certification if the report is not supplied within 10 days of the date of the receipt of the request for the report by the reporting authority.
(1) This regulation applies if occupancy certification relates to building work:
(a) involving a performance solution for a disability access provision; or
(b) in relation to which the Appeals Board has made a disability access decision.
(2) The occupancy certification must include a statement about the performance solution or making of the disability access decision.
Note for regulation 18AA(2) See also regulations 18A(e) and 19F(1)(d) in relation to disability access decisions.
(1) For Schedule 3, clause 9(1) of the Act, the time within which a building certifier must determine an application for occupancy certification (other than a certificate of existence) is 20 days from the day on which the completed application is made to the certifier.
(2) For Schedule 3, clause 9(3) of the Act, the time within which a building certifier must make a recommendation under section 72E of the Act in relation to a certificate of existence is 25 days from the day on which the completed application for the certificate of existence is made to the certifier.
For Schedule 3, clause 9(4) of the Act, the time within which the Director must determine whether to grant a certificate of existence is a reasonable period of time from the day on which the recommendation in relation to the certificate is lodged with the Director.
(1) This regulation applies to any building, whether constructed before or after the commencement of these Regulations.
(2) The use of a building must not be changed to another use unless the change has been approved by a building certifier.
(3) The owner of a building or the owner’s agent must apply in writing to a building certifier to change the use of the building to another proposed use specified in the application.
(4) The building certifier must not approve the change of use of the building to the proposed use unless:
(a) the building conforms with the requirements of the Building Code applicable to the proposed use at the time the approval is given; and
(b) all relevant planning or other consents, reports or approvals (if any) required under the Act and these Regulations have been obtained or supplied; and
(c) all planning or other conditions, if any, have been complied with; and
(d) an occupancy permit or certificate of substantial compliance can be issued in relation to the building following the change of use.
(5) Upon approving the change of use, the building certifier must:
(a) revoke the existing occupancy certification granted in relation to the building; and
(b) prepare a new occupancy permit or certificate of substantial compliance in accordance with the Act and these Regulations in relation to the building; and
(c) grant the original of the occupancy permit or certificate of substantial compliance to the person who applied for the change of use; and
(d) forward a copy of the occupancy permit or certificate of substantial compliance to the Director.
18AE Consolidation of occupancy certification (1) This regulation applies if:
(a) more than one occupancy certification has been granted in relation to a building (the
initial certifications ); and(b) the initial certifications are all the same type of occupancy certification.
(2) A building certifier:
(a) may grant a consolidated occupancy certification of the same type as the initial certifications for the whole building; and
(b) if the certifier does so – must revoke the initial certifications.
Subdivision 2 Occupancy permits
For section 42(1)(c)(ii) of the Act, a building certifier must give copies of the following documents to the Director on the grant of an occupancy permit:
(b) the documents required to accompany the application for the permit under the Act or regulation 18B;
(c) evidence of compliance with any relevant planning or other consents and approvals mentioned in regulation 18B(1)(f);
(d) any other approvals, reports or other documents relied on by the building certifier in granting the permit that the certifier has not already provided under regulation 14(1);
(e) if the Appeals Board has made a disability access decision in relation to the building work – that decision, unless the decision was already provided under regulation 14(1)(j).
(1) For Schedule 3, clause 3 of the Act, the following documents are prescribed for an application for an occupancy permit in relation to building work:
(a) the builder’s declaration in relation to the building work;
(b) the certificates or other documents that relate to the manufacture and assembly off-site, or installation on-site, of any components of the building work by a person other than the person required to make the builder’s declaration for the work that a building certifier would reasonably require in order to issue the occupancy permit;
(c) a copy of each certificate relied on by the building certifier in accordance with section 40;
(d) a copy of each inspection certificate issued following inspections of the building work conducted under section 63(1) of the Act;
(e) if work to which section 69 of the
Electricity Reform Act 2000 applies was carried out in conjunction with the building work – a copy of the certificate of compliance required to be completed and signed under that Act;(f) a copy of each relevant planning or other prescribed consent, report or approval, if any.
Examples of certificates for subregulation (1)(b) 1 A manufacturer’s certificate for roof trusses. 2 A wet areas certificate. 3 A glazing certificate.
(2) For subregulation (1)(b), components of building work include the following:
(a) termite management systems;
(b) prefabricated roof trusses;
(c) wet area sealing products;
(d) prefabricated window and door frames;
(e) glazing;
(f) fire safety products or installations, including fire doors, smoke alarms, sprinklers and sprinkler systems, fire hose reels and sealing of penetrations.
18C Information to be included in occupancy permit For section 76B of the Act, an occupancy permit must specify the following:
(a) the classification of the building or part of the building to which it applies;
(b) if the building work to which the permit relates was building work to which Part 4A of the Act applied – that the building work was carried out by a building contractor and the name of the building contractor;
(c) if the building work to which the permit relates was building work to which Part 4B of the Act applied – that the building work was carried out by an owner‑builder and the name of the owner-builder.
Subdivision 3 Certificates of substantial compliance
For section 72B(1)(a) of the Act, all classes of buildings are prescribed.
(1) For section 42(1)(c)(ii) of the Act, copies of the following documents must accompany the copy of the certificate of substantial compliance provided to the Director:
(a) the documents required to accompany the application for the certificate under the Act or regulation 19B; and
(b) the documents specified in regulation 18A(c) to (e).
(2) For subregulation (1)(b), a reference in regulation 18A(c) to (e) to an occupancy permit is taken to include a reference to a certificate of substantial compliance.
For Schedule 3, clause 3 of the Act, the following documents are prescribed for an application for a certificate of substantial compliance in relation to building work:
(a) the documents specified in regulation 18B(1);
(b) if a document mentioned in paragraph (a) does not exist or is unable to be obtained – other documentation that demonstrates the building work to which the application relates complies with the relevant technical standards;
(c) if building work was constructed otherwise than in accordance with a building permit issued for the work – drawings that reflect the building work as constructed.
For section 76B of the Act, a certificate of substantial compliance must specify the following:
(a) the classification of the building or part of the building to which it applies;
(b) if the building work to which the certificate relates was building work to which Part 4A of the Act applied – that the building work was carried out by a building contractor and the name of the building contractor;
(c) if the building work to which the certificate relates was building work to which Part 4B of the Act applied – that the building work was carried out by an owner‑builder and the name of the owner-builder;
(d) if the building work to which the certificate relates does not comply with a requirement of the Act, the Regulations or the building permit for the work – details of each requirement and the non-compliance.
For section 72D(2)(a) of the Act, all classes of buildings are prescribed, other than buildings identified in the Building Code as Importance Level 3 or 4 buildings.
For section 72E(4)(c)(ii) of the Act, the existing building work must meet a reasonable level of safety, health and amenity.
(1) For Schedule 3, clause 3 of the Act, the following documents are prescribed for an application for a certificate of existence in relation to building work:
(a) drawings of:
(i) the existing building work; and
(ii) if relevant, the site on which the existing building work is located;
(b) documents demonstrating that the work meets the criteria mentioned in regulation 19E;
(c) a copy of any relevant planning or other consent, report, approval or notification related to the existing building work;
(d) if the Appeals Board has made a disability access decision in relation to the building work – that decision, unless the decision was already provided under regulation 14(1)(j).
20 Information to be included in certificate of existence For section 76B of the Act, a certificate of existence must specify the following:
(a) the classification of the building or part of the building to which it applies;
(b) the technical standards with which the building work carried out in or on the building complies.
Part 3A Declarations relating to particular building work
(1) This Part applies in relation to all building work carried out by a person under a building permit, except:
(a) prescribed building work to which section 48C of the Act applies; and
(b) building work to which section 48G of the Act applies.
(2) For this Part, a person completes building work under a building permit when the person completely ceases to carry out the building work specified in the building permit, regardless of whether the work is fully or partially completed.
(1) This regulation applies in relation to all completed building work that requires occupancy certification.
(2) The individual who carried out the completed building work or was in charge of carrying out the work must make a builder’s declaration in relation to the completed building work.
(3) The individual must make the builder’s declaration not later than 14 days after completing building work for a Class 1a, Class 2 or Class 10 building.
Maximum penalty: 80 penalty units.
