{"id":"building-act-1993","name":"Building Act 1993","slug":"building-act-1993","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29876,"registerId":"nt-building-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2","sectionType":"division","heading":"Consumer guarantees for prescribed","content":"Division 2 Consumer guarantees for prescribed\nresidential building work\n54B Consumer guarantees ................................................................... 56\n54BA Contracts not to exclude consumer guarantees or other rights ..... 57\n54BB Current owner of land or building entitled to guarantees ............... 57\n54BC Other consumer rights not affected ............................................... 57\n","sortOrder":0},{"sectionNumber":"Div 3","sectionType":"division","heading":"Residential building insurance provided by","content":"Division 3 Residential building insurance provided by\napproved insurers\n54C Residential building insurance ....................................................... 58\n54CA Approval of insurers....................................................................... 58\n54CB Authorised RBI policy .................................................................... 58\n54CC Provisions of authorised RBI policy ............................................... 59\n54CD RBI policy document ...................................................................... 59\n54CE Annual statement about claims...................................................... 60\n54CF Notice of cessation as approved insurer ........................................ 60\n54CG Directions by Minister .................................................................... 61\n54CH Offence to give misleading information or document ..................... 61\n54CI Insurer's liability not affected if given misleading information ........ 61\n54CJ Regulations.................................................................................... 61\n","sortOrder":1},{"sectionNumber":"Div 4","sectionType":"division","heading":"Fidelity certificates and approved fidelity fund","content":"Division 4 Fidelity certificates and approved fidelity fund\nschemes\n54D Fidelity certificate ........................................................................... 62\n54DA Application for approval of fidelity fund scheme............................. 62\n\nBuilding Act 1993 vi\n54DB Deciding application ...................................................................... 64\n54DBA Approval of trustees....................................................................... 64\n54DC Prudential standards for approved scheme ................................... 65\n54DD Compliance with conditions and prudential standards ................... 66\n54DE Powers of Minister ......................................................................... 66\n54DF Orders consequential on suspension or cancellation of\napproval ......................................................................................... 66\n54DFA Minister's observer......................................................................... 67\n54E Appointment of auditor and actuary ............................................... 67\n54EA Auditor's role .................................................................................. 68\n54EB Actuary's role ................................................................................. 69\n54EC Compliance with prudential standards ........................................... 69\n54ED Notice to Minister about insolvency or contravention..................... 69\n54EE Giving information to Minister ........................................................ 69\n54EF Appointment of special actuary to investigate liabilities ................. 70\n54EG Special actuary's report ................................................................. 70\n54EH Obligations of trustees to auditor, actuary and special actuary...... 71\n54EI Protection of auditor, actuary and special actuary from liability ..... 71\n","sortOrder":2},{"sectionNumber":"Div 6","sectionType":"division","heading":"Commissioner and consumer guarantee","content":"Division 6 Commissioner and consumer guarantee\ndisputes\n54F Commissioner of Residential Building Disputes ............................ 71\n54FA Functions and powers of Commissioner ........................................ 71\n54FB Technical inspection and report ..................................................... 72\n54FC Application to Commissioner for decision ...................................... 73\n54FD Consumer guarantee dispute procedures generally ...................... 73\n54FE Concurrent consumer guarantee disputes and other\ncontractual disputes....................................................................... 74\n54FF Regulations.................................................................................... 75\nDivision 1 Building permit required\n55 Building permit required ................................................................. 76\n56 Who may make application............................................................ 76\n57 Schedule 3 to apply ....................................................................... 76\n58 Further information may be requested by building certifier ............ 76\n58A Building permits ............................................................................. 76\n\nBuilding Act 1993 vii\n59 General requirements for grant of building permit ......................... 77\n60 Historic buildings ........................................................................... 78\n60A Notification of change of building contractor .................................. 78\n60B Amendment and cancellation of building permit ............................ 79\n62 Notification during building work .................................................... 79\n63 Inspections .................................................................................... 80\n64 Directions as to work ..................................................................... 80\nPart 8 Occupancy certification and exemption\ncertificates\n65 Occupancy certification to be obtained .......................................... 81\n66 Buildings etc. not to be used for public assembly without\noccupancy permit .......................................................................... 81\n67 Application ..................................................................................... 82\n69 Builder's declaration to accompany application ............................. 82\n70 Granting occupancy permit ............................................................ 83\n72 Effect of occupancy permits........................................................... 83\n72A Application ..................................................................................... 83\n72B Granting certificate of substantial compliance ............................... 84\n72C Effect of certificate of substantial compliance ................................ 85\n72D Application ..................................................................................... 85\n72E Building certifier's recommendation to Director ............................. 86\n72F Granting certificate of existence .................................................... 87\n72G Effect of certificate of existence ..................................................... 87\nDivision 3A Exemption certificates and validation of\nexemptions\n73A Exemption certificate and prescribed certification.......................... 88\n\nBuilding Act 1993 viii\n73B Schedule 4 applies ........................................................................ 88\n73C Entitlement to apply for exemption certificate ................................ 88\n73D Validation of exemptions and occupancy permits .......................... 89\n74 Temporary occupation of buildings ................................................ 89\n76 Conditions...................................................................................... 89\nDivision 5 General matters\n76A Further information may be required ............................................. 90\n76B Application of and information in occupancy certification .............. 90\n76C Application of Schedule 3 .............................................................. 90\n76D Liability for offences prior to grant of occupancy certification ........ 90\n77 Protection work to be carried out ................................................... 90\n78 Notice of building work to be given ................................................ 91\n79 Owner of adjoining property to respond to notice .......................... 91\n80 Effect of agreement ....................................................................... 91\n81 Effect of disagreement ................................................................... 91\n82 Appeals.......................................................................................... 92\n83 Decisions of Appeals Board on appeals ........................................ 92\n84 Work not to be carried out until protection requirements met ........ 92\n85 Emergency procedures ................................................................. 92\n86 Emergency protection works ......................................................... 93\n87 Absent or incapable owners .......................................................... 93\n88 Appointment of agents for owners ................................................. 93\n89 Liability not affected ....................................................................... 94\n90 Inspection of plans......................................................................... 94\n91 Building owner to arrange insurance cover ................................... 94\n92 Record of condition of adjoining property ...................................... 95\n93 Work to conform to Regulations etc. .............................................. 95\n94 Entry on adjoining property to carry out protection works .............. 95\n95 Offences by adjoining owner ......................................................... 96\n96 Service of plans after completion of work ...................................... 96\n97 Saving for easements .................................................................... 96\n98 Expenses of adjoining owner ......................................................... 96\n99 Compensation ............................................................................... 97\nPart 10 Enforcement of safety and building\nstandards\n100 Emergency orders ......................................................................... 97\n101 Work may be carried out by Director ............................................. 98\n\nBuilding Act 1993 ix\n102 Police assistance ........................................................................... 98\n103 Completion of work ........................................................................ 98\n104 Appeals.......................................................................................... 99\n105 Duration of order............................................................................ 99\n106 Contravention of emergency order ................................................ 99\n107 Fire hazards ................................................................................... 99\n108 Building notices ........................................................................... 100\n109 Building notices by building certifiers ........................................... 100\n110 Content of notice ......................................................................... 100\n111 Representations by owner ........................................................... 101\n112 Building orders............................................................................. 101\n113 Contents of building orders .......................................................... 101\n114 Building orders to stop building work ........................................... 101\n115 Director to be notified .................................................................. 102\n116 Fire upgrading reports ................................................................. 102\n117 Assistance of Fire Service ........................................................... 102\n118 Representations by owner ........................................................... 102\n119 Building orders relating to fire hazards ........................................ 102\n120 Failure to comply with order of building certifier........................... 103\n121 Work may be carried out by Director ........................................... 103\n122 Police assistance ......................................................................... 103\n123 Completion of work ...................................................................... 103\n124 Appeals........................................................................................ 104\n125 Amendment or cancellation of certain building orders ................. 104\n126 Onus of proof on appeals ............................................................ 104\n127 Duration of order.......................................................................... 105\n128 Contravention of building order.................................................... 105\n129 Register of orders ........................................................................ 105\nPart 10A Appeals Board and disability access\ndecisions\n129A Definitions .................................................................................... 105\n129B Disability access provisions ......................................................... 105\n129C Application of Part 11 .................................................................. 106\nDivision 2 Alternative solution decisions and access\nmodification decisions\n129D Application for alternative solution decision ................................. 106\n129E Alternative solution decision ........................................................ 107\n129F Application for access modification decision................................ 107\n129G Access modification decision ....................................................... 107\n\nBuilding Act 1993 x\n129H Circumstances to be taken into account for access\nmodification decision ................................................................... 108\n129J Notice and registration of disability access decision .................... 110\n129K Effect of disability access decision .............................................. 111\nPart 11 Appeals and applications to Appeals\nBoard generally\n130 Who may appeal.......................................................................... 111\n130A How appeal is commenced.......................................................... 112\n131 Modification of application of Building Regulations ...................... 112\n132 Sittings of Appeals Board ............................................................ 112\n133 Constitution of Appeals Board in a matter ................................... 112\n134 Authentication of documents ....................................................... 113\nDivision 2 Procedures for appeals, referrals and\napplications\n135 Procedure generally .................................................................... 113\n136 Fresh hearing .............................................................................. 114\n137 Decisions of Appeals Board......................................................... 114\n138 Decision of Appeals Board to be final .......................................... 114\n139 Form of appeals and applications ................................................ 114\n140 Decisions – form .......................................................................... 114\n141 Evidence of determinations ......................................................... 115\n142 Enforcement of determinations .................................................... 115\n143 Adjournments .............................................................................. 115\n144 Hearings to be open .................................................................... 115\n145 Rights of representation .............................................................. 115\n146 Attendance of witnesses .............................................................. 115\n147 Witnesses to answer questions ................................................... 115\n148 Evidence on oath ......................................................................... 116\n149 Costs ........................................................................................... 116\n150 Prosecution of offences ............................................................... 116\n151 Offences by corporations ............................................................. 116\n152 Additional orders that may be made by the Court........................ 117\n153 Protection from liability ................................................................ 118\n159 Application of limitation on taking action ...................................... 119\n\nBuilding Act 1993 xi\n160 Limitation on time when action may be taken .............................. 119\n161 Effect of other legislation ............................................................. 119\n162 Access to buildings and land ....................................................... 119\n163 Access to residential premises .................................................... 120\n164 Additional powers of authorised officer ........................................ 120\n165 Access where safety of public at risk ........................................... 120\n166 Offences ...................................................................................... 120\n166AA Acquisition on just terms .............................................................. 121\n166A Certified copies of documents ..................................................... 121\n167 Evidentiary provisions .................................................................. 121\n167AA Service of documents .................................................................. 122\n167A Approved forms ........................................................................... 122\n167B Guidelines.................................................................................... 122\n168 Regulations.................................................................................. 122\nPart 15 Repeals and transitional matters for\nBuilding Act 1993\n169 Repeal ......................................................................................... 123\n170 Matters in process before commencement of this Act ................. 124\n171 Repeal of Regulations and savings ............................................. 124\n172 Transitional Regulations .............................................................. 124\nPart 15A Building areas before 16 September 2004\n172A Retrospective application of declaration ...................................... 125\n172B Validation of things done or omitted before 16 September\n2004 ............................................................................................ 125\nPart 15C Transitional matters for Part 2 of Building\nAmendment Act 2005\n172H Regulations may contain savings or transitional provisions ......... 125\nPart 16 Transitional matters for Building\nAmendment Act 2004\n173 Renewal of registration granted before commencement of\nBuilding Amendment Act 2004 .................................................... 126\n174 Determinations under section 14 of Building Act 1993 to\ncontinue in force .......................................................................... 127\n175 Commencement of Part 4A of Building Act 1993......................... 127\n176 Commencement of Part 4B of Building Act 1993......................... 127\n179 Transitional Regulations .............................................................. 128\n\nBuilding Act 1993 xii\nPart 17 Transitional matters for Building\nLegislation Amendment Act 2010\n180 Definitions .................................................................................... 128\n181 Application for exemption certificate ............................................ 129\n182 Declaration made by corporation after commencement day for\nbuilding work completed before commencement day .................. 129\n183 Declaration made by owner-builder after commencement day\nfor building work completed before commencement day............. 129\nPart 18 Transitional matters for Building\nAmendment (Registration and Other\nMatters) Act 2012\n184 Definition...................................................................................... 131\n185 Application of Part ....................................................................... 131\n186 Replacement provisions apply to existing registration\napplications.................................................................................. 131\n187 Requirement to continue to hold determined net financial\nassets .......................................................................................... 132\n188 Compliance with supervision requirement ................................... 132\n189 Continuation of delegations ......................................................... 132\nPart 19 Transitional matters for Building\nAmendment (Residential Building\nConsumer Protection) Act 2012\n190 Definitions .................................................................................... 132\n191 Continuation of building permit and approved insurance policy\nfor relevant building work ............................................................. 133\n192 Relevant building work under residential building contract .......... 133\n193 Relevant building work for which residential building contract\nnot required ................................................................................. 134\nPart 20 Transitional matters for Building\nAmendment (Occupancy Certification)\nAct 2016\n194 Definitions .................................................................................... 134\n195 Applications for certificate of occupancy under repealed Act....... 135\n196 Relevant applications – building certifiers .................................... 136\n197 Application in relation to building work approved or\ncommenced before commencement ........................................... 137\n198 Period of cover under approved insurance policy ........................ 137\n\nBuilding Act 1993 xiii\nPart 21 Transitional matters for Building\nAmendment Act 2022\n200 Definitions .................................................................................... 139\n201 Application of increased inquiry period to building practitioners\nwhose registration ceased before commencement ..................... 139\n202 Application of increased amount of civil penalty to professional\nmisconduct engaged in before commencement .......................... 139\n203 Application of increased amount of civil penalty to\ncontraventions of Commissioner's decision before\ncommencement ........................................................................... 139\nPart 22 Transitional matters for Building\nLegislation Amendment Act 2024\n204 Definitions .................................................................................... 140\n205 NTCAT review limited to decisions made after commencement.. 140\n206 Appeals not commenced before commencement........................ 140\n207 Appeals not determined before commencement ......................... 141\n208 Commercial building work commenced before commencement.. 141\nPart 23 Transitional matters for Lands, Planning\nand Environment Legislation Amendment\nAct 2025\n209 Application of amendment to section 24D ................................... 142\nPart 24 Transitional matter for Building Legislation\nAmendment (Fidelity Fund) Act 2025\n210 Continuation of trustees of approved scheme ............................. 142\nSchedule 2 Members and procedures of Advisory\nCommittee, Practitioners Board and\nSchedule 3 Building permits and occupancy\ncertification\n\nBuilding Act 1993 xiv\n\n____________________\nAs in force at 10 February 2026\n____________________\nBUILDING ACT 1993\nAn Act to provide for the establishing of technical standards for\nbuildings, the registration of building practitioners and certifiers, the\nregulation of building matters, the granting of building permits and\noccupancy certification and the establishing of a building appeal\nprocess, and for related purposes\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Building Act 1993.\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe various provisions of this Act shall come into operation on such\ndates as are respectively fixed by the Administrator by notice in the\nGazette in relation to those provisions.\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are:\n(a) to establish, maintain and improve building standards; and\n(b) to facilitate the adoption and efficient application of national\nuniform building standards; and\n(c) to facilitate national uniform accreditation of building products,\nconstruction methods, building designs, building components\nand building systems; and\n(d) to maintain, enhance and improve the safety, health and\namenity of people using buildings; and\n(e) to promote and provide for the construction of environmentally\nefficient buildings; and\n(f) to provide an efficient and effective system for granting\nbuilding permits and occupancy certification, administering\nbuilding matters and resolving building disputes; and\n\nBuilding Act 1993 2\n(g) to reform aspects of the law relating to the legal liability of\nregulatory agencies and building practitioners; and\n(h) to facilitate national uniformity in the training and qualifications\nof certain building practitioners and the recognition of\nqualifications on a national basis; and\n(ha) to provide for the registration of building practitioners; and\n(hb) to provide for the investigation, audit and disciplining of\nbuilding practitioners; and\n(hc) to establish a scheme relating to residential building consumer\nprotection and the provision of residential building insurance\nor fidelity certificates; and\n(j) to facilitate the cost effective construction of buildings; and\n(k) to aid the achievement of an efficient and competitive building\nindustry.\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\naccess modification decision, for Part 10A, see section 129G(2).\nactuary, for an approved scheme, means the actuary appointed for\nthe scheme under section 54E(1)(b).\nadjoining property, in relation to building work, means a property\n(including a street) that is next to, or near, the land on which the\nbuilding work is to be carried out.\nAdvisory Committee means the Building Advisory Committee\nestablished by section 9(1).\nalternative solution decision, for Part 10A, see section 129E(2).\nAppeals Board means the Building Appeals Board established by\nsection 17.\napplicant, for Part 10A, see section 129A.\napproval criteria, for a fidelity fund scheme, see section 54DA(3).\napproval to occupy a building on a temporary basis means an\napproval granted under Part 8, Division 4.\napproved means approved by the Director.\n\nBuilding Act 1993 3\napproved form means a form approved under section 167A.\napproved insurer means a body corporate or person approved\nunder section 54CA.\napproved scheme means a fidelity fund scheme approved under\nsection 54DB(3)(a).\nauditor:\n(a) for Part 3 – see section 21A; or\n(b) for Part 5A – for an approved scheme, means the auditor\nappointed for the scheme under section 54E(1)(a).\nauthorised officer means a person appointed to be, or who is a\nmember of a class of persons appointed to be, an authorised officer\nor authorised officers under section 162(1).\nauthorised RBI policy, see section 54CB(1).\nbuilder's declaration, see section 69(1).\nBuilding Area means a part of the Territory to which, under\nsection 6(2), all or any of the provisions referred to in that section\nare declared to apply.\nbuilding includes a structure and a part of a building or structure.\nbuilding certifier means an individual or corporation registered\nunder section 24 in the category of building practitioners known as\nbuilding certifiers and, in relation to a function the Director is\ndirected under section 48 to perform, includes the Director.\nbuilding notice means a building notice issued under section 108\nor 109.\nbuilding order means a building order made under section 112.\nbuilding permit means a permit to carry out building work granted\nbuilding practitioner:\n(a) for Part 3 – see section 21A; or\n(b) otherwise – means, an individual or corporation registered\nunder Part 3.\n\nBuilding Act 1993 4\nbuilding work means work for or in connection with the\nconstruction, demolition or removal of:\n(a) a building; or\n(b) plumbing or drainage services, whether or not connected to a\nbuilding, other than plumbing or drainage services vested in\nthe Power and Water Corporation established by the Power\nand Water Corporation Act 1987.\ncarry out, in relation to building work, includes to cause to be\ncarried out.\ncategory of building practitioner has the meaning in section 4A.\ncertificate of existence means a certificate granted under Part 8,\nDivision 3.\ncertificate of substantial compliance means a certificate granted\nunder Part 8, Division 2A.\nCommissioner means the Commissioner of Residential Building\nDisputes mentioned in section 54F.\nconstruct, in relation to a building, includes:\n(a) build, re-build, erect or re-erect the building; and\n(b) repair the building; and\n(c) make alterations to the building; and\n(d) enlarge or extend the building; and\n(e) place or relocate the building on land.\nconsumer guarantee dispute, see section 54FC(2).\nconsumer guarantees, see section 54B(1).\ncontracting owner means the owner of the land to which a\nresidential building contract applies.\ncontracting residential builder means a prescribed building\ncontractor mentioned in section 48B who is not a developer.\ncurrent owner, for Part 5A, see section 54AD.\ndeemed to satisfy provisions, in relation to disability access\nprovisions, see section 129B(2)(a)(ii).\n\nBuilding Act 1993 5\ndefective, in relation to prescribed residential building work, means\nbuilding work:\n(a) carried out by a residential builder in a way that contravenes a\nconsumer guarantee; or\n(b) for which the residential builder has supplied materials\notherwise than as required by a consumer guarantee.\ndeveloper means a prescribed building contractor mentioned in\nsection 48B who carries out prescribed residential building work on\nland owned by that building contractor.\nDirector means the Director of Building Control appointed under\nsection 7.\ndisability access decision, for Part 10A, see section 129A.\ndisability access provisions, see section 129B.\nexemption certificate, see section 73A(1).\nexisting building work, in relation to a certificate of existence, see\nsection 72D(2).\nfidelity certificate, see section 54D.\nfidelity fund scheme means a scheme for a building industry\nfidelity fund established under a trust deed.\nfire upgrading report means a report prepared under section 116.\nguidelines, see section 167B.\nMinister's observer, for an approved scheme, means the\nMinister's observer appointed under section 54DFA(1).\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nnominee, of a corporation, means an individual appointed under\nsection 22A as the corporation nominee.\noccupancy certification, means one of the following:\n(a) an occupancy permit;\n(b) a certificate of substantial compliance;\n(c) a certificate of existence;\n\nBuilding Act 1993 6\n(d) an approval to occupy a building on a temporary basis.\noccupancy permit means a permit granted under Part 8,\nDivision 2.\nowner, in relation to land, includes every person who jointly or\nseverally:\n(a) is entitled to the land for an estate of freehold in possession;\nor\n(b) is a person to whom the Crown has lawfully contracted to sell\nthe land under an Act relating to the alienation of lands of the\nCrown; or\n(c) is entitled to receive or is in receipt of, or if the land were let to\na tenant would be entitled to receive, the rents and profits of\nthe land, whether as beneficial owner, trustee, mortgagee in\npossession or otherwise.\nowner-builder means a person to whom an owner-builder\ncertificate is granted.\nowner-builder certificate means a certificate granted under\nsection 48F(1).\nperformance reporting means information on past performance of\nbuilding practitioners available in the system mentioned in\nsection 14(1)(a).\nperformance requirements, in relation to disability access\nprovisions, see section 129B(2)(a)(i).\nPractitioners Board means the Building Practitioners Board\nestablished by section 12.\nprescribed means prescribed by regulation.\nprescribed certification, see section 73A(2).\nprescribed effective period, in relation to consumer guarantees,\nsee section 54B(2).\nprescribed event, see section 73C(2).\nprescribed residential building work, see section 54AB(1).\npromote or conduct, in relation to a public assembly, includes to\nbe interested in the proceeds or profits, if any, of the public\nassembly.\n\nBuilding Act 1993 7\nprudential standards, for an approved scheme, see section 54DC.\npublic assembly means an assembly of persons whether or not\nadmission to the assembly is gained on payment of money or other\nconsideration and whether or not its purpose is public\nentertainment.\npublic authority means the Crown, a local government council, or\na public authority established by or under an Act or a statutory body\nrepresenting the Crown, and includes a person exercising functions\non behalf of the Crown or council or the authority or body.\nRBI means residential building insurance.\nRBI policy document, see section 54CD(2).\nregistered means registered under Part 3.\nRegistrar, in relation to a committee or board, means the\nemployee, within the meaning of the Public Sector Employment and\nManagement Act 1993, whose duties under that Act include\nperforming the functions of the Registrar of the committee or board.\nRegulations includes a code or other document adopted by the\nRegulations for the purposes of this Act.\nrelevant person, in Part 9, means the owner of land or a building\nwho proposes to carry out building work on the land or building.\nrelevant technical standards, for Part 8, in relation to building\nwork for which a building permit has been granted, means any\nstandards or codes, in force in the Territory during the period the\nbuilding permit is in force, that regulate the building work.\nrepealed Act means the Building Act 1983 as in force immediately\nbefore the commencement of this Act.\nreporting authority means a body or person (other than the\nbuilding certifier to whom the application is made) required by the\nRegulations to report on, or consent to, an application for a building\npermit.\nresidential builder, see section 54AB(2) and (3).\nresidential building means a building in relation to which a\nresidential builder carries out prescribed residential building work.\nresidential building contract means a contract entered into under\nsection 48B(1).\n\nBuilding Act 1993 8\nresidential building insurance, see section 54C.\nspecial actuary, for an approved scheme, means the special\nactuary appointed for the scheme under section 54EF.