(4) An individual who makes a builder’s declaration in relation to a Class of building mentioned in subregulation (3) must, not later than 14 days after completing the building work, give the declaration to the building certifier who granted the building permit for the work.
Maximum penalty: 8 penalty units.
Note for subregulations (2), (3) and (4) In relation to Class 3 to Class 9 buildings, subregulation (2) applies but no time limit is imposed under subregulation (3) or (4). (5) If the individual who carried out the completed building work or was in charge of carrying out the work was acting for a corporation and ceased to act after completing the work, the individual is not excused from making a builder’s declaration under this regulation in relation to the work.
(1) This regulation applies in relation to completed building work if a declaration under section 65(1A)(b) of the Act provides for it to apply.
(2) The individual who carried out the completed building work or was in charge of carrying out the work must make a declaration in accordance with regulation 20D(1) in relation to the work not later than 14 days after completing the work.
Maximum penalty: 80 penalty units.
(3) The individual must, not later than 14 days after completing the building work, give the declaration to the building certifier who granted the building permit for the work.
Maximum penalty: 8 penalty units.
(4) If the individual who carried out the completed building work or was in charge of carrying out the work was acting for a corporation and ceased to do so after completing the work, the individual is not excused from making a declaration in accordance with this regulation in relation to the work.
(5) A person must not occupy a building in or on which building work mentioned in subregulation (1) has been carried out unless a declaration mentioned in subregulation (2) has been made in relation to the completed building work.
Maximum penalty: 85 penalty units.
(6) Subregulation (5) does not apply if one of the following has been granted for the completed building work:
(a) a certificate of substantial compliance; or
(b) a certificate of existence.
20D Requirements for declaration under regulation 20C (1) A declaration made for regulation 20C must be in an approved form and include a statement that the building work to which it relates has been carried out in accordance with the building permit granted for the work.
(4) A person must not make a false statement in a declaration mentioned in subregulation (1).
Maximum penalty: 80 penalty units.
(5) A person who makes a declaration for a corporation under regulation 20E must not be prosecuted for an offence against subregulation (4) if the person made the declaration in good faith on the basis of information given to the person by the corporation.
(6) Subregulation (5) does not prevent the corporation, or a director of the corporation, from being prosecuted for an offence against subregulation (4).
(1) This regulation applies in relation to completed building work mentioned in regulation 20B or 20C if all of the following circumstances apply:
(a) the building work has been completed by a person acting for a corporation (the
responsible builder );(b) the responsible builder has failed to make a declaration under the regulation solely because of a prescribed event;
(c) the corporation is satisfied the building work was carried out by the responsible builder in accordance with the building permit granted for the work.
(2) For subregulation (1)(c), the corporation must:
(a) take all the steps necessary, within a reasonable time and using proper care and diligence, which may include engaging suitably qualified and experienced persons to inspect and give reports about the building work; and
(b) ensure other prescribed certification required for the building work carried out by the responsible builder has been obtained.
(3) As soon as practicable after the corporation has satisfied itself for subregulation (1)(c), it must:
(a) give the information it has relied on to an appropriate person; and
(b) ensure that a declaration is made under subregulation (4) and given to a building certifier as required by that subregulation.
Maximum penalty: 80 penalty units.
(4) Not later than 14 days after the appropriate person has been given the information under subregulation (3), the person must:
(a) make a builder’s declaration or a declaration in accordance with regulation 20D(1), as applicable, relating to the building work completed by the responsible builder; and
(b) include in the declaration details about:
(i) the prescribed event; and
(ii) the way in which the corporation has satisfied itself under subregulation (2); and
(c) give the declaration to the building certifier who granted the building permit for the work.
Note for subregulation (4) See section 69(5) of the Act or regulation 20D(5), as applicable, in relation to protection from prosecution for criminal liability if the declaration is made in good faith. (5) In this regulation:
appropriate person means:(a) if the building work was partially completed by the responsible builder – the person who is continuing to carry out the building work or is in charge of carrying out the continuing building work; or
(b) if the building work was fully completed – a person authorised by the corporation in writing to make the declaration under subregulation (4).
20F Building certifier to give copy of declaration to Director A building certifier given a declaration made under regulation 20C must, not later than 7 days after receiving the declaration, give a copy of it to the Director.
Maximum penalty: 8 penalty units.
For section 40(1)(a) of the Act, but without limiting that provision, a building certifier may rely on a certificate that work complies with the Act and these Regulations given by any of the following who is a registered building practitioner:
(a) in relation to the compliance of the design of the building with these Regulations – an architect;
(b) in relation to the structure of a building – a structural engineer;
(c) in relation to the mechanical systems of a building – a mechanical engineer;
(d) in relation to the hydraulic services of a building – a hydraulic engineer;
(e) in relation to the plumbing, drainage work and on-site sewage disposal system of a building – a plumber or drainer;
(f) in relation to the design of the plumbing and drainage works and on-site sewage disposal systems – a plumber and drainer (design).
(1) Where an excavation or demolition is to be made in proximity to an existing building that building must be protected to ensure stability.
(2) Where the foundation of an existing building is of material likely to become unstable as a result of the excavation of adjoining ground additional precautions to the satisfaction of the building certifier must be taken to ensure stability.
(1) A building notice must be in the form of Form 1 in Schedule 3.
(2) A building order must be in the form of Form 2 in Schedule 3.
The matters prescribed for section 116(2) are directions relating to:
(a) the management and operation of the building; and
(b) the training relating to fire evacuation procedures to be undertaken by the occupants.
(1) A building certifier who makes a building order must notify the Director within 48 hours of the making of the building order.
(2) The Director is taken to have refused a request for the amendment or cancellation of a building order if the Director has not decided the request within 10 days after the day on which the request is made.
A referral or application to the Appeals Board under Part 11 of the Act must be:
(a) in the approved form; and
(b) lodged with the Appeals Board.
A person who makes an appeal, referral or application under Part 11 of the Act must serve a copy on the other party to the appeal, referral or application no later than 2 days after it is lodged with the Appeals Board.
For section 142 of the Act, the Local Court is the prescribed court for giving leave for the enforcement of the Appeal Board’s determination of an appeal, referral or application.
For section 152(1) of the Act, the prescribed court is the Local Court.
The Minister is to issue a notice of authorisation to each person appointed as an authorised officer under section 162 of the Act and the holder must produce the notice whenever required to do so by a person in charge of any premises in relation to which the authorised person has exercised or is about to exercise his or her powers under the Act.
(1) In this Part, unless the contrary intention appears,
siting includes plot ratio, site coverage and set-back.(2) Where the corner of an allotment has been truncated, the area of the allotment is, for this Part, taken to include the area of the truncated part.
This Part does not apply to or in relation to the siting of a Class 1 or Class 10 Building in any part of the Territory in relation to which there is in force development provisions, or an interim development control order, under the
Subject to these Regulations, a Class 1 or Class 10 Building must be situated on an allotment not less than:
(a) 7.5 m from the street alignment of a primary street; and
(b) where the allotment has a frontage to more than one street – 2.5 m from the street alignment of the secondary street; and
(c) 1.5 m from boundaries other than the street alignments referred to in paragraphs (a) or (b).
(1) A verandah, carport, pergola or other approved building, constructed without external walls, may be constructed less than 7.5 m from the street alignment of a primary street, but no part of the building is to be constructed less than 4.5 m from that street alignment unless approved.
(2) The requirements of regulation 32(c) do not apply to or in relation to a garden shed, to be constructed on an allotment less than 1.5 m from a side or rear boundary of the allotment, that:
(a) is not more than 6 m
2 in area; and(b) is not more than 2.3 m in height; and
(c) has no openings in its walls which adjoin a boundary; and
(d) does not discharge rainwater on an adjacent allotment.
34 Minimum distance for a Class 1 building in Municipality of Palmerston Regulation 32 does not apply to or in relation to a Class 1 Building in the Municipality of Palmerston, and such a building in the Municipality must be situated on an allotment not less than:
(a) 7.5 m from the street alignment of a primary street; and
(b) where the allotment has a frontage to more than one street – 2.5 m from the street alignment of the secondary street; and
(c) 5 m from the rear boundary of the allotment; and
(d) 3 m from any other boundary.