\nstreet includes a road (within the meaning of the Control of Roads\nAct 1953), lane, footway, square, court, alley and right of way.\ntemporary structure means:\n(a) a booth, tent or other temporary enclosure, whether or not a\npart of it is permanent; or\n(b) a mobile structure.\nTribunal means the Civil and Administrative Tribunal.\n","sortOrder":7},{"sectionNumber":"4A","sectionType":"section","heading":"Categories of building practitioner","content":"4A Categories of building practitioner\n(1) The following are the categories of building practitioner:\n(a) building certifier;\n(b) certifying architect;\n(c) certifying plumber;\n(d) certifying engineer;\n(e) building contractor.\n(2) The Regulations may prescribe:\n(a) a category of building practitioner; or\n(b) a sub-category of a category of building practitioner.\n(3) In this Act, a reference to a category of building practitioner\nincludes:\n(a) a category of building practitioner; and\n(b) a sub-category of a category of building practitioner,\nprescribed under subsection (2).\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"5 Act to bind Crown\nThis Act binds the Crown, not only in right of the Territory but, to the\nextent that the legislative power of the Legislative Assembly so\npermits, the Crown in all its other capacities.\n\nBuilding Act 1993 9\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Application","content":"6 Application\n(1) Subject to subsections (2) and (3), this Act, other than Parts 4\nto 13, applies throughout the Territory.\n(2) The Minister may, by Gazette notice, declare that all or any of the\nprovisions of Parts 4 to 13 apply in and in relation to the parts of the\nTerritory specified in the notice and, on the Minister so declaring,\nthose provisions apply accordingly.\n(3) The Minister may, by Gazette notice, declare that a provision of the\nRegulations specified in the notice does not apply in all or a part of\nthe Territory specified in the notice and accordingly, on the Minister\nso declaring, the provision does not apply in the Territory or that\npart of the Territory.\n(4) In the application of this Act to building work in respect of which an\napproval or permit is required by or under this Act, this Act and the\nRegulations prevail over all other Acts and instruments of a\nlegislative character.\n","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Director of Building Control","content":"7 Director of Building Control\nThe Minister may appoint an employee, within the meaning of the\nPublic Sector Employment and Management Act 1993, to be the\nDirector of Building Control.\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Functions and powers of Director","content":"8 Functions and powers of Director\n(1) The functions of the Director are:\n(aa) to investigate complaints against, and to audit the work and\nconduct of, building practitioners; and\n(ab) to conduct disciplinary proceedings in relation to building\npractitioners before the Practitioners Board; and\n(ac) to prosecute alleged offences against this Act or the\nRegulations, whether the alleged offender is a building\npractitioner or another person; and\n(a) to advise the Minister on all matters relating to building in the\nTerritory; and\n(b) to promote research into building matters; and\n\nBuilding Act 1993 10\n(c) to liaise with groups and bodies involved in the building\nindustry and with other interested groups or bodies on building\nmatters; and\n(d) to publish reports and disseminate information on building\nmatters; and\n(e) to carry out periodic reviews of this Act and the Regulations;\nand\n(f) to report on any building matters when required by the\nMinister to do so; and\n(g) to liaise with any national body established to deal with\nbuilding regulation matters; and\n(h) such other functions as are imposed on the Director by or\nunder this or any other Act or as directed by the Minister.\n(2) The Director has such powers as are conferred on him or her by or\nunder this or any other Act and, subject to this Act, may do all\nor incidental to the performance of his or her functions and the\nexercise of his or her powers.\n(3) The Director must keep, and make available to members of the\npublic for inspection at his or her office during normal office hours, a\nregister of building permits and occupancy certification.\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Establishment of Advisory Committee","content":"9 Establishment of Advisory Committee\n(1) There is established by this section a Committee to be known as\nthe Building Advisory Committee.\n(2) The Advisory Committee consists of such members appointed by\nthe Minister as the Minister thinks fit.\n(3) The members of the Advisory Committee must elect one of their\nnumber to be the Chairperson of the Committee and another to be\nits Deputy Chairperson.\n(4) Without limiting subsection (2), the Director or a member of the\nAppeals Board or the Practitioners Board may be appointed as a\nmember of the Advisory Committee.\n\nBuilding Act 1993 11\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Schedule 2 to apply","content":"10 Schedule 2 to apply\nof the Advisory Committee.\n","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Functions and powers of Advisory Committee","content":"11 Functions and powers of Advisory Committee\n(1) The functions of the Advisory Committee are:\n(a) to advise the Minister on the administration of this Act; and\n(b) to investigate and report to the Minister on all matters related\nto this Act that are referred to it by the Minister; and\n(c) to accredit building products, construction methods, designs,\ncomponents or systems; and\n(d) such other functions as are imposed on it by or under this or\nany other Act or as directed by the Minister.\n(2) The Advisory Committee has such powers as are conferred on it by\nor under this or any other Act and, subject to this Act, may do all\nor incidental to the performance of its functions and the exercise of\nits powers.\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Establishment of Practitioners Board","content":"12 Establishment of Practitioners Board\nThere is established by this section a Board to be known as the\nBuilding Practitioners Board.\n","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Membership of Practitioners Board","content":"12A Membership of Practitioners Board\n(1) Subject to this section, the Minister:\n(a) must appoint in writing the persons the Minister considers\nappropriate to be members of the Practitioners Board; and\n(b) must appoint in writing:\n(i) one of those members to be the Chairperson of the\nBoard; and\n(ii) another of those members to be the Deputy Chairperson\nof the Board.\n\nBuilding Act 1993 12\n(2) Without limiting subsection (1)(a), a member of the Advisory\nCommittee or a member of the Appeals Board may be appointed as\na member, but the Director cannot be appointed as a member.\n(3) At least one member must be a lawyer who has been admitted to\nthe legal profession for at least 5 years.\n(4) The members who are not lawyers (the industry members) must\nbe persons the Minister considers have appropriate experience in\nthe building industry or matters connected with the building\nindustry.\n(5) If practicable, at least one industry member must be appointed to\nrepresent the interests of each category of building practitioner.\n(6) An industry member who is appointed to represent the interests of a\ncategory of building practitioner must be:\n(a) registered in the category of building practitioner the member\nis appointed to represent; and\n(b) chosen by the Minister in accordance with section 12B.\n(7) An industry member cannot be appointed to represent more than\none category of building practitioner, but 2 or more industry\nmembers may be appointed to represent the interests of the same\ncategory of building practitioner.\n(8) In this section:\ncategory of building practitioner does not include a sub-category\nof a category of building practitioner.\n","sortOrder":17},{"sectionNumber":"12B","sectionType":"section","heading":"Procedure for choosing members for categories of building","content":"12B Procedure for choosing members for categories of building\npractitioner\n(1) The Minister must invite:\n(a) the professional or trade organisation that, in the Minister's\nopinion, represents the majority of persons registered in a\ncategory of building practitioner; or\n(b) if, in the Minister's opinion, there are 2 or more professional or\ntrade organisations that each represents a substantial number\nof persons registered in a category of building practitioner –\neach of those organisations;\nto nominate, within the time specified, 3 persons who reside in the\nTerritory to be members of the Practitioners Board.\n\nBuilding Act 1993 13\n(2) Subject to subsections (3) and (4), the Minister must choose from\nthe nominations received from each organisation one person to be\nappointed as a member.\n(3) If fewer than 3 nominations are received from an organisation, the\nMinister is not required to choose a person in respect of that\norganisation.\n(4) If fewer than 3 nominations are received for a category of building\npractitioner, the Minister may choose a person who was not\nnominated for that category of building practitioner but who, in the\nMinister's opinion, is appropriate to represent the interests of that\ncategory of building practitioner.\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Schedule 2 to apply","content":"13 Schedule 2 to apply\nof the Practitioners Board.\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Functions and powers of Practitioners Board","content":"14 Functions and powers of Practitioners Board\n(1) The functions of the Practitioners Board are:\n(a) to establish and maintain a system of performance reporting\non building practitioners to ensure that information on past\nperformance is available and able to be taken into account\nwhen assessing the competence of building practitioners; and\n(b) to register persons as building practitioners; and\n(c) to monitor the compliance of building practitioners with their\nregistration requirements; and\n(d) to monitor the competence to practice and professional\nconduct of building practitioners; and\n(e) to conduct inquiries into the work and conduct of building\npractitioners and, if necessary, to discipline building\npractitioners; and\n(f) to develop and publish codes of practice about the work and\nconduct of building practitioners for reference by building\npractitioners and for use by the Board and the Director in\nassessing the work and conduct of building practitioners; and\n(g) any other functions imposed on the Board by this or another\nAct or the Minister.\n\nBuilding Act 1993 14\n(2) The Practitioners Board has such powers as are conferred on it by\nor under this or any other Act and, subject to this Act, may do all\nor incidental to the performance of its functions and the exercise of\nits powers.\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Register of building practitioners","content":"16 Register of building practitioners\n(1) The Practitioners Board must maintain a register of building\npractitioners with separate parts for each category of building\n(1A) If the Practitioners Board has imposed conditions on the registration\nof a building practitioner under section 24FAB:\n(a) the conditions must be included in the entry for the building\npractitioner in the register; and\n(b) if the building practitioner is the nominee of a corporation\nregistered as a building practitioner – the conditions must also\nbe included in the entry for the corporation in the register.\n(2) The Practitioners Board may give directions for the correction of\ninformation in the register.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Establishment of Appeals Board","content":"17 Establishment of Appeals Board\n(1) There is established by this section a Board to be known as the\nBuilding Appeals Board.\n(2) The Appeals Board consists of the members appointed by the\nMinister, having experience in the building industry or matters\nconnected with the building industry, as the Minister thinks fit, of\nwhom:\n(a) one must be appointed to be its Chairperson; and\n(b) one other must be appointed to be its Deputy Chairperson.\n(3) Without limiting subsection (2), the Director, a member of the\nAdvisory Committee or a member of the Practitioners Board may be\nappointed as a member of the Appeals Board.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Schedule 2 to apply","content":"18 Schedule 2 to apply\nof the Appeals Board.\n\nBuilding Act 1993 15\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Functions and powers of Appeals Board","content":"19 Functions and powers of Appeals Board\n(1) The functions of the Appeals Board are:\n(a) to determine appeals relating to disputes about:\n(i) the effect of the Regulations or the manner in which the\nRegulations are to be or have been complied with; and\n(ii) the construction of a party wall or the expenses to be\nborne by the owners of premises separated by a party\nwall in relation to any such construction; and\n(ab) to determine appeals against decisions of the Director or\nbuilding certifiers made under Part 8; and\n(b) to determine applications under section 131 relating to the\napplication of the Regulations to land, buildings or building\nwork; and\n(c) other functions imposed on it by or under this or any other Act.\n(2) The Appeals Board has the powers necessary for the performance\nof its functions.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Delegations by Minister and Director","content":"20 Delegations by Minister and Director\n(1) The Minister may delegate to a person any of the Minister's powers\nand functions under this Act except the powers and functions under\nsection 6(2) and (3), 9(2), 12A(1), 17(2) or 48.\n(2) The Director may delegate to a person any of the Director's powers\nand functions under this Act.\n","sortOrder":25},{"sectionNumber":"20A","sectionType":"section","heading":"Delegations by Advisory Committee, Practitioners Board and","content":"20A Delegations by Advisory Committee, Practitioners Board and\n(1) The Advisory Committee may delegate any of its powers and\nfunctions under this Act to a member of the Committee, the\nRegistrar of the Committee or a public sector employee.\n(2) The Practitioners Board may delegate any of its powers and\nfunctions under this Act to a member of the Board, the Registrar of\nthe Board or a public sector employee.\n(3) The Appeals Board may delegate any of its powers and functions\nunder this Act to a member of the Board, the Registrar of the Board\nor a public sector employee.\n\nBuilding Act 1993 16\n","sortOrder":26},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions","content":"21A Definitions\naudit means an audit conducted under section 34A, and includes\nan audit extended under section 34C.\nauditor, in relation to an audit, means:\n(a) the person authorised under section 34A(3) to conduct the\naudit; or\n(b) if paragraph (a) does not apply – the Director.\nbuilding practitioner includes a person who was registered at the\ntime certain work was done, or certain conduct was engaged in, by\nthe person but who ceases to be registered at any time after the\ntime of that work or conduct.\ninquiry means an inquiry conducted under Division 3A.\nInquiry Board, in relation to an inquiry, means the Practitioners\nBoard as constituted under section 34J to conduct the inquiry.\ninvestigation means an investigation conducted under section 30,\nand includes an investigation extended under section 31.\nprofessional misconduct, in relation to a building practitioner,\nmeans conduct referred to in section 34S.\nworking day means a day other than a Saturday, Sunday or public\nholiday within the meaning of the Public Holidays Act 1981.\n","sortOrder":27},{"sectionNumber":"21B","sectionType":"section","heading":"Application","content":"21B Application\nDivisions 2, 3, 3A, 3B and 4 apply in relation to work done, or\nconduct engaged in, by a building practitioner:\n(a) whenever the work was or is done or the conduct was or is\nengaged in; and\n(b) if the building practitioner is or was registered in a category of\nbuilding contractor – even though the building practitioner was\nnot required to be registered in that category at the time of the\nwork or conduct.\n\nBuilding Act 1993 17\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Building practitioners to be registered","content":"22 Building practitioners to be registered\n(1) A person who is not appropriately registered under this Part must\nnot:\n(a) take or use the title of building practitioner or building\npractitioner of a particular category of building practitioners\n(either alone or in combination with any other words); or\n(b) perform a function or exercise a power of, or work as, a\nbuilding practitioner or building practitioner of a particular\ncategory of building practitioner; or\n(c) in any way imply that he or she is:\n(i) registered under this Part; or\n(ii) authorised to perform a function or work for which\nregistration is required under this Part.\n(2) Subsection (1)(b) does not apply to an owner-builder carrying out\nbuilding work permitted to be carried out under the owner-builder\ncertificate.\n","sortOrder":29},{"sectionNumber":"22A","sectionType":"section","heading":"Appointment of nominee by corporation","content":"22A Appointment of nominee by corporation\n(1) A corporation may, in the approved form, appoint an individual to be\nits nominee for this Act.\n(2) The corporation must give the form to the Practitioners Board as\nsoon as practicable after it is signed by the corporation and\nnominee.