35 More than one Class 1 building on one allotment A person must not construct more than one Class 1 Building on an allotment except where:
(a) a planning scheme or interim development control order allows the construction; or
(b) the allotment is not less than 4 ha in area, not more than 2 buildings are constructed and both buildings comply with this Part in relation to siting requirements for separate sites.
36 Plot ratio of Class 1 buildings (1) Where a Class 1 Building or a Class 1 Building and one or more Class 10 Buildings are constructed on an allotment the total roofed area must not exceed 50 per cent of the area of the allotment unless consent to exceed that percentage is conferred by development provisions, or an interim development control order, under the
Planning Act 1999 .(2) In calculating the roofed area for subregulation (1) the area of a verandah, carport, pergola or other building on the site that has no external walls may be excluded.
In this Part:
(a) Agriculture;
(b) Horticulture;
(c) Rural;
(d) Rural Living;
(e) Water Management.
(a) footings and fixture work as defined in regulation 36D(4);
(b) plumbing connection work as defined in regulation 36E(2);
(c) electrical installation connection work as defined in regulation 36F(2).
(1) This Part applies only in relation to:
(a) an approved Class 1a Building that:
(i) is to be removed from its current site for relocation on approved rural land; or
(ii) has been relocated on approved rural land, whether before or after the commencement of this regulation; and
(b) post-relocation building work.
(2) This Part does not affect a person’s obligation to comply with requirements under another law in force in the Territory that relates to the erection of an approved Class 1a Building on approved rural land (for example, the
Planning Act 1999 ).
(1) A building is an
approved Class 1a Building if:(a) the building work for the original erection of the building started on or after 1 January 1975; and
(b) after completion of the building work, the building was a Class 1a Building (or the equivalent class) under the relevant building law; and
(c) the building was originally erected on, and affixed to, land to which the relevant building law applied; and
(d) the original site of the building meets the design wind speed requirement for relocation of the building to approved rural land; and
(e) one of the following (the
original building status ) applies to the building:(i) it was built by or for the Crown in right of the Commonwealth;
(ii) a permit or certificate allowing occupancy of the building was granted for it under the relevant building law.
(2) The original site of the building meets the requirement mentioned in subregulation (1)(d) if the design wind speed applicable to the site is the same as, or greater than, the design wind speed applicable to the approved rural land to which it is proposed to relocate the building.
(3) In this regulation:
design wind speed , in relation to a site, means the design wind speed under these Regulations applicable to the design and construction of buildings that may be approved on the site.
(1) Before a person starts to carry out footings and fixture work for an approved Class 1a Building that is to be (or has been) relocated to approved rural land, a building permit must be in force for the work.
(2) The building permit must include the following details:
(a) the location of the original site of the approved Class 1a Building (for example, the lot number and general location);
(b) the original building status of the building.
(3) The footings and fixture work must be carried out by a registered building contractor or an owner-builder.
(4) In this regulation:
footings and fixture work , for the Class 1a Building, means:(a) the construction on the approved rural land of footings for the building; and
(b) the fixture of the building to the footings.
36E Plumbing connection work (1) Before a person starts to carry out plumbing connection work for an approved Class 1a Building that is to be (or has been) relocated to approved rural land, a building permit must be in force for the work.
(2) In subregulation (1):
plumbing connection work means work for connecting the approved Class 1a Building to a plumbing and drainage service on the approved rural land.
(1) A certificate of compliance, as mentioned in section 69A(1)(c) of the Act, is required for electrical installation connection work for an approved Class 1a Building that is to be (or has been) relocated to approved rural land.
(2) In subregulation (1):
electrical installation connection work means work, to which section 69 of theElectricity Reform Act 2000 applies, for connecting the approved Class 1a Building to an electricity supply for the approved rural land.
(1) A building certifier must not issue an occupancy permit relating to post-relocation building work for an approved Class 1a Building, as specified in a building permit, unless the application for the occupancy permit is accompanied by a report by a registered certifying engineer (structural):
(a) made after completion of the footings and fixture work for the building, as defined in regulation 36D(4); and
(b) stating the approved Class 1a Building has not been structurally compromised during its relocation to the approved rural land.
(2) An occupancy permit issued in relation to post-relocation building work for an approved Class 1a Building, as specified in a building permit, must include a statement to the effect that the building retains its original building status.
The parts of the Territory included in Schedule 4 are prescribed as flood prone areas.
(1) Subject to a determination under this regulation, the flood level for a flood prone area is the flood level for a 1 in 100 year flood level.
(2) The Director may by
Gazette notice determine the flood level in relation to any flood prone area.(3) A notice under subregulation (1) may be amended or revoked by the Director by
Gazette notice.(4) A notice under this regulation may be given in relation to a flood prone area generally or any part of such an area.
The following provisions apply in relation to a building constructed in a flood prone area:
(a) the height of the lowest floor level, or lowest part of the floor level, of a habitable room must be at least 300 mm above the flood level for the flood prone area;
(b) the structural design of the building must be adequate to withstand flooding and for this purpose special consideration must be given to:
(i) the site, size and shape of the building; and
(ii) the effect of buoyancy on the sub-structure of the building; and
(iii) the stresses that the depth and velocity of water and the impact of water borne debris may have on the structure.
Part 11 Building practitioners
For section 4A(2)(b) of the Act, the sub-categories specified in the table below are prescribed for the category of building practitioner specified opposite.
1. | building certifier | building certifier (residential) building certifier (unrestricted) |
2. | certifying plumber | certifying plumber and drainer certifying plumber and drainer (design) |
3. | certifying engineer | certifying engineer (structural) certifying engineer (hydraulic) certifying engineer (mechanical) |
4. | building contractor | building contractor residential (restricted) building contractor residential (unrestricted) |
(1) The net financial assets prescribed for the relevant provisions of the Act are net tangible assets (
net assets ) of at least $50 000.(2) For sections 24B and 24F of the Act, it is a condition of registration or renewal of registration in the category of building contractor that an individual or corporation (a
builder ) give the Practitioners Board a net assets certificate.(3) If the builder holds net assets jointly with another person, the builder is not entitled to rely on the other person’s share of the net assets.
(4) If the builder is a corporation, the builder must itself hold the net assets and is not entitled to rely on the assets of any other person (including a director of the corporation).
(5) If the builder is a director or nominee of a corporation, the builder may rely on the net assets of the corporation only if:
(a) the builder’s registration is solely for the builder to carry out building work for the corporation; and
(b) there is a written agreement between the builder and the corporation that:
(i) the builder may rely on the net assets of the corporation; and
(ii) the builder’s registration is solely for the builder to carry out building work for the corporation.
(6) In this regulation:
relevant provisions means the following:(a) section 24B(1)(c) and (2)(c);
(b) section 24F(2) and (4)(d).
39C Net assets certificate (1) A
net assets certificate is a document, prepared and certified by an accountant, specifying the net assets held by a builder as mentioned in regulation 39B(1).(2) An accountant who prepares a net assets certificate:
(a) is to do so in accordance with the Australian Accounting Standards; and
(b) is not to use financial information relating to a period earlier than 12 months before the date of the certificate; and
(c) is to take into account the matters mentioned in regulation 39B(3) to (5).
(3) In this regulation:
accountant means one of the following:(a) a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the Institute;
(b) a member of the CPA Australia who holds a current Public Practice Certificate in accordance with the by-laws of CPA Australia;
(ba) a member of the Institute of Public Accountants ACN 004 130 643 who holds a current Certificate of Professional Practice issued by the Institute;
(c) a person who holds a current Public Practising Certificate issued by the Association of Taxation and Management Accountants;
(d) a registered tax agent;
(e) a person registered as an auditor under the Corporations Act 2001.
Australian Accounting Standards means the current Australian Accounting Standards as published by the Australian Accounting Standards Board.
(1) For the relevant provisions of the Act, it is a condition for registration or renewal of registration in a category of building practitioner specified in subregulation (2) that the applicant hold a policy of professional indemnity insurance for the amount determined by the Minister.
(2) Subregulation (1) applies in relation to all categories of building practitioner other than the following:
(a) certifying plumber and drainer;
(b) building contractor.
(3) In this regulation:
relevant provisions means the following:(a) section 24(1)(c), (2)(c) and (3);
(b) section 24F(1)(e), (3)(d) and (5).