\n(3) The appointment takes effect when the relevant details are entered\nin the register maintained under section 16.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Application for registration as building practitioner other than","content":"23 Application for registration as building practitioner other than\n(1) This section applies in relation to an application for registration as a\nbuilding practitioner in a category of building practitioner other than\nbuilding contractor.\n(2) An individual may apply to the Practitioners Board for registration of\nthe individual.\n\nBuilding Act 1993 18\n(3) A corporation may apply to the Practitioners Board for registration\nof the corporation.\n(4) An application under this section must be in the approved form\naccompanied by the prescribed fee.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Registration of building practitioner other than building","content":"24 Registration of building practitioner other than building\ncontractor\n(1) After receiving an application made by an individual under\nsection 23(2), the Practitioners Board must register the individual in\nthe category of building practitioner specified in the application if\nsatisfied the individual:\n(a) is a fit and proper person to be registered in that category; and\ndetermined under section 24G(a) for that category; and\n(c) has complied with any conditions for registration prescribed by\n(d) has paid any prescribed fee for registration.\n(2) After receiving an application made for a corporation under\nsection 23(3), the Practitioners Board must register the corporation\nin the category of building practitioner specified in the application if\nsatisfied:\n(a) at least one individual concerned in the management or\nconduct of the corporation, or a nominee of the corporation, is\nregistered in that category; and\n(b) each individual concerned in the management or conduct of\nthe corporation who is not registered in that category would be\na fit and proper person to be so registered if the individual had\napplied personally for the registration; and\n(c) the corporation has complied with any conditions for\nregistration prescribed by regulation; and\n(d) the corporation has paid any prescribed fee for registration.\n(3) Without limiting subsection (1)(c) or (2)(c), a regulation may\nprescribe a condition requiring the applicant for registration to hold\nan insurance policy of a type (which may include a professional\nindemnity policy) or for an amount, or both, determined under\nsection 24G(c).\n\nBuilding Act 1993 19\n","sortOrder":32},{"sectionNumber":"24A","sectionType":"section","heading":"Application for registration as building contractor","content":"24A Application for registration as building contractor\n(1) This section applies in relation to an application for registration as a\nbuilding practitioner in a category of building contractor.\n(2) An individual may apply to the Practitioners Board for registration\nas a building contractor in one or more sub-categories of building\ncontractor.\n(3) A corporation may apply to the Practitioners Board for registration\nas a building contractor in one or more sub-categories of building\ncontractor.\n(4) An application under this section must be in the approved form\naccompanied by the prescribed fee.\n","sortOrder":33},{"sectionNumber":"24B","sectionType":"section","heading":"Registration of building practitioner as building contractor","content":"24B Registration of building practitioner as building contractor\n(1) After receiving an application made by an individual under\nsection 24A(2), the Practitioners Board must register the individual\nas a building contractor in the sub-category or sub-categories\nspecified in the application if satisfied the individual:\n(a) is a fit and proper person to be registered in each\nsub-category; and\ndetermined under section 24G(a) for each sub-category; and\n(c) currently holds, and during the period of registration will\ncontinue to hold, the net financial assets prescribed by\nregulation for each sub-category; and\n(d) has complied with any conditions for registration prescribed by\n(e) has paid any prescribed fee for registration.\n(2) After receiving an application made by a corporation under\nsection 24A(3), the Practitioners Board must register the\ncorporation as a building contractor in the sub-category or\nsub-categories specified in the application if satisfied:\n(a) at least one director, or a nominee, of the corporation:\n(i) is registered in each sub-category; and\n(ii) will provide adequate supervision of the building work\ncarried out by the corporation; and\n\nBuilding Act 1993 20\n(b) each director of the corporation who is not registered in a\nsub-category specified in the application would be a fit and\nproper person to be so registered if the director had applied\npersonally for the registration; and\n(c) the corporation currently holds, and during the period of\nregistration will continue to hold, the net financial assets\nprescribed by regulation for each sub-category; and\n(d) the corporation has complied with any conditions for\nregistration prescribed by regulation; and\n(e) the corporation has paid any prescribed fee for registration.\n(3) Without limiting subsection (1)(d) or (2)(d), a regulation may\nprescribe a condition requiring the applicant for registration to hold\nan insurance policy of a type (which may include a professional\nindemnity policy) or for an amount, or both, determined under\nsection 24G(c).\n","sortOrder":34},{"sectionNumber":"24D","sectionType":"section","heading":"Term of registration","content":"24D Term of registration\nSubject to this Act, a building practitioner's registration remains in\nforce for:\n(a) 4 years from the date it is granted or renewed; or\n(b) a shorter period specified by the Practitioners Board at the\ntime it is granted or renewed.\n","sortOrder":35},{"sectionNumber":"24E","sectionType":"section","heading":"Application for renewal of registration as building practitioner","content":"24E Application for renewal of registration as building practitioner\n(1) A building practitioner may, in the approved form accompanied by\nthe prescribed fee, apply to the Practitioners Board to renew the\npractitioner's registration.\n(2) The Practitioners Board may refuse to accept an application if it is\nmade after the prescribed date.\n24EAA Registration continues in force pending determination of\napplication for renewal of registration\n(1) Subsection (2) applies to a building practitioner if:\n(a) the practitioner has made an application for renewal of the\npractitioner's registration under section 24E before the\nprescribed date mentioned in section 24E(2); and\n\nBuilding Act 1993 21\n(b) the application for renewal is not determined under\nsection 24EA or 24F before the expiry of the practitioner's\n(2) Subject to subsection (3), the building practitioner's registration\ncontinues to remain in force until the application for renewal is\ndetermined under section 24EA or 24F.\n(3) The registration of the building practitioner does not continue in\nforce in accordance with subsection (2) if it is otherwise cancelled\n24EA Renewal of registration of building practitioner other than\n(1) After receiving an application under section 24E that relates to an\nindividual and is for renewal of registration in a category of building\npractitioner other than building contractor, the Practitioners Board\nmust renew the registration if satisfied the individual:\n(a) is a fit and proper person to be registered in that category; and\ndetermined under section 24G(a) for renewal of registration in\nthat category; and\n(c) has, during the current period of registration, complied with\nany continuing professional development requirements\nprescribed by regulation for that category; and\n(d) has, during the current period of registration, performed\ncompetently in that category as shown by performance\nreporting; and\n(e) has complied with any conditions for renewal prescribed by\n(f) has paid any prescribed fee for the renewal.\n(2) After receiving an application under section 24E that relates to a\ncorporation and is for renewal of registration in a category other\nthan building contractor, the Practitioners Board must renew the\nregistration if satisfied:\n(a) at least one individual concerned in the management or\nconduct of the corporation, or a nominee of the corporation:\n(i) is registered as a building practitioner in that category;\nand\n\nBuilding Act 1993 22\n(ii) has, during the current period of registration, complied\nwith any continuing professional development\nrequirements prescribed by regulation for that category;\nand\n(b) each individual concerned in the management or conduct of\nthe corporation who is not registered as a building practitioner\nin that category would be a fit and proper person to be so\nregistered if the individual had applied personally for the\nregistration; and\n(c) the corporation has, during the current period of registration,\nperformed competently in that category as shown by\nperformance reporting; and\n(d) the corporation has complied with any conditions for renewal\n(e) the corporation has paid any prescribed fee for renewal of\n(3) Without limiting subsection (1)(e) or (2)(d), a regulation may\nprescribe a condition requiring an applicant for renewal of\nregistration to hold an insurance policy of a type (which may include\na professional indemnity policy) or for an amount, or both,\ndetermined under section 24G(c).\n","sortOrder":36},{"sectionNumber":"24F","sectionType":"section","heading":"Renewal of registration of building contractor","content":"24F Renewal of registration of building contractor\n(1) After receiving an application under section 24E that relates to an\nindividual and is for renewal of registration in the category of\nbuilding contractor, the Practitioners Board must renew the\nregistration of the individual in each sub-category of building\ncontractor specified in the application if satisfied the individual:\n(a) is a fit and proper person to be registered in the sub-category\nor sub-categories; and\ndetermined under section 24G(a) for renewal of registration in\nthe sub-category or sub-categories; and\n(c) has, during the current period of registration, complied with\nany continuing professional development requirements\nprescribed by regulation for the sub-category or sub-\ncategories; and\n(d) has, during the current period of registration, performed\ncompetently in the sub-category or sub-categories as shown\nby performance reporting; and\n\nBuilding Act 1993 23\n(e) currently holds, and during the period of registration will\ncontinue to hold, the net financial assets prescribed by\nregulation for the sub-category or sub-categories; and\n(f) has complied with any conditions for renewal prescribed by\n(g) has paid any prescribed fee for the renewal.\n(2) After receiving an application under section 24E that relates to a\ncorporation and is for renewal of registration in the category of\nbuilding contractor, the Practitioners Board must renew the\nregistration of the corporation in each sub-category of building\ncontractor specified in the application if satisfied:\n(a) at least one director or nominee of the corporation:\n(i) is registered as a building practitioner in the\nsub-category or sub-categories; and\n(ii) has, during the current period of registration, complied\nwith any continuing professional development\nrequirements prescribed by regulation for the\nsub-category or sub-categories; and\n(iii) will provide adequate supervision of the building work\ncarried out by the corporation; and\n(b) each director of the corporation who is not registered in a\nsub-category specified in the application would be a fit and\nproper person to be so registered if the director had applied\npersonally for the registration; and\n(c) the corporation has, during the current period of registration,\nperformed competently in that category as shown by\nperformance reporting; and\n(d) the corporation currently holds, and during the period of\nregistration will continue to hold, the net financial assets\nprescribed by regulation for that category; and\n(e) the corporation has complied with any conditions for renewal\n(f) the corporation has paid any prescribed fee for renewal of\n(3) Without limiting subsection (1)(f) or (2)(e), a regulation may\nprescribe a condition requiring an applicant for renewal of\nregistration to hold an insurance policy of a type (which may include\n\nBuilding Act 1993 24\na professional indemnity policy) or for an amount, or both,\ndetermined under section 24G(c).\n24FA Practitioners Board must have regard to particular information\n(1) Before deciding an application made under section 23, 24A or 24E,\nthe Practitioners Board must have regard to a relevant report or\nrelevant information given by a person or entity who is prescribed\nby regulation.\n(2) For subsection (1), a relevant report or relevant information is a\nreport or information relevant to a matter about which the\nPractitioners Board must be satisfied under section 24, 24B, 24EA\nor 24F.\n(3) Subsection (1) does not prevent the Practitioners Board from\nconsidering any other information it considers relevant to deciding\nthe application.\n24FAB Practitioners Board may impose conditions on registration\n(1) If the Practitioners Board decides under this Division to register a\nperson as a building practitioner, or renew the registration of a\nperson as a building practitioner, the Board may impose conditions\non the registration as the Board considers appropriate.\n(2) However, the conditions must not be inconsistent with this Act, the\nRegulations or a determination in force under section 24G.\n(3) A registered building practitioner who has conditions imposed on\nthe practitioner's registration must comply with the conditions.\n24FB Notice of decisions\n(1) This section applies in relation to a decision of the Practitioners\nBoard under this Division:\n(a) to register or refuse to register a person as a building\npractitioner; or\n(b) to renew or refuse to renew the registration of a person as a\nbuilding practitioner.\n(2) As soon as practicable after making the decision, the Practitioners\nBoard must give written notice of the decision to the person.\n\nBuilding Act 1993 25\n(3) The notice of the decision must set out:\n(b) the fact that the person may apply to the Tribunal for a review\nof the decision under section 35.\n(4) If the decision is to register the person or renew the person's\nregistration and the Board has imposed conditions on the\nregistration under section 24FAB:\n(a) the imposition of the conditions is taken to be part of the\ndecision; and\n(b) the reasons for imposing the conditions must be set out in the\nnotice of the decision.\n","sortOrder":37},{"sectionNumber":"24G","sectionType":"section","heading":"Determinations by Minister","content":"24G Determinations by Minister\nThe Minister may, by Gazette notice, determine any of the\n(a) the qualifications and experience for registration or renewal of\nregistration as a building practitioner in a category of building\npractitioner;\n(c) the types of insurance policies, and amounts of insurance to\nbe provided under the policies, that may be required under a\ncondition prescribed by regulation for section 24(3), 24B(3),\n24EA(3) or 24F(3);\n(d) criteria to be met by providers of insurance policies mentioned\nin paragraph (c).\n","sortOrder":38},{"sectionNumber":"24H","sectionType":"section","heading":"Certificate of registration","content":"24H Certificate of registration\n(1) The Practitioners Board must issue a registration certificate to an\nindividual or corporation registered as a building practitioner.\n(2) A registration certificate must be in the approved form.\n","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Registered individual to carry out or direct function of","content":"25 Registered individual to carry out or direct function of\ncorporation as building practitioner\n(1) If a corporation is carrying out a function as a building practitioner:\n(a) the function must be carried out by or at the direction of a\nregistered individual for the corporation; and\n(b) the registered individual must, in writing, certify the function;\nand\n\nBuilding Act 1993 26\n(c) the corporation must ensure the name of the registered\nindividual appears in all advertisements published by the\ncorporation relating to the function.\nregistered individual means:\n(a) for a corporation registered in a category of building\npractitioner other than building contractor – an individual\nconcerned in the management or conduct of the corporation,\nor a nominee of the corporation, who is registered in the same\ncategory as the corporation; and\n(b) for a corporation registered in a category of building\ncontractor – a director or nominee of the corporation who is\nregistered in that category.\n","sortOrder":40},{"sectionNumber":"25A","sectionType":"section","heading":"Corporation registered as building practitioner to notify","content":"25A Corporation registered as building practitioner to notify\nchanges affecting registration\n(1) A corporation registered as a building practitioner must, within\n7 days after one of the following circumstances occurs, give notice\nof the circumstance to the Practitioners Board:\n(a) a nominee of the corporation ceases to act for the corporation;\n(b) the registration of a nominee as a building practitioner is\ncancelled or suspended or is not renewed;\n(c) for a corporation registered in a category of building\ncontractor – an individual ceases to be a registered director of\nthe corporation;\n(d) for a corporation registered in any other category of building\npractitioner – an individual ceases to be a registered manager\nof the corporation;\n(e) a director or nominee required by section 24B(2)(a)(ii)\nor 24F(2)(a)(iii) to supervise the corporation's building work is\nno longer able to do so.\n\nBuilding Act 1993 27\n(2) However, if a circumstance mentioned in subsection (1) results in\nthe corporation ceasing to comply with a requirement for\nregistration mentioned in section 24(2), 24B(2), 24EA(2) or 24F(2),\nthe corporation must give notice of the circumstance immediately\nafter it occurs.\n(3) Notice under this section must be in the approved form.\nregistered director, of a corporation, means a director mentioned\nin section 24B(2)(a)(i) or 24F(2)(a)(i).\nregistered manager, of a corporation, means an individual\ninvolved in the management or conduct of the corporation to whom\nsection 24(2)(a) or 24EA(2)(a)(i) applies.\n","sortOrder":41},{"sectionNumber":"25B","sectionType":"section","heading":"Assessment of compliance with financial assets requirement","content":"25B Assessment of compliance with financial assets requirement\n(1) The Practitioners Board may, at any time, assess a building\ncontractor's compliance with the requirement to hold net financial\nassets as mentioned in section 24B(1)(c) or (2)(c) or 24F(1)(e) or\n(2)(d) (the assets requirement).\n(2) The Practitioners Board may, by written notice, require the building\ncontractor to give the Board the information and documents\nnecessary to establish the building contractor's compliance with the\nassets requirement.\n(3) The Board may require the information or document to be given\nwithin a reasonable time, as specified in the notice, and may extend\nthe time if the Board considers it appropriate to do so.\nNote for section 25B\nSection 34VA enables the Practitioners Board to suspend the registration of a\nbuilding practitioner if satisfied the building practitioner has ceased to comply with\nthe assets requirement.\n","sortOrder":42},{"sectionNumber":"25C","sectionType":"section","heading":"Offence to perform function of building practitioner without","content":"25C Offence to perform function of building practitioner without\nrequired insurance policy\n(1) A person who is required to hold a prescribed insurance policy must\nnot perform a function of a building practitioner unless the\nprescribed insurance policy is in force.\n\nBuilding Act 1993 28\nprescribed insurance policy means an insurance policy required\nto be held as a condition of registration or renewal of registration,\nas mentioned in section 24(3), 24B(3), 24EA(3) or 24F(3).\n","sortOrder":43},{"sectionNumber":"26","sectionType":"section","heading":"Making complaint","content":"26 Making complaint\n(1) A person may complain to the Director about a building practitioner\non one or more of the following grounds:\n(a) the practitioner has committed an offence against this Act or\nthe Regulations;\n(b) the practitioner has carried out work in a negligent or\nincompetent manner;\n(c) the practitioner is otherwise guilty of professional misconduct.\n(2) The complaint must:\n(a) be in writing; and\n(b) contain particulars of the matter complained of; and\n(c) identify the building practitioner; and\n(d) include the name and address of the complainant.\n","sortOrder":44},{"sectionNumber":"27","sectionType":"section","heading":"Request for further information","content":"27 Request for further information\nThe Director may request the complainant to provide, within the\nspecified time (which must be at least 5 working days after the\nrequest is made), further particulars about the complaint.\n","sortOrder":45},{"sectionNumber":"28","sectionType":"section","heading":"Dismissal without investigation","content":"28 Dismissal without investigation\nThe Director may dismiss the complaint without investigating it if\nsatisfied:\n(a) the complaint is without foundation or is frivolous or vexatious;\nor\n(b) the matter complained of is insubstantial; or\n(c) the complainant does not comply with a request under\nsection 27 for further particulars about the complaint; or\n\nBuilding Act 1993 29\n(d) after considering any response of the building practitioner\nunder section 29(b), the Director considers that investigation is\nnot warranted.\n","sortOrder":46},{"sectionNumber":"29","sectionType":"section","heading":"Building practitioner to be informed","content":"29 Building practitioner to be informed\nIf the Director does not dismiss the complaint under section 28(a),\n(b) or (c), the Director must, by notice in the approved form:\n(a) inform the building practitioner of the complaint and attach to\nthe notice a copy of the complaint; and\n(b) invite the practitioner to respond to the Director about the\ncomplaint within the specified time (which must be at least\n5 working days after the notice is given).\n","sortOrder":47},{"sectionNumber":"30","sectionType":"section","heading":"Investigation to be conducted","content":"30 Investigation to be conducted\n(1) If the Director does not dismiss the complaint under section 28, the\nDirector must investigate the complaint as soon as practicable after\nthe time for the building practitioner to respond has expired.\n(2) The investigation may relate to more than one complaint.\n","sortOrder":48},{"sectionNumber":"31","sectionType":"section","heading":"Investigation may be extended to other matters and other","content":"31 Investigation may be extended to other matters and other\nbuilding practitioners\n(1) This section applies if, in the course of the investigation, the\nDirector forms the view that a matter that is not the subject of the\ncomplaint being investigated could have been the subject of:\n(a) another complaint about the building practitioner being\ninvestigated; or\n(b) a complaint about another building practitioner.\n(2) The Director may extend the investigation to include the matter if\nthe Director considers it appropriate to do so.\n(3) If the investigation is extended to include the matter, the Director\nmust, by notice in the approved form:\n(a) inform the building practitioner to whom the matter relates of\nthe particulars of the matter and that the investigation has\nbeen extended to include the matter; and\n(b) invite the practitioner to respond to the Director about the\nmatter within the specified time (which must be at least\n5 working days after the notice is given).\n\nBuilding Act 1993 30\n","sortOrder":49},{"sectionNumber":"32","sectionType":"section","heading":"Production and inspection of documents","content":"32 Production and inspection of documents\n(1) The Director may, by notice in the approved form, require a building\npractitioner or the complainant to produce to the Director any\ndocuments that may be relevant to the investigation.\n(2) The Director may inspect, or take extracts from or copies of, any\ndocuments produced under subsection (1).\n","sortOrder":50},{"sectionNumber":"33","sectionType":"section","heading":"Building practitioners and others must cooperate during","content":"33 Building practitioners and others must cooperate during\ninvestigation\n(1) If, in the course of the investigation, a building practitioner:\n(a) refuses or fails, without reasonable excuse, to comply with any\nreasonable request from the Director to answer a question,\nprovide information or produce a document; or\n(b) in purported response to a request from the Director, gives an\nanswer, provides information or produces a document that is\nfalse or misleading,\nthe Director may refer the matter to the Practitioners Board for\n(2) A person must not, without reasonable excuse:\n(a) refuse or fail to comply with a requirement of the Director\nunder section 32(1); or\n(b) obstruct or hinder the Director in the exercise of a power\nunder section 32.\n","sortOrder":51},{"sectionNumber":"34","sectionType":"section","heading":"Action on completion of investigation","content":"34 Action on completion of investigation\n(1) On completion of the investigation, the Director must decide:\n(a) whether or not there is evidence that a building practitioner the\nsubject of the investigation has committed an offence against\nthis Act or the Regulations and, if there is evidence, may\ndecide to prosecute the building practitioner for the alleged\noffence; and\n(b) whether or not there is evidence that a building practitioner the\nsubject of the investigation is guilty of professional misconduct\nand, if there is evidence, must refer the matter to the\nPractitioners Board for inquiry.\n\nBuilding Act 1993 31\n(2) The Director must, as soon as practicable after making a decision\nunder subsection (1), give the building practitioner and the\ncomplainant written notice of the decision.\n(3) The notice must set out the reasons for the decision.\n","sortOrder":52},{"sectionNumber":"34A","sectionType":"section","heading":"Conduct of audit","content":"34A Conduct of audit\n(1) The Director may audit a building practitioner's work or conduct or\nboth:\n(a) whenever the Director considers it appropriate to do so; or\n(b) as a consequence of a complaint made under Division 2:\n(i) whether or not the complaint is about the building\npractitioner or another building practitioner; and\n(ii) whether or not the complaint is investigated under that\nDivision.\n(2) The Director must audit a building practitioner's work or conduct or\nboth if directed to do so by the Practitioners Board under\nsection 34U or 34Y(2)(b).\n(3) The Director may authorise another person to conduct an audit or\nclass of audits on the Director's behalf.\n(4) The Director must determine the nature of, and the procedure for\nconducting, an audit or class of audits.\n","sortOrder":53},{"sectionNumber":"34B","sectionType":"section","heading":"Building practitioner to be notified","content":"34B Building practitioner to be notified\n(1) Before an audit of a building practitioner is conducted, the auditor\nmust give the practitioner such notice of the audit as is reasonable,\nhaving regard to:\n(a) the nature of the audit; and\n(b) the urgency or otherwise of the audit.\n(2) The notice may be written or oral.\n(3) If oral, the notice must be confirmed in writing by the auditor as\nsoon as possible.\n\nBuilding Act 1993 32\n","sortOrder":54},{"sectionNumber":"34C","sectionType":"section","heading":"Audit may be extended to other building practitioners","content":"34C Audit may be extended to other building practitioners\n(1) This section applies if, in the course of the audit of a building\npractitioner, the auditor forms the view that another building\npractitioner should be audited.\n(2) The auditor may extend the audit to include the other building\npractitioner if the auditor considers it appropriate to do so.\n(3) If the audit is extended to another building practitioner, the auditor\nmust give the other building practitioner notice of the audit in\naccordance with section 34B.\n","sortOrder":55},{"sectionNumber":"34D","sectionType":"section","heading":"Production and inspection of documents","content":"34D Production and inspection of documents\n(1) The auditor conducting the audit may, by notice in the approved\nform, require a building practitioner to produce to the auditor any\ndocuments that may be relevant to the audit.\n(2) The auditor may inspect, or take extracts from or copies of, any\ndocuments produced under subsection (1).\n","sortOrder":56},{"sectionNumber":"34E","sectionType":"section","heading":"Building practitioners must cooperate with auditor","content":"34E Building practitioners must cooperate with auditor\n(1) If, in the course of the audit, a building practitioner:\n(a) refuses or fails to comply with any reasonable request from\nthe auditor to answer a question, provide information or\nproduce a document; or\n(b) in purported response to a request from the auditor, gives an\nanswer, provides information or produces a document that is\nfalse or misleading;\nthe Director may refer the matter to the Practitioners Board for\n(2) A building practitioner must not, without reasonable excuse:\n(a) refuse or fail to comply with a requirement of an auditor under\nsection 34D(1); or\n(b) obstruct or hinder an auditor in the exercise of a power under\nsection 34D.\n\nBuilding Act 1993 33\n","sortOrder":57},{"sectionNumber":"34F","sectionType":"section","heading":"Action on completion of audit","content":"34F Action on completion of audit\n(1) On completion of the audit, the Director must decide:\n(a) whether or not there is evidence that a building practitioner the\nsubject of the audit has committed an offence against this Act\nor the Regulations; and\n(b) whether or not there is evidence that a building practitioner the\nsubject of the audit is guilty of professional misconduct.\n(2) On making a decision under subsection (1), the Director may\ndecide to take one or more of the following actions in relation to the\nbuilding practitioner:\n(a) if there is the evidence referred to in subsection (1)(a) –\nprosecute the building practitioner for the alleged offence;\n(b) if there is the evidence referred to in subsection (1)(b) – refer\nthe matter to the Practitioners Board for inquiry;\n(c) develop with the building practitioner a remedial program for\nthe building practitioner.\n(3) If, on completion of an audit of a building practitioner:\n(a) the Director makes the decision referred to in\nsubsection (2)(c); and\n(b) the building practitioner does not participate in the\ndevelopment or implementation of the remedial program to the\nDirector's reasonable satisfaction,\nthe Director may reconsider a decision made on completion of the\naudit not to prosecute the practitioner for an alleged offence or not\nto refer a matter relating to the practitioner for inquiry or both and\nmay decide to prosecute or to refer the matter or both.\n(4) The Director must, as soon as practicable after making a decision\nunder this section, give the building practitioner written notice of the\ndecision.\n(5) The notice must set out the reasons for the decision.\n\nBuilding Act 1993 34\n","sortOrder":58},{"sectionNumber":"34G","sectionType":"section","heading":"When inquiry to be held","content":"34G When inquiry to be held\nThe Practitioners Board must hold an inquiry into a matter that is\nreferred to it by the Director under section 33(1), 34(1)(b), 34E(1)\nor 34F(2)(b) or (3).\n","sortOrder":59},{"sectionNumber":"34H","sectionType":"section","heading":"Inquiry into building practitioner who is no longer registered","content":"34H Inquiry into building practitioner who is no longer registered\n(1) This section applies if a building practitioner the subject of an\ninquiry was registered at the time of the work or conduct being\ninquired into but, before or during the inquiry, ceases to be\nregistered.\n(2) The inquiry is limited to the building practitioner's work or conduct or\nboth (as the case requires) during the 7 years immediately before\nthe practitioner ceased to be registered.\n","sortOrder":60},{"sectionNumber":"34J","sectionType":"section","heading":"Constitution of Board for inquiry","content":"34J Constitution of Board for inquiry\n(1) Subject to subsection (3), the Practitioners Board must be\nconstituted for an inquiry by 3 of its members chosen by the\nChairperson of the Practitioners Board, of whom:\n(a) one must be a lawyer; and\n(b) one must be an industry member who is appointed to\nrepresent the interests of the category of building practitioner\nin which the building practitioner the subject of the inquiry is or\nwas registered.\n(2) The member referred to in subsection (1)(a) is the presiding\nmember for the inquiry.\n(3) If there are no members available (because of a conflict of interest\nor otherwise) to be appointed as the member referred to in\nsubsection (1)(a) or (b), the Chairperson may appoint in writing:\n(a) to be the member referred to in subsection (1)(a) – a lawyer\nwho has been admitted to the legal profession for at least\n5 years; or\n(b) to be the member referred to in subsection (1)(b):\n(i) a person who is not a member of the Practitioners Board\nbut is registered in the category of building practitioner in\nwhich the building practitioner the subject of the inquiry\nis or was registered; or\n\nBuilding Act 1993 35\n(ii) if it is not practicable to appoint a person referred to in\nsubparagraph (i) – an industry member who is registered\nin a category of building practitioner (although not the\ncategory in which the building practitioner the subject of\nthe inquiry is or was registered).\n(4) The Director cannot be appointed under subsection (3).\n(5) In this section:\ncategory of building practitioner does not include a sub-category\nof a category of building practitioner.\nindustry member has the meaning in section 12A.\n","sortOrder":61},{"sectionNumber":"34K","sectionType":"section","heading":"Conduct of inquiry generally","content":"34K Conduct of inquiry generally\n(1) Subject to this Division, the procedure for an inquiry must be\ndetermined by the presiding member for the inquiry.\n(2) The Inquiry Board is not bound by the rules of evidence but is\nbound by the rules of natural justice.\n(3) The inquiry must be conducted with as little formality and\ntechnicality, and with as much expedition, as this Act and the\nRegulations and a proper consideration of the matter being inquired\ninto permits.\n(4) The Inquiry Board must keep a record of its proceedings in the\n","sortOrder":62},{"sectionNumber":"34L","sectionType":"section","heading":"Inquiry to be public","content":"34L Inquiry to be public\nAn inquiry must be open to the public unless the presiding member\nfor the inquiry directs otherwise.\n","sortOrder":63},{"sectionNumber":"34M","sectionType":"section","heading":"Parties to inquiry","content":"34M Parties to inquiry\n(1) The parties to an inquiry are:\n(a) the Director; and\n(b) the building practitioner the subject of the inquiry.\n(2) A party may appear before the inquiry personally or by a\nrepresentative.