40A Variation or revocation of conditions imposed on registration The Practitioners Board may, as it considers appropriate but subject to section 24FAB(2), vary or revoke all or any of the conditions imposed on the registration of a building practitioner (
registration conditions ).
For section 24E(2) of the Act, the prescribed date is the date 2 months before the applicant’s registration expires.
(1) For section 48A(1) of the Act, prescribed building work is work for or in connection with the construction of any of the following:
(a) a Class 1a building;
(b) a Class 2 building;
(c) a Class 10 building attached to a Class 1a or Class 2 building if it is constructed at the same time as the Class 1a or Class 2 building is constructed;
(d) a retaining wall (whenever constructed) that is not attached to a Class 1a or Class 2 building but on which the integrity of such a building depends.
Examples of Class 10 buildings for subregulation (1)(c) 1. A garage attached to a Class 1a or Class 2 building. 2. A retaining wall attached to a Class 1a or Class 2 building. (2) However, the prescribed building work does not include work for or in connection with the construction of any of the following:
(a) renovations or alterations to an existing Class 1a or Class 2 building if there is no increase in the floor area of the building;
(b) a Class 10 building or verandah attached to a Class 1a or Class 2 building if it is constructed at any time after the Class 1a or Class 2 building was constructed;
(c) a Class 10 building (whenever constructed) that is not attached to a Class 1a or Class 2 building, other than a retaining wall referred to in subregulation (1)(d).
Examples of renovations and alterations for subregulation (2)(a) 1. The re-cladding of the roof or walls of a Class 1a or Class 2 building. 2. The replacement of windows in a Class 1a or Class 2 building. 3. The construction of new external openings in a Class 1a or Class 2 building. 4. The enlargement or filling in of existing external openings in a Class 1a or Class 2 building. Examples of Class 10 buildings for subregulation (2)(c) 1. A freestanding garage or shed. 2. A retaining wall that is not attached to a Class 1a or Class 2 building and on which the integrity of a Class 1a or Class 2 building does not depend.
(1) For section 48A(1)(a) and (b) of the Act, the following building contractors are prescribed for building work referred to in subregulation (2):
(a) a building contractor residential (restricted);
(b) a building contractor residential (unrestricted).
(2) Subregulation (1) applies in relation to building work that is work for or in connection with the construction of any of the following:
(a) a Class 1a detached house;
(b) a Class 1a attached dwelling or Class 2 building of one or 2 storeys;
(c) a Class 10 building attached to a Class 1a or Class 2 building referred to in paragraph (a) or (b) if it is constructed at the same time as the Class 1a or Class 2 building;
(d) a retaining wall (whenever constructed) that is not attached to a Class 1a or Class 2 building referred to in paragraph (a) or (b) but on which the integrity of such a building depends.
Examples of Class 10 buildings for subregulation (2)(c) 1. A garage attached to a Class 1a or Class 2 building. 2. A retaining wall attached to a Class 1a or Class 2 building. (3) However, subregulation (1) does not apply in relation to work for or in connection with the construction of any of the following:
(a) a Class 10 building or verandah attached to a Class 1a or Class 2 building if it is constructed at any time after the Class 1a or Class 2 building was constructed;
(b) a Class 10 building (whenever constructed) that is not attached to a Class 1a or Class 2 building, other than a retaining wall referred to in subregulation (2)(d).
Examples of Class 10 buildings for subregulation (3)(b) 1. A freestanding garage or shed. 2. A retaining wall that is not attached to a Class 1a or Class 2 building and on which the integrity of a Class 1a or Class 2 building does not depend.
(1) For section 48A(1)(a) and (b) of the Act, a prescribed building contractor for building work referred to in subregulation (2) is a building contractor residential (unrestricted).
(2) Subregulation (1) applies in relation to building work that is work for or in connection with the construction of a Class 1a attached dwelling or Class 2 building of more than 2 storeys.
For section 48A(1)(b) of the Act, the prescribed building contractor must supervise the person by the level of personal oversight the contractor considers appropriate, having regard to the person’s skills and experience.
For section 48A(2)(a) of the Act, the prescribed amount is $12 000.
For section 48B(1) of the Act, the following building contractors are prescribed:
(a) a building contractor residential (restricted);
(b) a building contractor residential (unrestricted).
(1) For section 48B(1) of the Act, prescribed building work is work for or in connection with the construction of any of the following:
(a) a Class 1a detached house;
(b) a Class 10 building attached to a Class 1a detached house if it is constructed at the same time as the house is constructed;
(c) a retaining wall (whenever constructed) that is not attached to a Class 1a detached house but on which the integrity of such a house depends.
Examples of Class 10 buildings for subregulation (1)(b) 1. A garage attached to a detached house. 2. A retaining wall attached to a detached house. (2) However, the prescribed building work does not include work for or in connection with the construction of any of the following:
(a) renovations or alterations to an existing Class 1a detached house if there is no increase in the floor area of the house;
(b) a Class 10 building or verandah attached to a Class 1a detached house if it is constructed at any time after the house was constructed;
(c) a Class 10 building (whenever constructed) that is not attached to a Class 1a detached house, other than a retaining wall referred to in subregulation (1)(c).
Examples of renovations and alterations for subregulation (2)(a) 1 The re-cladding of the roof or walls of a detached house. 2 The replacement of windows in a detached house. 3 The construction of new external openings in a detached house. 4 The enlargement or filling in of existing external openings in a detached house.
Examples of Class 10 buildings for subregulation (2)(c) 1 A freestanding garage or shed. 2 A retaining wall that is not attached to a detached house and on which the integrity of a detached house does not depend.
(3) In addition, the prescribed building work does not include work for or in connection with:
(a) the relocation of an approved Class 1a Building to approved rural land; or
(b) post-relocation building work.
41H Residential building contracts For section 48B(2) and (2A) of the Act, a residential building contract must include provisions:
(a) relating to prescribed building work that is to be carried out on a single project (
the work ); and(b) identifying the prescribed building contractor who will carry out the work; and
(c) specifying the prescribed building contractor’s registration number entered in the register maintained under section 16 of the Act; and
(d) specifying the extent of the work and the total contracted price for the work; and
(e) if the contract provides for the payment of a deposit – specifying the deposit payable to the prescribed building contractor for carrying out the work, which must be no more than 5% of the total contracted price; and
(f) unless paragraph (g) applies – specifying the percentage of the total contracted price payable to the prescribed building contractor after completion of a stage of the work in accordance with the standard progress payments; and
(g) if the parties have agreed to a variation of the standard progress payments or if the contract relates to the construction of a retaining wall – specifying that progress payments are to be made in accordance with a progress payment agreement made under the contract; and
(h) relating to dispute resolution, subject to regulation 41HC.
41HA Standard progress payments (1) Standard progress payments, under a residential building contract, are as follows:
(a) no more than 10% of the total contracted price, payable after completion of the work to the base stage;
(b) no more than 20% of the total contracted price, payable after completion of the work to the frame stage;
(c) no more than 25% of the total contracted price, payable after completion of the work to the enclosed stage;
(d) no more than 30% of the total contracted price, payable after completion of the work to the fixing stage;
(e) no more than 7% of the total contracted price, payable after completion of the work to the practical completion stage;
(f) the remaining percentage of the total contracted price, payable to the prescribed building contractor after completion of the work to the final stage.
(2) In subregulation (1):
base stage means:(a) for a building with a timber floor with base brickwork – the stage when:
(i) the concrete footings for the floor are poured; and
(ii) the base brickwork is built to floor level; and
(iii) the bearers and joists are installed; or
(b) for a building with a timber floor without base brickwork – the stage when:
(i) the stumps, piers or columns are completed; and
(ii) the bearers and joists are installed; or
(c) for a building with a suspended concrete slab floor – the stage when:
(i) the concrete footings are poured; and
(ii) the formwork and reinforcing for the suspended slab are installed; or
(d) for a building with a concrete floor other than a suspended concrete slab floor – the stage when the floor is completed.
enclosed stage means the stage when:(a) a building’s external wall cladding is fixed; and
(b) the building’s roof covering is fixed, regardless of whether:
(i) for a tile roof – pointings have been done; or
(ii) for a metal roof – scribing and final screwing off has been done; and
(c) the building’s structural floor is laid; and
(d) the building’s external doors are fixed:
(i) regardless of whether they are fixed only temporarily; and
(ii) if a lockable door separating the garage from the rest of the building is fixed – regardless of whether or not the garage doors have been fixed; and
(e) the building’s external windows are fixed, regardless of whether they are fixed only temporarily.
final stage means:(a) for work that requires an occupancy permit – the stage when the permit has been granted for the work and a copy of the permit has been given to the contracting owner of the building; or
(b) for work that does not require an occupancy permit – the stage when the prescribed building contractor:
(i) has made all relevant declarations required under the Act in relation to the work and has given the contracting owner a copy; and
(ii) has given the contracting owner a copy of all relevant certificates and documents required under the Act in relation to the work.
fixing stage means the stage when all the building’s internal lining, architraves, cornice, skirting, doors to rooms, baths, shower trays, wet area tiling, built-in shelves, built-in cabinets and built-in cupboards are fitted and fixed in position.frame stage means the stage when a building’s frame is completed.practical completion stage means the stage when the building work has been completed, apart from minor omissions or minor defects.
(1) A progress payment agreement under a residential building contract must:
(a) be in the approved form and signed by the parties to the contract; and
(b) state that the parties to the contract have agreed to a variation of the standard progress payments; and
(c) specify the percentage of the total contracted price for the prescribed building work that is payable to the prescribed building contractor after completion of each stage of the work (up to the final stage); and
(d) give details of each stage of the work mentioned in paragraph (c); and
(e) specify the remaining percentage payable to the prescribed building contractor after completion of the work to the final stage, which must be no less than 3% of the total contracted price.
(2) For subregulation (1),
final stage has the same meaning as in regulation 41HA(2).
(1) For regulation 41H(h), a provision of a residential building contract that provides for dispute resolution is of no effect to the extent to which the provision purports to:
(a) restrict or remove the rights of a person in relation to access to a dispute resolution process available under any law in force in the Territory; or
(b) require a dispute in relation to the contract to be referred to an arbitrator, expert or other third party for a final and binding decision.
(2) This regulation does not prevent the parties to a residential building contract from entering into an agreement, after a dispute has arisen under the contract, about the manner of resolving the dispute.
(1) A prescribed building contractor must not enter into a residential building contract that does not comply with regulation 41H.
Maximum penalty: 100 penalty units.
(2) An offence against subregulation (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subregulation (1) if the defendant establishes a reasonable excuse.
(1) A prescribed building contractor who has entered into a residential building contract must not request or receive a deposit from the contracting owner of more than 5% of the total contracted price of the prescribed building work specified in the contract.
Maximum penalty: 50 penalty units.
(2) A prescribed building contractor must not request or receive from the contracting owner:
(a) a payment for carrying out prescribed building work except as a progress payment after completion of the stage of work to which the progress payment relates, as specified in or under the residential building contract for the work; or
(b) more than the percentage of the total contracted price that is specified in or under the residential building contract.
Maximum penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is a regulatory offence.
(4) It is a defence to a prosecution for an offence against subregulation (1) or (2) if the defendant establishes a reasonable excuse.
(5) If a court finds a prescribed building contractor guilty of an offence against subregulation (1) or (2), the court may, in addition to imposing a penalty for the offence, order the contractor to refund to the contracting owner some or all of the amount paid for the deposit or prescribed building work.
(1) A prescribed building contractor who issues an invoice requesting a progress payment under a residential building contract must ensure the invoice includes a declaration by the contractor that the prescribed building work to which the invoice relates has been completed.
Maximum penalty: 50 penalty units.
(2) An offence against subregulation (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subregulation (1) if the defendant establishes a reasonable excuse.
For section 48B(3)(a) of the Act, the prescribed amount is $12 000.
For section 48C(2) of the Act, the following building contractors are prescribed:
(a) a building contractor residential (restricted);
(b) a building contractor residential (unrestricted).
(1) For section 48C(1) of the Act, prescribed building work is work for or in connection with the construction of any of the following:
(a) a Class 1a detached house;
(b) a Class 10 building attached to a Class 1a detached house if it is constructed at the same time as the house is constructed;
(c) a retaining wall (whenever constructed) that is not attached to a Class 1a detached house but on which the integrity of such a house depends.
Examples of Class 10 buildings for subregulation (1)(b) 1. A garage attached to a detached house. 2. A retaining wall attached to a detached house. (2) However, the prescribed building work does not include work for or in connection with the construction of any of the following:
(a) renovations or alterations to an existing Class 1a detached house if there is no increase in the floor area of the house;
(b) a Class 10 building or verandah attached to a Class 1a detached house if it is constructed at any time after the house was constructed;
(c) a Class 10 building (whenever constructed) that is not attached to a Class 1a detached house, other than a retaining wall referred to in subregulation (1)(c).
Examples of renovations and alterations for subregulation (2)(a) 1. The re-cladding of the roof or walls of a detached house. 2. The replacement of windows in a detached house. 3. The construction of new external openings in a detached house. 4. The enlargement or filling in of existing external openings in a detached house. Examples of Class 10 buildings for subregulation (2)(c) 1. A freestanding garage or shed. 2. A retaining wall that is not attached to a detached house and on which the integrity of a detached house does not depend.
(1) For section 48D(1) of the Act, prescribed building work is work for or in connection with the construction of any of the following:
(a) a Class 1a detached house;
(b) a Class 10 building attached to a Class 1a detached house if it is constructed at the same time as the house is constructed;
(c) a retaining wall (whenever constructed) that is not attached to a Class 1a detached house but on which the integrity of such a house depends.
Examples of Class 10 buildings for subregulation (1)(b) 1. A garage attached to a detached house. 2. A retaining wall attached to a detached house. (2) However, the prescribed building work does not include work for or in connection with the construction of any of the following:
(a) renovations or alterations to an existing Class 1a detached house if there is no increase in the floor area of the house;
(b) a Class 10 building or verandah attached to a Class 1a detached house if it is constructed at any time after the house was constructed;
(c) a Class 10 building (whenever constructed) that is not attached to a Class 1a detached house, other than a retaining wall referred to in subregulation (1)(c).
Examples of renovations and alterations for subregulation (2)(a) 1. The re-cladding of the roof or walls of a detached house. 2. The replacement of windows in a detached house. 3. The construction of new external openings in a detached house. 4. The enlargement or filling in of existing external openings in a detached house. Examples of Class 10 buildings for subregulation (2)(c) 1. A freestanding garage or shed. 2. A retaining wall that is not attached to a detached house and on which the integrity of a detached house does not depend.
For section 48D(2)(a) of the Act, the prescribed amount is $12 000.
For section 48D(2)(b) of the Act, the following building contractors are prescribed:
(a) a building contractor residential (restricted);
(b) a building contractor residential (unrestricted).
For section 48F(4), the prescribed period is 6 years.
Subject to a contrary intention, a person who contravenes any of the provisions of these Regulations commits an offence.
Maximum penalty: 80 penalty units and an additional penalty, not exceeding 8 penalty units, for each day during which the offence continues after the day the offence is committed.
Where the Practitioners Board is satisfied on application made in accordance with the Act and these regulations that a person:
(a) is eligible for accreditation as an assistant building surveyor, by the Building Surveyors and Allied Professions Accreditation Board, or has knowledge and experience, that is in the opinion of the Practitioners Board equivalent for such accreditation, or is the holder of a degree related to building construction, awarded by an Australian tertiary education institution, or a qualification that is in the opinion of the Practitioners Board equivalent to such a degree;
(b) has had three years practical experience in building work in the Northern Territory relating to Class 1 Buildings, Class 10 Buildings and Class 2 Buildings not exceeding 3 residential storeys under the repealed Act; and
(c) has had knowledge of the statutory requirements relating to building work in the Northern Territory,
the Practitioners Board may permit the person to act as a building certifier for a period of 3 years commencing from the commencement of the Act.
In this Part:
For section 62(2) of the Act, the inspection stages of work are the stages notified by the building certifier under section 62(1) of the Act as in force immediately before the commencement of section 22 of the amending Act.
(1) Sections 63 and 70 of the Act do not apply to work.
(2) However, sections 63 and 70 of the Act, as in force immediately before the commencement (respectively) of sections 23 and 27 of the amending Act, apply to work.
(1) Section 72 of the Act does not apply to an occupancy permit for a building.