\n\nBuilding Act 1993 36\n","sortOrder":64},{"sectionNumber":"34N","sectionType":"section","heading":"Powers to compel evidence","content":"34N Powers to compel evidence\n(1) The Inquiry Board may require a person giving evidence at an\ninquiry:\n(a) to give evidence on oath; or\n(b) to answer a question.\n(2) The Inquiry Board may, by notice in writing served on the person,\nrequire a person:\n(a) to attend and give evidence; or\n(b) to attend before the Board and produce a document in the\nperson's possession or control.\n(3) The Inquiry Board may keep a document produced to it under this\nsection for as long as the Board considers it necessary to complete\nthe inquiry.\n(4) A person must not, without reasonable excuse, refuse or fail to\ncomply with a requirement under this section.\n","sortOrder":65},{"sectionNumber":"34P","sectionType":"section","heading":"Decision on inquiry","content":"34P Decision on inquiry\n(1) On completion of an inquiry, the Inquiry Board must:\n(a) decide, in accordance with section 34S, whether or not a\nbuilding practitioner the subject of the inquiry is guilty of\nprofessional misconduct; and\n(b) if the practitioner is guilty – decide the action to be taken\nunder section 34T and whether or not to take additional action\nunder section 34U.\n(2) As soon as practicable after making the decision, the Inquiry Board\nmust give written notice of the decision to:\n(a) the Director; and\n(b) the building practitioner; and\n(c) if the matter inquired into was referred to the Board under\nsection 33(1) or 34(1)(b) – the complainant in the\ninvestigation.\n\nBuilding Act 1993 37\n(3) The notice must set out:\n(b) the fact that the building practitioner or the Director may apply\nto the Tribunal for a review of the decision under section 35.\n","sortOrder":66},{"sectionNumber":"34Q","sectionType":"section","heading":"Costs","content":"34Q Costs\n(1) If the Inquiry Board decides that a building practitioner the subject\nof an inquiry is not guilty of professional misconduct, the Board may\norder the Territory to pay all or a specified part of the practitioner's\nreasonable costs.\n(2) The costs ordered to be paid are recoverable as a debt due to the\nbuilding practitioner by the Territory.\n","sortOrder":67},{"sectionNumber":"34R","sectionType":"section","heading":"Publication of decision","content":"34R Publication of decision\n(1) The Inquiry Board may give a copy of its decision in an inquiry to:\n(a) a professional or trade organisation of which the building\npractitioner the subject of the inquiry is a member; or\n(b) the practitioner's employer.\n(2) The Inquiry Board must not give an organisation or employer a\ncopy of the decision until after the building practitioner has been\nnotified of the decision under section 34P(2).\n(3) The Inquiry Board, or an organisation or employer who is given a\ncopy of a decision under subsection (1), may publish a copy or\nreport of the decision in whatever manner the Board, organisation\nor employer considers appropriate.\n(4) The Inquiry Board, organisation or employer is not civilly or\ncriminally liable for publishing in good faith a copy of, or a fair and\naccurate report of, the decision.\n","sortOrder":68},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Professional misconduct and failure to meet","content":"Division 3B Professional misconduct and failure to meet\n","sortOrder":69},{"sectionNumber":"34S","sectionType":"section","heading":"Professional misconduct","content":"34S Professional misconduct\nA building practitioner is guilty of professional misconduct if, on\ncompletion of an inquiry, the Inquiry Board is satisfied on the\nbalance of probabilities that the practitioner:\n(a) has committed an offence against this Act or the Regulations;\nor\n\nBuilding Act 1993 38\n(b) is guilty of a pattern of negligent or incompetent conduct or\nserious negligence or incompetence in carrying out particular\n(c) has authorised or permitted an employee, or another person\nengaged to do work on the practitioner's behalf, to work as a\nbuilding practitioner in a category of building practitioner in\nwhich the employee or other person is not registered; or\n(d) obtained his or her registration by fraud or misrepresentation;\nor\n(e) has had his or her authority to practise as a building\npractitioner in a place outside the Territory cancelled or\nsuspended, otherwise than for failure to renew the authority;\nor\n(f) is guilty of conduct referred to in section 33(1)(a) or (b)\nor 34E(1)(a) or (b); or\n(g) is otherwise guilty of professional misconduct.\n","sortOrder":70},{"sectionNumber":"34T","sectionType":"section","heading":"Disciplinary action by Inquiry Board","content":"34T Disciplinary action by Inquiry Board\nIf, on completion of an inquiry, the Inquiry Board decides under\nsection 34P(1)(a) that a building practitioner is guilty of professional\nmisconduct, the Board may take any of the following actions in\nrelation to the practitioner:\n(a) reprimand the practitioner;\n(b) require the practitioner to pay all or a specified part of the\nreasonable costs of the Director in the inquiry;\n(c) require the practitioner to give an undertaking to do, or not to\ndo, a specified thing:\n(i) at any time or during any period; or\n(ii) at a specified time or during a specified period;\n(d) require the practitioner to pay to the Territory a civil penalty\nnot exceeding:\n(i) if the practitioner is an individual – 160 penalty units; or\n(ii) if the practitioner is a corporation – 800 penalty units;\n(e) suspend the practitioner's registration for a specified period\n(not exceeding 3 years);\n\nBuilding Act 1993 39\n(f) cancel the practitioner's registration.\n","sortOrder":71},{"sectionNumber":"34U","sectionType":"section","heading":"Inquiry Board may direct audit","content":"34U Inquiry Board may direct audit\nIn addition to any action under section 34T, the Inquiry Board may\ndirect the Director to audit the building practitioner's work or\nconduct or both.\n","sortOrder":72},{"sectionNumber":"34V","sectionType":"section","heading":"Recovery of civil penalty","content":"34V Recovery of civil penalty\nA civil penalty imposed under section 34T(d) is recoverable as a\ndebt due to the Territory by the building practitioner.\n34VA Suspension where building practitioner no longer meets\n(1) The Practitioners Board must, by order, suspend the registration of\na building practitioner if it is satisfied that the building practitioner\nhas ceased to comply with the qualifications or other requirements\nfor registration.\n(2) A suspension under subsection (1) remains in force until the Board\nis satisfied that the building practitioner has complied with the\nqualifications or other requirements for registration.\n(3) As soon as practicable after deciding to order a suspension under\nsubsection (1), the Practitioners Board must give written notice of\nthe decision to the building practitioner.\n(4) The notice must set out:\n(b) the fact that the building practitioner may apply to the Tribunal\nfor a review of the decision under section 35.\n34VB Returning registration certificate after registration suspended\nor cancelled\nA building practitioner must, not later than 14 days after his or her\nregistration is cancelled or suspended, deliver to the Practitioners\nBoard the registration certificate issued under section 24H.\n","sortOrder":73},{"sectionNumber":"34W","sectionType":"section","heading":"Effect of suspension","content":"34W Effect of suspension\nThe suspension of the building practitioner's registration has, during\nthe period of suspension, the same effect as the cancellation of the\n\nDivision 3C Disciplinary action for contravention of Commissioner's decision\nBuilding Act 1993 40\nDivision 3C Disciplinary action for contravention of\nCommissioner's decision\n34X Application of Division\n(1) This Division applies if:\n(a) the Commissioner has made a decision about a consumer\nguarantee dispute that requires a residential builder to rectify\ndefective prescribed residential building work; and\n(b) the builder has contravened the Commissioner's decision; and\n(c) the contravention is specified by regulation to be professional\nmisconduct.\n(2) This Division does not apply in relation to a residential builder who\nis an owner-builder.\n","sortOrder":74},{"sectionNumber":"34Y","sectionType":"section","heading":"Disciplinary action by Practitioners Board","content":"34Y Disciplinary action by Practitioners Board\n(1) If the Practitioners Board is satisfied that all the circumstances\nspecified in section 34X(1) apply in relation to a residential builder,\nthe Board must decide to take one or more of the following actions:\n(a) reprimand the builder;\n(b) require the builder to pay to the Territory a civil penalty not\nexceeding:\n(i) if the builder is an individual – 160 penalty units; or\n(ii) if the builder is a corporation – 800 penalty units;\n(c) suspend the builder's registration for a specified period (not\nexceeding 3 years);\n(d) cancel the builder's registration.\nNote for subsection (1)(c) and (d)\nSections 34VB and 34W apply if the builder's registration is suspended or\ncancelled.\n(2) In addition, the Practitioners Board may decide to take one or both\nof the following actions:\n(a) require the residential builder to give an undertaking to do, or\nnot to do, a specified thing:\n(i) at any time or during any period; or\n\nBuilding Act 1993 41\n(ii) at a specified time or during a specified period;\n(b) direct the Director to audit the builder's work or conduct, or\nboth.\n(3) The Practitioners Board must make an entry in the register of\nbuilding practitioners, maintained under section 16, about an action\nthe Board has taken after making a decision under this section.\n(4) A civil penalty imposed under subsection (1)(b) is recoverable as a\ndebt due to the Territory by the residential builder.\n(5) To avoid doubt, in satisfying itself for subsection (1) the\nPractitioners Board is not required to conduct an inquiry as\nmentioned in Division 3A.\n","sortOrder":75},{"sectionNumber":"34Z","sectionType":"section","heading":"Notice of decision","content":"34Z Notice of decision\n(1) As soon as practicable after deciding to take any of the actions\nmentioned in section 34Y(1) or (2), the Practitioners Board must\ngive written notice to:\n(a) the residential builder; and\n(b) the Director.\n(2) The notice must set out:\n(b) the fact that the building practitioner or the Director may apply\nto the Tribunal for a review of the decision under section 35.\n(3) The Practitioners Board must also give written notice to the\nfollowing persons about the decision:\n(a) the Commissioner;\n(b) the applicant for a decision about the consumer guarantee\ndispute mentioned in section 34X(1)(a).\n","sortOrder":76},{"sectionNumber":"35","sectionType":"section","heading":"Review by Tribunal","content":"35 Review by Tribunal\n(1) The Tribunal has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 5.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 5 for the decision.\n\nBuilding Act 1993 42\n(3) An affected person for a reviewable decision may apply to the\nTribunal for review of the decision.\nNote for section 35\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review of the decision and other\nrelevant matters in relation to reviews.\n","sortOrder":77},{"sectionNumber":"37","sectionType":"section","heading":"Certificates to be displayed","content":"37 Certificates to be displayed\nA building practitioner must display his, her or its certificate of\nregistration in a conspicuous place at the building practitioner's\nprincipal place of business in the Territory.\n","sortOrder":78},{"sectionNumber":"37A","sectionType":"section","heading":"No interference with building practitioner by corporation","content":"37A No interference with building practitioner by corporation\n(1) This section applies if:\n(a) a corporation is a building practitioner; and\n(b) building work is being carried out on behalf of the corporation\nby a nominee of the corporation or another building\n(2) A person involved in the management of the corporation must not:\n(a) prevent the nominee or other building practitioner from\ncomplying with a provision of this Act relating to the building\n(b) interfere with the nominee or other building practitioner in\ncarrying out the building work in accordance with this Act.\n(3) The corporation must not:\n(a) prevent the nominee or other building practitioner from\ncomplying with a provision of this Act relating to the building\n(b) interfere with the nominee or other building practitioner in\ncarrying out the building work in accordance with this Act.\n\nBuilding Act 1993 43\n","sortOrder":79},{"sectionNumber":"38","sectionType":"section","heading":"Functions of building certifiers","content":"38 Functions of building certifiers\n(1) Building certifiers have the following functions:\n(a) to grant building permits and occupancy certification (other\nthan certificates of existence);\n(b) to make recommendations to the Director about applications\nfor certificates of existence;\n(c) any other functions imposed on building certifiers by this Act.\n(2) Subject to this Part, a person other than a building certifier, must\nnot perform a function referred to in subsection (1) in relation to a\nbuilding or building work.\n","sortOrder":80},{"sectionNumber":"39","sectionType":"section","heading":"Other building certifiers not to be engaged","content":"39 Other building certifiers not to be engaged\nSubject to sections 43, 44 and 45, a person who has engaged a\nbuilding certifier to perform a function referred to in section 38(1) in\nrelation to a building or building work must not engage another\nbuilding certifier to perform:\n(a) the same function; or\n(b) any other function of a building certifier,\nin relation to the building or building work, without the consent of\nthe building certifier already engaged.\n","sortOrder":81},{"sectionNumber":"40","sectionType":"section","heading":"Building certifier or Director may rely on certificate","content":"40 Building certifier or Director may rely on certificate\nA building certifier or the Director may, in performing a function\nunder this Act, rely on any of the following:\n(a) a certificate of a building practitioner that building work\ncomplies with this Act or the Regulations;\n(b) an inspection certificate issued by another building certifier or\nthe Director under section 63;\n(d) an exemption certificate.\n\nBuilding Act 1993 44\n","sortOrder":82},{"sectionNumber":"42","sectionType":"section","heading":"Maintaining register and advice to Director","content":"42 Maintaining register and advice to Director\n(1) A building certifier who grants a building permit or occupancy\ncertification must:\n(a) maintain at the certifier's principal place of business in the\nTerritory a register, in an approved form, of building permits\nand occupancy certification; and\n(b) enter in the register a record of every building permit and\noccupancy certification granted by the building certifier; and\n(c) within 7 days after granting or amending a building permit or\noccupancy certification, give the Director a copy of:\n(i) the permit or certification; and\n(ii) any other documents prescribed by regulation.\n(2) A building certifier must, on demand by the Director, produce to the\nDirector the register referred to in subsection (1).\nMaximum penalty: 17 penalty units.\n","sortOrder":83},{"sectionNumber":"43","sectionType":"section","heading":"Referrals to Director","content":"43 Referrals to Director\n(1) A building certifier engaged to perform a function of a building\ncertifier under this Act may, at any time with the consent of the\nDirector, refer the engagement to the Director for the performance\nby the Director of the function.\n(2) A referral under subsection (1) may be made without the consent of\nthe owner or occupier of the land or building in or on which the\nbuilding work is being carried out or of the builder concerned.\n(3) The building certifier must pay to the Director such fees, costs or\nexpenses in relation to the referral as are agreed with the Director.\n","sortOrder":84},{"sectionNumber":"44","sectionType":"section","heading":"Referrals to other building certifiers","content":"44 Referrals to other building certifiers\nA building certifier engaged to perform a function of a building\ncertifier under this Act may, at any time with the agreement of the\nother building certifier, refer the engagement to another building\ncertifier for the performance by the other building certifier of the\nfunction.\n\nDivision 4 Referral of applications relating to places of public assembly\nBuilding Act 1993 45\n","sortOrder":85},{"sectionNumber":"45","sectionType":"section","heading":"Removal etc. of building certifier","content":"45 Removal etc. of building certifier\n(1) A building certifier who has not completed the functions for which\nthe building certifier was engaged must not be removed from that\nengagement by the owner except with the consent of the Director.\n(2) Where a building certifier resigns from an engagement or dies or\nbecomes incapable for any other reason of performing the functions\nfor which the building certifier was engaged, the owner may, with\nthe consent of the Director, refer the matter to the Director or seek\nthe Director's consent to the engaging of another building certifier.\n(3) An owner must not engage another building certifier in\ncircumstances referred to in subsection (2) except with the consent\nof the Director.