(2) However, section 72 of the Act, as in force immediately before the commencement of section 29 of the amending Act, applies to the permit.
(1) Subregulation (2) applies in relation to a building contractor who was registered under section 24B or 24C of the Act after that section commenced but before Part 4A of the Act commenced.
(2) Despite section 24D of the Act but subject to the remainder of the Act, the registration of a building contractor to whom this Part applies remains in force until the date 2 years after the commencement of Part 4A of the Act.
Parts 4A and 4B of the Act do not apply in relation to work for which a building permit had been granted before the commencement of the Parts.
Regulation 15A does not apply to:
(a) residential building work for which a building permit has been granted prior to 3 July 2006; or
(b) residential building work for which:
(i) an application for a building permit was made before 1 January 2007; and
(ii) a building certifier has certified in writing that substantial progress was made in the design of the building prior to 3 July 2006.
Part 16 Transitional matters for Building Legislation Amendment Act 2010
In this Part:
(1) This regulation applies if, before the commencement day:
(a) prescribed building work to which repealed regulation 20A(1) applied had been completed by a person carrying out building work for a corporation (the
responsible builder ); and(b) the declaration mentioned in that subregulation had not been given to the building certifier under repealed regulation 20A(3).
(2) The following regulation, as appropriate, applies in relation to the declaration relating to the building work:
(a) substituted regulation 20B, other than subregulation (5) of that regulation;
(b) substituted regulation 20C, other than subregulation (4) of that regulation.
(3) If the responsible builder ceased to act for the corporation after completing the prescribed work, the corporation must follow the procedures specified in substituted regulation 20E as if a prescribed event had occurred.
(4) For this regulation, a responsible builder had completed prescribed building work if he or she had completely ceased to carry out the building work specified in the building permit granted for the work, regardless of whether the work was fully or partially completed.
(5) This regulation does not affect the liability of the responsible builder for an offence against repealed regulation 20A(1), (2) or (3) or substituted regulation 20B, 20C or 20D.
(1) Subject to this regulation, the Plumbing Code applies only to plumbing and drainage work that starts on or after the commencement day.
(2) The modified National Plumbing Code continues to apply to plumbing and drainage work (including the design of the work) that:
(a) was started before the commencement day; and
(b) continues to be carried out on or after the commencement day.
(3) Despite subregulation (2), the owner of the land or building on which the plumbing and drainage work is being carried out may choose to have the work carried out in accordance with the Plumbing Code.
(4) In this regulation:
commencement day means the day on which theBuilding Amendment (National Construction Code Series) Regulations 2012 commence.modified National Plumbing Code means the National Plumbing Code:(a) as in force immediately before the commencement day; and
(b) as modified by Schedule 5 as in force immediately before the commencement day.
plumbing and drainage work , see regulation 4A(2).
(1) This regulation applies in relation to a building contractor mentioned in section 187 of the Act.
(2) If the Practitioners Board gives the building contractor a notice under section 25B of the Act, the Board may require the building contractor to give the Board a net assets certificate.
(3) However, if anything in regulation 39B or 39C is inconsistent with a repealed determination provision, the repealed determination provision prevails to the extent of the inconsistency.
(4) In this regulation:
repealed determination provision is a provision of a determination made by the Minister under repealed section 24G of the Act that is relevant to net financial assets required for continued registration of a building contractor.repealed section 24G means section 24G of the Act as in force immediately before the commencement of section 187 of the Act.
(1) This regulation applies in relation to an application for a building permit or an occupancy permit:
(a) that was made before the commencement; and
(b) where, as at the commencement, the building certifier had not decided the application; and
(c) where, before the commencement, a report (the
report ) about the building work was required in relation to the work from the Work Health Authority before the application could be decided.
(2) The building certifier may determine the application without receiving the report.
(3) In this regulation:
commencement means the commencement of theBuilding Amendment Regulations 2015 .Work Health Authority , see section 4(1) of theWork Health Administration Act 2011 .
(1) Regulation 4(1)(c), as in force immediately before the commencement, continues to apply to plumbing and drainage work (including the design of the work) that was started before the commencement.
(2) Despite subregulation (1), the building practitioner and the owner of the building or land on which the plumbing and drainage work is being carried out may agree to have the work carried out in accordance with regulation 4(1)(c), as in force after the commencement, if:
(a) a building permit is not granted before the commencement; and
(b) a building certifier has not certified in writing that substantial progress was made on the design before the commencement.
(3) In this regulation:
commencement means the commencement of regulation 4 of theBuilding Amendment (Wastewater Management Systems) Regulations 2021 .plumbing and drainage work , see regulation 4A(2).Note for regulation 56 Section 51 of the Act applies if a building permit was granted before the commencement or a building certifier has certified that substantial progress was made on the design before the commencement.
regulation 2A
Item | Description | Fee (revenue units) |
1 | In relation to the registration of a building practitioner (other than a building contractor):
| 230 690 |
2 | In relation to the registration of a building contractor:
| 230 690 |
3 | In relation to the renewal of the registration of a building practitioner:
| 230 690 |
4 | For an application for the grant or renewal of an owner-builder certificate under section 48E of the Act | 230 |
5 | For carrying out any function by the Director | full reasonable costs of exercising the function |
6 | For a search of the register of building permits | 5 |
7 | For a search of the register of occupancy certification | 5 |
8 | For access to building records maintained by the Director | 5 |
9 | For a certified copy of a document under section 166A of the Act | 57 plus the fee for the copy of the document payable under item 10 |
10 | Copies of building records maintained by the Director – per sheet no larger than A3 – per sheet larger than A3 | 2 8 |
11 | For a search of the register of building orders | 5 |
12 | For an appeal to the Building Appeals Board:
| 115 230 |
12A | For an application to the Appeals Board:
| 543 1 087 |
12B | For an amendment to an application to the Appeals Board:
| 271.50 543.50 |
13 | For an application (other than an application relating to the modification of Part 9 of the
| 115 230 |
14 | For an application to the Building Appeals Board relating to the modification of Part 9 of the | 57 |
15 | For an inspection of a decision of the Building Appeals Board | 11 |
16 | For a copy of a decision of the Building Appeals Board – per page | 1 |
regulation 8
Column 1 Reporting Authority | Column 2 Building or building work | Column 3 Matter to be reported on |
Northern Territory Fire and Rescue Service established by the | Any building to be classified as a class 2 building that has more than three residential storeys and any building to be classified as a Class 3, 4, 5, 6, 7, 8, or 9 building. Special hazard buildings including: Aircraft Hangars; Cotton Mills; Distilleries; Film and television studios; High Pile storage warehouses (combustible materials); Buildings where the following materials are to be produced, used or stored: Celluloid Goods; Fire works; Fibre glass products; Foam Rubber; Foam Plastics; Chemicals; Paint, varnish; Woodwool. | Emergency vehicle areas and clear space around large isolated buildings. Fire fighting equipment. Smoke control. Emergency lighting, exit signs and warning devices. Maintenance and testings of fire suppression equipment. Heating appliances, fire-places, chimneys and flues. Fire and smoke control systems in buildings containing atriums. Smoke control systems for theatres. |
Chief Health Officer appointed under the | Special Use Buildings including: Food premises; Premises to be used for activities involving Skin Penetration; Mortuaries. | NT Part H101, NT Part H102 and NT Part H103 of the Building Code of Australia. Those matters relating to the registration of the premises under relevant Health Legislation. |
Any building: – to be classified as a Class 3 building; – to be classified as a Class 9a building; – to be used a child minding facility; – to be used for the purposes of carrying out Hairdressing. | ||
Power and Water Corporation established by the | Any building: – requiring connection to a power, water or sewerage main of the Authority; – requiring an on site electrical substation; – that will encroach on the safety clearances of an overhead power-line as specified; – requiring the installation of trade waste interceptors or discharge of trade waste to the sewer. | For consent to connect to a power, water or sewerage main of the Authority; approval of the size and location of an electrical substation; consent to any encroachment. consent to any interceptor or discharge. |
The relevant consent authority for a planning scheme or interim development control order under the | Any building subject to compliance with a planning scheme, interim development control order or development permit under the | Compliance with the planning scheme, interim development control order or development permit. |
Agency having responsibility for roads under the | Any building: – that will effect a discharge of surface water onto the road; or – requires any new construction or new alteration to existing conditions or facilities within the road reserve. |
Council for the local government area in which the building is situated or, if the building is not situated in a local government area, the Agency having responsibility for roads and stormwater drainage. | Any building: – that will effect a discharge of surface water on to the road, public place or adjoining property; or – requiring any new construction or any alteration to existing conditions or facilities within a road reserve. | Consent to: – the discharge; – the construction or alteration within the road reserve. |
An independent review engineer | Any building that will be a significant and complex building or any significant and complex building work | Suitability of adopted design loads. The existence of appropriate load paths within the building. Review of drawings of the building. Review of the following primary and critical structural elements of the building: – primary and critical footings; – primary and critical columns; – primary and critical load-bearing walls; – primary and critical shear walls and other bracing elements; – primary and critical roof beams and floor beams; – transfer slabs; – typical suspended slabs; – any other primary or critical structural elements of the building that the independent review engineer considers relevant to the building certifier’s decision on an application for a building permit. |
regulation 23
FORM 1
NORTHERN TERRITORY OF AUSTRALIA
BUILDING NOTICE
LOT/PORTION NO.
OWNER/AGENT:
__________________________________________________________An inspection of the above mentioned land on has revealed the existence of:–
Therefore you are required to:–
Comments (if any)
Further information on this matter is available from:–
Telephone:
…………………...............................
PERSON SIGNING THIS NOTICE
dated this day of 20
______________________________________________________________FORM 2
regulation 23
NORTHERN TERRITORY OF AUSTRALIA
BUILDING ORDER
LOT/PORTION NO.
OWNER/AGENT:
________________________________________________________On you were issued with a Building Notice, requiring you to carry out the following:
No satisfactory response has been received from you to date.
Therefore, in accordance with sections 112 and 113 of the
– within 28 days of the service of this order.
Failure to comply with the requirements of this order may result in legal action being taken under section XXXXX of the
Further information regarding this matter is available from:
Telephone:
..........................…………………...
PERSON SIGNING THIS ORDER
Dated this day of 20
___________________________________________________________regulation 37
The areas prescribed as flood prone areas under Schedule 1 clause 9 of the Act are the areas included within a black border on the numbered maps specified below held in the office of the Director.
Adelaide River | Map Adelaide River | No BBADR 001 |
Alice Springs (Greater Area) | Map Alice Springs | No BBASP 001 |
Borroloola | Map Borroloola | No BBBOR 001 |
Darwin (Greater Area) | Map Darwin | No BBDAR 001 |
Katherine | Map Katherine | No BBKAT 001 |
Namarada | Map Namarada | No BBDAR 002 |
Timber Creek | Map Timber Creek | No BBTIM 001 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 1 September 1993 |
Commenced | 1 September 1993 |
Notified | 10 November 1993 |
Commenced | 10 November 1993 |
Notified | 4 October 1995 |
Commenced | 4 October 1995 |
Notified | 7 January 1998 |
Commenced | 7 January 1998 |
Notified | 8 July 1998 |
Commenced | 8 July 1998 |
Notified | 11 November 1998 |
Commenced | 11 November 1998 |
Assent date | 14 December 1999 |
Commenced | 12 April 2000 (s 2, s 2 |
Notified | 28 April 2004 |
Commenced | 28 April 2004 |
Notified | 19 October 2005 |
Commenced | 19 October 2005 |
Notified | 14 December 2005 |
Commenced | 14 December 2005 ( r 2, s 2 |
Assent date | 14 December 2005 |
Commenced | 14 December 2005 |
Notified | 14 June 2006 |
Commenced | 3 July 2006 (r 3, s 2 |
Notified | 14 June 2006 |
Commenced | 3 July 2006 (r 2, s 2 |
Notified | 12 July 2006 |
Commenced | 3 July 2006 (r 3, s 2 |
Notified | 7 February 2007 |
Commenced | 7 February 2007 |
Assent date | 12 December 2007 |
Commenced | 1 July 2008 ( |
Assent date | 11 March 2008 |
Commenced | 11 March 2008 |
Assent date | 14 November 2008 |
Commenced | 1 July 2008 (s 2) |
Assent date | 1 September 2009 |
Commenced | 16 September 2009 ( |
Notified | 14 December 2009 |
Commenced | 1 January 2010 (r 2) |
Assent date | 30 June 2010 |
Commenced | 25 August 2010 ( |
Notified | 2 November 2011 |
Commenced | 2 November 2011 |
Assent date | 15 November 2011 |
Commenced | 1 October 2012 ( |
Assent date | 14 December 2011 |
Commenced | 1 January 2012 ( |
Notified | 3 August 2012 |
Commenced | 3 August 2012 |
Notified | 14 December 2012 |
Commenced | 1 January 2013 (r 2, s 2 |
Notified | 19 December 2013 |
Commenced | 1 January 2014 (r 2, s 2 |
Notified | 1 September 2014 |
Commenced | 2 September 2014 ( |
Assent date | 13 November 2014 |
Commenced | 13 November 2014 |
Notified | 9 September 2015 |
Commenced | 1 November 2015 (r 2) |
Notified | 4 November 2015 |
Commenced | 4 November 2015 |
Assent date | 6 April 2016 |
Commenced | 1 May 2016 (s 2, s 2 |
Notified | 29 April 2016 |
Commenced | 1 May 2016 (r 2, s 2 |
Notified | 6 July 2016 |
Commenced | 6 July 2016 |
Assent date | 19 November 2020 |
Commenced | 20 November 2020 (s 2) |
Notified | 28 April 2021 |
Commenced | 28 April 2021 (no effect – see note 4) |
Notified | 27 May 2021 |
Commenced | 27 May 2021 |
Notified | 22 December 2021 |
Commenced | 31 January 2022 (r 2) |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 BUILDING AMENDMENT REGULATIONS 2021
The
5 LIST OF AMENDMENTS
pt 1 hdg amd No. 46, 2013, r 17
r 2 amd No. 34, 1995, r 2; No. 26, 1997; No. 15, 2004; No. 50, 2005, r 4; Act No. 22, 2010, s 16; No. 46, 2011, r 3; No. 36, 2012, r 3; No. 42, 2012, r 4; No. 46, 2013, r and 17; Act No. 26, 2020, s 3; No. 22, 2021, r 4
r 2A ins No. 46, 2013, r 5
r 3 amd No. 34, 1995, r 2; No. 46, 2011, r 4; No. 46, 2013, r 17
r 3A ins No. 46, 2011, r 5
rep No. 42, 2012, r 5
r 3B ins No. 46, 2011, r 5
pt 2
div 1 hdg ins No. 46, 2013, r 6
r 4 amd No. 51, 1998, r 1; No. 36, 2012, r 4; No. 46, 2013, r 17;No. 13, 2016, r 10; Act No. 26, 2020, s 3; No. 4, 2021, r 4
r 4A ins No. 36, 2012, r 5
amd Act No. 26, 2020, s 3
r 4AA ins No. 27, 2014, r 4
exp No. 27 2014, r 4AA(3)
r 5 amd No. 34, 1995, r 2; No. 38, 2005, r 3; Act No. 44, 2005, s 35
pt 2
div 2 hdg ins No. 46, 2013, r 7
rr 5A – 5F ins No. 46, 2013, r 7
pt 2
div 2A hdg ins No. 46, 2013, r 7
r 6 amd No. 46, 2013, r 17
r 8 amd No. 46, 2013, r 17
r 9 amd No. 22, 2021, r 5
r 10 amd No. 34, 1995, r 2; No. 46, 2013, r 17