\nDivision 4 Referral of applications relating to places of public\nassembly\n","sortOrder":86},{"sectionNumber":"47","sectionType":"section","heading":"Building certifier to refer applications to Director","content":"47 Building certifier to refer applications to Director\n(1) A building certifier must, as soon as practicable after the certifier\nreceives an application for an occupancy permit for a prescribed\nplace of public assembly or a place of a prescribed class of places\nof public assembly, refer the application, and any related building\napplication made to the building certifier, to the Director to be\ndetermined by the Director.\n(2) The building certifier must cause written notice of a referral under\nsubsection (1) to be given to the applicant.\n(3) The Director may remit a related building application to the building\ncertifier for determination by the building certifier if the Director is of\nthe opinion that it is appropriate for the application to be determined\nby the building certifier.\nrelated building application, in relation to an application for an\noccupancy permit mentioned in subsection (1), means any\napplication under this Act that relates to the same building work as\nis specified in the occupancy permit application.\n\nBuilding Act 1993 46\n","sortOrder":87},{"sectionNumber":"Div 5","sectionType":"division","heading":"Performance of building certifier's functions by","content":"Division 5 Performance of building certifier's functions by\nDirector\n","sortOrder":88},{"sectionNumber":"48","sectionType":"section","heading":"Minister may direct performance of functions","content":"48 Minister may direct performance of functions\nThe Minister may, by Gazette notice, direct that the Director may\nperform such of the functions of a building certifier as are specified\nin the notice and the Director may perform those functions\naccordingly.\n","sortOrder":89},{"sectionNumber":"48A","sectionType":"section","heading":"Building work by building contractors","content":"48A Building work by building contractors\n(1) A person must not commence or continue to carry out prescribed\nbuilding work unless the person is:\n(a) a building contractor registered to carry out the building work\nas specified in the Regulations; or\n(b) being supervised by a building contractor mentioned in\nparagraph (a) in accordance with the Regulations.\nsubsection (1) if:\namount for the building work; or\n(b) the defendant is an owner-builder carrying out building work\nthat the defendant is permitted to carry out under the owner-\nbuilder certificate.\n(3) For subsection (2)(a), the Regulations may prescribe different\namounts for different kinds of prescribed building work.\n","sortOrder":90},{"sectionNumber":"48B","sectionType":"section","heading":"Building contract to be entered into","content":"48B Building contract to be entered into\n(1) A prescribed building contractor must not commence or continue to\ncarry out prescribed building work unless the building contractor\nhas entered into a contract with the owner of the land on which the\nbuilding work is to be carried out or with a person authorised by the\nowner to enter into the contract.\n\nBuilding Act 1993 47\n(2) The contract must include, but is not limited to, the matters required\nby the Regulations.\n(2A) A regulation may provide for the contract to include provisions\nabout progress payments linked to specified stages of the\nprescribed building work.\n(3) Subsection (1) does not apply if:\namount; or\n(b) the prescribed building contractor is the owner of the land on\nwhich the building work is to be carried out.\n(4) Despite subsection (3)(b), subsection (1) applies if, at any time after\nthe building permit is granted in respect of the building work, the\nprescribed building contractor enters into an agreement with a\nperson providing for:\n(a) the land to be transferred to the person before an occupancy\npermit is granted for the entire project; and\n(b) the person to make progress payments at times during the\nterm of the agreement as the building work is carried out.\n(5) If subsection (1) applies because of subsection (4), the person\nreferred to in subsection (4) is, for subsection (1), the owner of the\nland on which the building work is to be carried out.\n","sortOrder":91},{"sectionNumber":"48C","sectionType":"section","heading":"Builder's declaration by building contractor about building","content":"48C Builder's declaration by building contractor about building\nwork\n(1) This section applies in relation to prescribed building work that has\nbeen carried out under a contract entered into under section 48B.\n(2) A prescribed building contractor who has completed the prescribed\nbuilding work must, not later than 14 days after completing the\nwork, make a builder's declaration.\n(3) The prescribed building contractor must, not later than 14 days after\ncompleting the prescribed building work, give the builder's\ndeclaration to the building certifier who granted the building permit\nfor the work.\n\nBuilding Act 1993 48\n(4) If the prescribed building contractor is a director or nominee of a\ncorporation who ceases to hold that office or position after\ncompleting the prescribed building work, the director or nominee is\nnot excused from making a builder's declaration relating to the work\nhe or she completed.\n(5) For this section, a prescribed building contractor completes the\nprescribed building work when the building contractor completely\nceases to carry out the building work specified in the contract,\nregardless of whether the work is fully or partially completed.\n48CA Builder's declaration by corporation after prescribed event\n(1) This section applies if all of the following circumstances apply:\n(a) prescribed building work to which section 48C applies has\nbeen completed by a director or nominee of a corporation (the\nresponsible builder);\n(b) the responsible builder has failed to make a builder's\ndeclaration under section 48C(2) solely because of a\nprescribed event;\n(c) the corporation is satisfied the prescribed building work was\ncarried out by the responsible builder in accordance with the\nbuilding permit granted for the work.\n(2) For subsection (1)(c), the corporation must:\n(a) take all the steps necessary within a reasonable time and\nusing proper care and diligence, which may include engaging\nsuitably qualified and experienced persons to inspect and give\nreports about the building work; and\n(b) ensure other prescribed certification required for the building\nwork carried out by the responsible builder has been obtained.\n(3) As soon as practicable after the corporation has satisfied itself for\nsubsection (1)(c), it must:\n(a) give the information it has relied on to a prescribed building\ncontractor who is a director or nominee of the corporation; and\n(b) ensure that a builder's declaration is made under\nsubsection (4) and given to a building certifier as required by\nthat subsection.\n\nBuilding Act 1993 49\n(4) Not later than 14 days after the director or nominee has been given\nthe information under subsection (3), he or she must:\n(a) make a builder's declaration relating to the prescribed building\nwork completed by the responsible builder; and\n(b) include in the declaration details about:\n(i) the prescribed event; and\n(ii) the way in which the corporation has satisfied itself\nunder subsection (2); and\n(c) give the declaration to the building certifier who granted the\nbuilding permit for the work.\nNote for subsection (4)\nSee section 69(5) in relation to protection from prosecution for criminal liability if\nthe declaration is made in good faith.\n","sortOrder":92},{"sectionNumber":"48D","sectionType":"section","heading":"Owner-builders to hold certificate","content":"48D Owner-builders to hold certificate\n(1) A person must not commence or continue to carry out prescribed\nbuilding work on land that the person owns unless:\n(a) the person is an owner-builder; and\n(b) the building work is work that the person is permitted to carry\nout under the owner-builder certificate.\nsubsection (1) if:\namount; or\n(b) the person is a prescribed building contractor and owns the\nland on which the building work is to be carried out.\n","sortOrder":93},{"sectionNumber":"48E","sectionType":"section","heading":"Application for owner-builder certificate","content":"48E Application for owner-builder certificate\n(1) A person may, in the approved form accompanied by the\nprescribed fee, apply to the Practitioners Board for an owner-builder\ncertificate or the renewal of an owner-builder certificate to carry out\nbuilding work on land that he or she owns.\n\nBuilding Act 1993 50\n(2) If the land is owned by more than one person, all the owners must\napply for the owner-builder certificate.\n(3) A person must not make a false declaration in an application for an\nowner-builder certificate.\nperson does not include a body corporate.\n","sortOrder":94},{"sectionNumber":"48F","sectionType":"section","heading":"Granting of owner-builder certificate","content":"48F Granting of owner-builder certificate\n(1) If the Practitioners Board is satisfied that the applicant:\n(a) is the owner of the land on which the building work is to be\ncarried out; and\n(b) has successfully completed a course approved by the\nMinister; and\n(c) has not entered into an agreement to transfer ownership of the\nland to another person;\nit must grant the applicant an owner-builder certificate.\n(2) If an application is made by more than one person,\nsubsection (1)(b) is complied with if at least one of the applicants\nhas successfully completed the course.\n(3) An owner-builder certificate remains in force for 3 years from the\ndate it is granted and may be renewed for a further period (not\nlonger than 3 years) on an application by the owner-builder.\n(4) The Practitioners Board must not grant an owner-builder certificate\nto a person granted an owner-builder certificate in respect of other\nland unless the prescribed period has elapsed since that owner-\nbuilder certificate was granted.\n(5) The Practitioners Board may cancel an owner-builder certificate if it\nis satisfied that the certificate was obtained by fraud.\n(6) The Minister may, by Gazette notice, approve a course for\nsubsection (1).\n\nBuilding Act 1993 51\n","sortOrder":95},{"sectionNumber":"48G","sectionType":"section","heading":"Builder's declaration by owner-builder about building work","content":"48G Builder's declaration by owner-builder about building work\n(1) An owner-builder must, not later than 14 days after completing\nbuilding work specified in a building permit, make a builder's\ndeclaration.\n(2) The owner-builder must, not later than 14 days after completing the\nbuilding work, give the builder's declaration to the building certifier\nwho granted the building permit.\n(3) For this section, an owner-builder completes building work specified\nin a building permit when the owner-builder completely ceases to\ncarry out the building work, regardless of whether the work is fully\nor partially completed.\n","sortOrder":96},{"sectionNumber":"49","sectionType":"section","heading":"Building Regulations – general power","content":"49 Building Regulations – general power\n(1) Regulations made under section 168 may establish standards and\nrequirements for buildings and the carrying out of building work.\n(2) Standards established by the Regulations may be expressed in\nterms of performance, types and material or methods of\nconstruction, or in such other terms as the Administrator thinks fit.\n(3) The Regulations may apply to existing buildings, whether or not\nbuilding work is being or is proposed to be carried out on the\nbuildings.\n","sortOrder":97},{"sectionNumber":"50","sectionType":"section","heading":"Building Regulations – safety matters","content":"50 Building Regulations – safety matters\nThe Regulations may provide for matters affecting the safety of\nexisting or proposed buildings, whether or not building work is being\nor is proposed to be carried out on the buildings and, in particular,\nmay provide for:\n(a) the provision, installation, operation, maintenance and\nreplacement of materials, equipment, services and other items\nin existing or proposed buildings so as to ensure safety; and\n\nBuilding Act 1993 52\n(b) the provision, installation, operation, maintenance and\nreplacement of ventilation, lifts, emergency lighting,\nemergency power, emergency intercommunication systems,\nfire fighting equipment and other emergency equipment and\nservices; and\n(c) the prevention of, and precautions against (and in the event\nof), life threatening emergencies; and\n(d) fire prevention and precautions; and\n(e) the provision of certificates as to compliance with any or all of\nthe Regulations.\n","sortOrder":98},{"sectionNumber":"51","sectionType":"section","heading":"Application of new regulations","content":"51 Application of new regulations\n(1) A regulation or amendment to a regulation does not apply to\nbuilding work for which a building permit is granted under this Act\nbefore the commencement of the regulation or amendment.\n(2) A regulation or amendment to a regulation does not apply to\nbuilding work in respect of which a building certifier has certified in\nwriting that substantial progress was made on the design of the\nbuilding before the commencement of the regulation or\namendment.\n(3) Despite subsections (1) and (2), a building certifier and the owner of\na building may agree that a regulation or amendment to a\nregulation is to apply to building work referred to in those\nsubsections and, if an agreement is made, the regulation or\namendment applies accordingly.\n","sortOrder":99},{"sectionNumber":"52","sectionType":"section","heading":"Adopted codes and standards","content":"52 Adopted codes and standards\n(1) The Regulations may incorporate by reference, either wholly or in\npart and with or without modification, any standards, codes, rules,\nspecifications or methods (each of which is an adopted code or\nstandard), as in force at a particular time or as in force from time to\ntime, prescribed or published by an authority or body, whether or\nnot it is a Territory authority or body.\n(1A) Despite subsection (1), the Minister may, by Gazette notice, declare\nthat specified provisions of an adopted code or standard do not\napply for a period specified in the notice.\n(1B) If a declaration under subsection (1A) disapplies a provision of an\nadopted code or standard that modifies or substitutes another\nprovision of the adopted code or standard, the effect of the\ndeclaration is that the modified or substituted provision is taken to\nremain in force for the specified period.\n\nBuilding Act 1993 53\n(1C) The period specified under subsection (1A) may be fixed by\nreference to the occurrence of a specified event.\n(2) An adopted code or standard may require anything mentioned in it\nto be in accordance with another document mentioned in the\nadopted code or standard.\n(3) The Director:\n(a) must ensure a copy of every adopted code or standard, and\nevery document mentioned in it, is available for inspection by\nmembers of the public at the office of the Director, without\ncharge, during normal office hours; and\n(b) may make available copies of all or part of an adopted code or\nstandard or other document mentioned in paragraph (a) for\npurchase by members of the public on payment of such\ncharge as the Director requires.\n","sortOrder":100},{"sectionNumber":"52A","sectionType":"section","heading":"Director may determine provisions of Regulations adopting","content":"52A Director may determine provisions of Regulations adopting\ncode or standard not to apply in certain circumstances\nThe Director may, in writing, determine that specified provisions of\nthe Regulations that adopt a code or standard under section 52, do\nnot apply in relation to specified building work if the Director is of\nthe opinion that the building work:\n(a) consists of minor work; and\n(b) would not adversely affect the safety of persons occupying or\nusing a building or an area of land in the vicinity of a building.\n","sortOrder":101},{"sectionNumber":"53","sectionType":"section","heading":"Accreditation of building products and other things","content":"53 Accreditation of building products and other things\n(1) A building product, construction method, design, component or\nsystem accredited by a person or body prescribed for the purposes\nof this section is accredited for the purposes of this Act.\n(2) The accreditation is subject to such conditions or variations, if any,\nimposed by the person or body from time to time and remains in\nforce until the accreditation is revoked by the person or body.\n","sortOrder":102},{"sectionNumber":"54","sectionType":"section","heading":"Effect of accreditation","content":"54 Effect of accreditation\n(1) A building certifier must not refuse to approve building work on the\nground that a building product, construction method, design,\ncomponent or system connected with the building work is\nunsatisfactory if the product, method, design, component or system\nis accredited by a prescribed person or body and it complies with\nthe accreditation.\n\nBuilding Act 1993 54\n(2) The Regulations may provide for the issue of certificates of\naccreditation for building products, construction methods, designs,\ncomponents and systems accredited by a person or body.\n","sortOrder":103},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Prescribed residential building work –","content":"Part 5A Prescribed residential building work –\nconsumer protection\n","sortOrder":104},{"sectionNumber":"54A","sectionType":"section","heading":"Application of Part","content":"54A Application of Part\n(1) This Part applies in relation to prescribed residential building work\ncarried out, or to be carried out, by a residential builder.\n(2) However, this Part does not apply in relation to prescribed\nresidential building work carried out, or to be carried out, in relation\nto a building owned by a public authority.