r 11 amd No. 39, 1993, r 2; Act No. 56, 1999, s 3(2); Act No.34, 2011, s 170; No. 46, 2013, r 17
r 12 amd No. 34, 1995, r 2; Act No.34, 2011, s 170; No. 46, 2013, r 17
r 12A ins No. 46, 2013, r 8
amd Act No. 26, 2020, s 3
r 13 amd Act No. 22, 2010, s 17; No. 46, 2013, r 17
r 14 amd No. 34, 1995, r 2
sub No. 46, 2013, r 9
amd No. 13, 2016, r 10
r 15 amd No. 46, 2013, r 17
pt 2B hdg ins No. 22, 2021, r 6
insNo.22,2021,r6pt3hdg rr 15AA – 15AC sub No. 50, 2005, r 5; No. 13, 2016, r 4
pt 3
div 1 hdg ins No. 50, 2005, r 5
r 15A ins No. 50, 2005, r 5
amd No. 46, 2013, r 17; No. 13, 2016, r 10
r 16 amd No. 46, 2013, r 17
pt 3
div 2 hdg ins No. 50, 2005, r 6
rep No. 46, 2013, r 10
ins No. 13, 2016, r 5
r 16A ins No. 50, 2005, r 6
rep No. 46, 2013, r 10
pt 3
div 3 hdg ins No. 50, 2005, r 7
rep No. 13, 2016, r 5
pt 3
div 2
sdiv 1 hdg ins No. 13, 2016, r 5
r 17 amd No. 13, 2016, r 10; No. 22, 2021, r 7
r 18 amd No. 34, 1995, r 2
sub No. 50, 2005, r 8
amd No. 46, 2013, r 17
rep No. 13, 2016, r 6
r 18AA ins No. 46, 2013, r 11
amd No. 13, 2016, r 10; Act No. 26, 2020, s 3
rr 18AB –
18AE ins No. 13, 2016, r 7
pt 3
div 2
sdiv 2 hdg ins No. 13, 2016, r 7
r 18A – ins No. 50, 2005, r 8
amd No. 46, 2013, r 12; No. 13, 2016, r 10
rr 18B – 18C ins No. 50, 2005, r 8
sub No. 13, 2016, r 8
pt 3
div 2
sdiv 3 hdg ins No. 13, 2016, r 7
r 19 amd No. 46, 2013, r 17
sub No. 13, 2016, r 8
rr 19A – 19C ins No. 13, 2016, r 8
pt 3
div 2
sdiv 4 hdg ins No. 13, 2016, r 8
rr 19D – 19F ins No. 13, 2016, r 8
r 20 amd No. 46, 2013, r 17
sub No. 13, 2016, r 8
pt 3
div 4 hdg ins No. 17, 2006, r 4
r 20A ins No. 17, 2006, r 4
sub Act No. 22, 2010, s 18
amd No. 13, 2016, r 10
r 20B ins No. 17, 2006, r 4
sub Act No. 22, 2010, s 18
amd No. 42, 2012, r 11
sub No. 13, 2016, r 8
r 20C ins Act No. 22, 2010, s 18
amd No. 42, 2012, r 11
sub No. 13, 2016, r 8
r 20D ins Act No. 22, 2010, s 18
amd No. 42, 2012, r 11
amd No. 13, 2016, r 10
r 20E ins Act No. 22, 2010, s 18
amd No. 42, 2012, r 11
amd No. 13, 2016, r 10
r 20F ins Act No. 22, 2010, s 18
amd No. 42, 2012, r 11
pt 4 hdg amd No. 46, 2013, r 17
r 21 amd Act No. 22, 2010, s 21; No. 46, 2013, r 17; No. 13, 2016, r 10
rr 22 – 23 amd No. 46, 2013, r 17
r 24 amd No. 34, 1995, r 2; No. 46, 2013, r 17
r 25 amd No. 46, 2013, r 17
pt 7 hdg sub No. 46, 2013, r 13
r 26 amd No. 34, 1995, r 2
sub No. 46, 2013, r 13
rr 26A – 26B ins No. 46, 2013, r 13
r 27 rep Act No. 8, 2016, s 40
r 28 amd No. 34, 1995, r 2
sub Act No. 8, 2016, s 40
r 29 amd No. 34, 1995, r 2; No. 46, 2013, r 17
r 30 amd No. 46, 2013, r 17
r 31 amd No. 34, 1995, r 2; Act No. 56, 1999, s 3(2)
rr 32 – 34 amd No. 46, 2013, r 17
r 35 amd No. 34, 1995, r 2; Act No. 6, 2008, s 4; No. 46, 2013, r 17
r 36 amd No. 34, 1995, r 2; Act No. 56, 1999, s 3(2); No. 46, 2013, r 17
pt 9A hdg ins No. 46, 2011, r 6
r 36A ins No. 46, 2011, r 6
amd No. , 2016, r 3
rr 36B – 36G ins No. 46, 2011, r 6
rr 38 – 39 amd No. 46, 2013, r 17
pt 11 hdg amd No. 28, 1998, r 1
r 39A ins No. 28, 1998, r 2
sub No. 50, 2005, r 9
r 39B ins No. 28, 1998, r 2
rep No. 50, 2005, r 9
ins No. 42, 2012, r 6
r 39C ins No. 42, 2012, r 6
amd Act No. 38, 2014, s 2
r 40 sub No. 50, 2005, r 10
amd No. 42, 2012, r 7
r 40A ins No. 50, 2005, r 10
rep No. 42, 2012, r 8
ins No. 46, 2013, r 14
r 40B ins No. 50, 2005, r 10
r 41 rep No. 46, 2013, r 15
pt 11A hdg ins No. 50, 2005, r 11
pt 11A
div 1 hdg ins No. 50, 2005, r 11
rr 41A – 41E ins No. 50, 2005, r 11
pt 11A
div 2 hdg ins No. 50, 2005, r 11
r 41F ins No. 50, 2005, r 11
r 41G ins No. 50, 2005, r 11
amd Act No. 22, 2010, s 19; No. 46, 2011, r 7
r 41H ins No. 50, 2005, r 11
sub No. 42, 2012, r 9
rr 41HA –
41HC ins No. 42, 2012, r 9
pt 11A
div 2A ins No. 42, 2012, r 9
rr 41HD –
41HF ins No. 42, 2012, r 9
r 41J ins No. 50, 2005, r 11
pt 11A
div 3 hdg ins No. 50, 2005, r 11
r 41K ins No. 50, 2005, r 11
amd Act No. 22, 2010, s 21
r 41L ins No. 50, 2005, r 11
r 41M ins No. 50, 2005, r 11
om Act No. 22, 2010, s 21
pt 11B hdg ins No. 50, 2005, r 12
pt 11B
div 1 hdg ins No. 50, 2005, r 12
rr 41N – 41Q ins No. 50, 2005, r 12
pt 11B
div 2 hdg ins No. 50, 2005, r 12
r 41R ins No. 50, 2005, r 12
pt 12 hdg ins No. 28, 1998, r 3
r 42 amd No. 42, 2012, r 11; No. 46, 2013, r 17
r 43 hdg amd No. 46, 2013, r 17
pt 13 hdg ins No. 16, 2006, r 4
rr 44 – 47 ins No. 16, 2006, r 4
pt 14 hdg ins No. 24, 2006, r 4
rr 48 – 49 ins No. 24, 2006, r 4
pt 15 hdg ins No. 2, 2007, r 3
r 50 ins No. 2, 2007, r 3
pt 16 hdg ins Act No. 22, 2010, s 20
rr 51 – 52 ins Act No. 22, 2010, s 20
pt 17 hdg ins No. 36, 2012, r 6
r 53 ins No. 36, 2012, r 6
pt 18 hdg ins No. 42, 2012, r 10
r 54 ins No. 42, 2012, r 10
pt 19 hdg ins No. 21, 2015, r 4
r 55 ins No. 21, 2015, r 4
pt 20 hdg ins No. 4, 2021, r 5
r 56 ins No. 4, 2021, r 5
sch 1 hdg sub No. 50, 2005, r 13
sch 1 amd No. 39, 1993, r 3; No. 50, 2005, r 13
sub No. 34, 2009, r 13
amd No. 46, 2013, r 16; No. 27, 2015, r 3; No. 13, 2016, r 10
sch 2 amd No. 34, 1995, r 1; No. 51, 1998, r 2; Act No. 44, 2005, s 35; Act No. 6, 2008, s 4; Act No. 30, 2007, s 59; Act No. 28, 2008, s 4; Act No. 25, 2009, s 11; Act No. 38, 2011, s 31; No. 46, 2013, r 17; No. 21, 2015, r 5; Act No. 26, 2020, s 3; No. 22, 2021, r 8
sch 3 amd No. 34, 1995, r 2; No. 46, 2013, r 17
sch 4 amd No. 34, 1995, r 2; Act No. 22, 2010, s 21
sch 5 amd Act No. 44, 2005, s 35
rep No. 36, 2012, r 7
0
0
0