\n54AB Prescribed residential building work and residential builders\n(1) Prescribed residential building work is building work in\nconnection with a residential building that is prescribed by\nregulation for this Part.\n(2) A residential builder is one of the following:\n(a) a contracting residential builder;\n(b) a developer;\n(c) an owner-builder;\n(d) a person specified by regulation to be a residential builder.\n(3) Also, in relation to an application to the Commissioner under\nDivision 6 about prescribed residential building work, a residential\nbuilder includes the following:\n(a) a contracting residential builder who was registered at the time\nthe residential building contract for the work was entered into,\nor the work was carried out, but is not registered at the time\nthe application is made;\n(b) a developer who was registered at the time the work was\ncarried out but is not registered at the time the application is\nmade;\n\nBuilding Act 1993 55\n(c) an owner-builder whose owner-builder certificate in relation to\nthe work is no longer in force at the time the application is\nmade.\n54AC Requirement for authorised RBI policy or fidelity certificate\n(1) A residential builder must not carry out prescribed residential\nbuilding work unless:\n(a) one of the following is in force for the work:\n(i) an authorised RBI policy;\n(ii) a fidelity certificate; and\n(b) if the residential builder has entered into a residential building\ncontract for the work – the builder has given the other party to\nthe contract:\n(i) the RBI policy document for the work; or\n(ii) a copy of the fidelity certificate.\n(2) A residential builder must not demand or receive payment (whether\nas a deposit or otherwise) under a residential building contract\nunless:\n(a) one of the following is in force for the prescribed residential\nbuilding work to be carried out under the contract:\n(i) an authorised RBI policy;\n(ii) a fidelity certificate; and\n(b) the builder has given the other party to the contract:\n(i) the RBI policy document for the work; or\n(ii) a copy of the fidelity certificate.\n54AD Current owner\nFor this Part, a current owner, in relation to land or a residential\nbuilding, is one of the following persons who currently owns the\nland or building:\n(a) a contracting owner;\n\nDivision 2 Consumer guarantees for prescribed residential building work\nBuilding Act 1993 56\n(b) a person who is a successor in title to a contracting owner,\ndeveloper or owner-builder;\n(c) a person specified by regulation to be a current owner.\nDivision 2 Consumer guarantees for prescribed residential\nbuilding work\n","sortOrder":105},{"sectionNumber":"54B","sectionType":"section","heading":"Consumer guarantees","content":"54B Consumer guarantees\n(1) The following guarantees (consumer guarantees) apply to all\nprescribed residential building work carried out by a residential\nbuilder:\n(a) the residential builder will carry out the building work in a\nproper and workmanlike manner and in accordance with the\nplans and specifications:\n(i) specified in the building permit for the work; and\n(ii) if there is a residential building contract for the work –\nspecified in the contract;\n(b) all materials supplied by the residential builder will be good\nand suitable for the purpose for which they are to be used;\n(c) all materials supplied by the residential builder will be new\nunless:\n(i) the residential builder is an owner-builder or developer;\nor\n(ii) if there is a residential building contract for the work –\nthe contract for the work specifies otherwise;\n(d) the residential builder will carry out the building work in\naccordance with this Act, the Regulations and other laws in\nforce in the Territory;\n(e) the residential builder will carry out the building work with\nreasonable care and skill;\n(f) the residential builder will complete the work:\n(i) if there is a residential building contract for the work – by\nthe date, or within the period, specified in the contract; or\n(ii) otherwise – within a reasonable period;\n(g) any other guarantee specified by regulation.\n\nDivision 2 Consumer guarantees for prescribed residential building work\nBuilding Act 1993 57\n(2) The consumer guarantees have effect for the period prescribed by\nregulation (the prescribed effective period).\n54BA Contracts not to exclude consumer guarantees or other rights\n(1) A contracting residential builder must include the consumer\nguarantees in each residential building contract the builder enters\ninto.\n(2) A provision of a residential building contract is of no effect to the\nextent to which the provision purports to:\n(a) restrict or remove the rights of a person in relation to:\n(i) a consumer guarantee; or\n(ii) another matter relating to the rights of the contracting\nowner that is required by regulation to be included in the\ncontract; or\n(b) require a dispute in relation to the contract to be referred to\narbitration.\n(3) Despite subsection (2)(b), this section does not prevent the parties\nto a residential building contract from entering into an agreement,\nafter a dispute has arisen under the contract, about referring the\ndispute to arbitration.\n(4) However, subsection (3) does not apply in relation to a consumer\n54BB Current owner of land or building entitled to guarantees\nA current owner of land or a residential building is entitled, during\nthe prescribed effective period, to the benefit of the consumer\nguarantees for prescribed residential building work carried out on\nthe land or in connection with the building.\n54BC Other consumer rights not affected\nThis Division does not affect other rights a current owner of land or\na residential building has under any other law in force in the\nTerritory that deals with the protection of the rights of consumers in\nrelation to the provision of goods or services in connection with\n\nBuilding Act 1993 58\nDivision 3 Residential building insurance provided by\napproved insurers\n","sortOrder":106},{"sectionNumber":"54C","sectionType":"section","heading":"Residential building insurance","content":"54C Residential building insurance\nResidential building insurance is insurance, or a similar kind of\nindemnity, that indemnifies the beneficiary of the residential building\ninsurance against financial loss incurred in relation to prescribed\nresidential building work because:\n(a) a residential builder has failed to complete the work or has\ncontravened a consumer guarantee; and\n(b) any of the following events has occurred:\n(i) the builder has died, disappeared or become bankrupt or\ninsolvent;\n(ii) the builder's registration has ceased for a reason\nspecified by regulation.\n54CA Approval of insurers\nThe Minister may, by Gazette notice, approve any of the following\nto issue authorised RBI policies:\n(a) a body corporate authorised under the Insurance Act 1973\n(Cth) to carry on insurance business;\n(b) a person entitled under a law in force in the Territory to carry\non business in connection with providing residential building\ninsurance.\n54CB Authorised RBI policy\n(1) An authorised RBI policy is a policy or another form of agreement:\n(a) under which an approved insurer provides residential building\ninsurance:\n(i) in accordance with this Division, regulations made under\nthis Division and the directions of the Minister under\nsection 54CG; and\n(ii) for the period prescribed by regulation; and\n(b) under which the whole of the premium payable for the period\nprescribed under paragraph (a)(ii) has been paid; and\n(c) in the form approved in writing by the Minister.\n\nBuilding Act 1993 59\n(2) An approved insurer must not represent that an insurance policy or\nanother form of agreement issued, or to be issued, by the insurer is\nan authorised RBI policy if the insurer knows it is not an authorised\nRBI policy.\nMaximum penalty: 250 penalty units.\n54CC Provisions of authorised RBI policy\n(1) Subject to section 54CB(1), an approved insurer:\n(a) must specify in an authorised RBI policy the provisions\nrequired by regulation; and\n(b) may specify in the policy:\n(i) the provisions the insurer considers appropriate for the\npolicy; and\n(ii) the premium payable by a residential builder under the\npolicy.\n(2) An authorised RBI policy must provide for cover of a minimum\namount as prescribed by regulation.\n(3) The approved insurer must submit to the Minister, for the Minister's\napproval, the general form and provisions for each type of policy\nthe insurer intends to issue for providing residential building\ninsurance.\n(4) An authorised RBI policy that contains a provision not approved by\nthe Minister:\n(a) is not invalid only for that reason; but\n(b) the provision has no effect.\n(5) An authorised RBI policy that contains a provision that is\ninconsistent with this Act, the Regulations or a direction of the\nMinister under section 54G:\n(a) is not invalid only for that reason; but\n(b) is of no effect to the extent of the inconsistency.\n54CD RBI policy document\n(1) When an approved insurer issues an authorised RBI policy, the\ninsurer must give an RBI policy document to the residential builder\nwho will be carrying out the prescribed residential building work\ncovered by the policy.\n\nBuilding Act 1993 60\n(2) An RBI policy document is a document, in the form approved in\nwriting by the Minister, that:\n(a) is evidence of an authorised RBI policy; and\n(b) specifies the prescribed residential building work to which the\nauthorised RBI policy relates.\n54CE Annual statement about claims\n(1) An approved insurer must, within the period specified by regulation,\ngive the Minister a written statement about claims on authorised\nRBI policies dealt with by the insurer during a financial year.\n(2) The statement must include the following information:\n(a) the number of claims;\n(b) the amount of each claim;\n(c) the number of claims that were paid;\n(d) the amount paid on each claim;\n(e) if a claim was rejected – the reason for its rejection.\n54CF Notice of cessation as approved insurer\n(1) A person who was approved under section 54CA to issue\nauthorised RBI policies ceases to be an approved insurer if the\nperson:\n(a) ceases to be a body corporate authorised under the Insurance\nAct 1973 (Cth) to carry on insurance business; or\n(b) ceases to be entitled under a law in force in the Territory to\ncarry on business in connection with providing residential\nbuilding insurance.\n(2) A person must, within 7 days after an occurrence mentioned in\nsubsection (1)(a) or (b), give written notice of the occurrence to the\nMinister.\nMaximum penalty: 50 penalty units.\n(3) An offence against subsection (2) is a regulatory offence.\n\nBuilding Act 1993 61\n54CG Directions by Minister\nThe Minister may:\n(a) give general directions to approved insurers in relation to\nauthorised RBI policies; and\n(b) direct an approved insurer to include in an authorised\nRBI policy to be issued by the insurer the provisions specified\nby the Minister.\n54CH Offence to give misleading information or document\n(1) A residential builder must not give an approved insurer information\nthe builder knows is misleading information.\nMaximum penalty: 200 penalty units.\n(2) A residential builder must not give an approved insurer a document\ncontaining information the builder knows is misleading information.\nMaximum penalty: 200 penalty units.\n(3) However, subsection (2) does not apply if the residential builder,\nwhen giving the document to the approved insurer:\n(a) draws the misleading aspect of the document to the insurer's\nattention; and\n(b) to the extent to which the builder can reasonably do so – gives\nthe insurer the information necessary to remedy the\nmisleading aspect of the document.\n54CI Insurer's liability not affected if given misleading information\nAn approved insurer is not entitled to avoid liability under an\nauthorised RBI policy only because the residential builder to whom\nthe policy applies gave the insurer misleading information to obtain\nthe policy.\n54CJ Regulations\nA regulation may provide for matters relating to approved insurers\nand authorised RBI policies, including any of the following:\n(a) the criteria for giving approval under section 54CA;\n(b) provisions that must be included in an authorised RBI policy\n(a policy);\n(c) losses to be indemnified by a policy;\n\nBuilding Act 1993 62\n(d) the beneficiaries to whom a policy must provide specified\nindemnity and persons not entitled to the benefit of an\nindemnity;\n(e) the notification by a beneficiary of an event giving rise to an\nentitlement to make a claim under a policy;\n(f) the making of a claim by a beneficiary under a policy;\n(g) criteria for establishing a residential builder's failure to\ncomplete prescribed residential building work or for\nestablishing other events giving rise to an entitlement to make\na claim under a policy;\n(h) limitations or reductions in liability;\n(i) recovery by an approved insurer of an amount paid by the\ninsurer on a claim made by a beneficiary under a policy and\nsubrogation of the beneficiary's rights.\nDivision 4 Fidelity certificates and approved fidelity fund\nschemes\n","sortOrder":107},{"sectionNumber":"54D","sectionType":"section","heading":"Fidelity certificate","content":"54D Fidelity certificate\n(1) A fidelity certificate is a certificate in the approved form, issued\nunder an approved scheme, relating to the prescribed residential\nbuilding work specified in the certificate.\n(2) A fidelity certificate relates to financial loss incurred in relation to the\nspecified prescribed residential building work because:\n(a) a residential builder has failed to complete the work or has\ncontravened a consumer guarantee; and\n(b) any of the following events has occurred:\n(i) the builder has died, disappeared or become bankrupt or\ninsolvent;\n(ii) the builder's registration has ceased for a reason\nspecified by regulation.\n54DA Application for approval of fidelity fund scheme\n(1) The trustees of a fidelity fund scheme may apply to the Minister for\napproval of the scheme to provide fidelity certificates.\n\nBuilding Act 1993 63\n(2) The application must:\n(a) be signed by all the trustees of the fidelity fund scheme; and\n(b) be accompanied by a copy of the trust deed for the scheme,\ncertified as prescribed by regulation; and\n(c) include all the information required to satisfy the Minister that\nthe scheme complies with the approval criteria.\n(3) The approval criteria for a fidelity fund scheme are the\nrequirements, prescribed by regulation, with which the scheme\nmust comply to be an approved scheme.\n(4) The approval criteria must include requirements for the following:\n(a) the management of the fidelity fund scheme in accordance\nwith the scheme's trust deed;\n(b) qualifications or suitability for appointment as a trustee of the\n(c) the powers and duties of the trustees of the scheme;\n(d) the financial management of the scheme;\n(e) the prescribed residential building work for which a fidelity\ncertificate may be issued;\n(f) the people who are entitled to make claims under a fidelity\ncertificate;\n(g) applications for claims under a fidelity certificate;\n(h) dealing with claims under the scheme;\n(i) compliance with prudential standards.\n(5) A regulation prescribing a requirement for the approval criteria may\napply, adopt or incorporate (with or without changes) the whole or\npart of a law in force in the Territory, or the whole or part of a\ndocument, as in force or existing at a particular time or from time to\ntime.\n\nBuilding Act 1993 64\n54DB Deciding application\n(1) Before considering whether to approve a fidelity fund scheme, the\nMinister may, by written notice, require the trustees of the scheme\nto do either or both of the following:\n(a) give specified additional information or documents necessary\nto enable the Minister to make a decision about approval;\n(b) give a statutory declaration about the information included in\nthe application or any additional information or documents\ngiven to the Minister.\n(2) Before approving a fidelity fund scheme, the Minister may require\nthe scheme to be amended to ensure it complies with this Act.\n(3) The Minister may:\n(a) if satisfied a fidelity fund scheme complies with the approval\ncriteria – approve the scheme to provide fidelity certificates; or\n(b) otherwise – refuse to approve the scheme.\n(4) A condition may be expressed to have effect despite anything in the\nprudential standards.\n(5) If the Minister approves a fidelity fund scheme under\nsubsection (3)(a), each trustee named in the application under\nsection 54DA is taken to have been approved by the Minister under\nsection 54DBA(2)(a).\nNote for subsection (5)\nThe Minister's approval under section 54DBA(2)(a) is required for the\nappointment of subsequent trustees of an approved scheme.\n54DBA Approval of trustees\n(1) The trustees of an approved scheme must, as soon as practicable\nafter appointing a trustee of the scheme, apply in writing to the\nMinister to approve the appointment.\n(2) The Minister must, by written notice to the trustees:\n(a) if satisfied the person meets the eligibility criteria for the\nappointment as specified by regulation – approve the\nappointment; or\n(b) otherwise – refuse to approve the appointment.\n\nBuilding Act 1993 65\n(3) The appointment of the person as a trustee of the scheme takes\neffect only after the appointment has been approved under this\nsection.\n(4) A regulation may prescribe matters relating to the appointment of a\nperson as a trustee of an approved scheme, including any of the\n(a) the application for approval of the person;\n(b) the approval or refusal to approve;\n(c) the revocation of approval;\n(d) a person ceasing to be a trustee;\n(e) giving notices relevant to the appointment.\n54DC Prudential standards for approved scheme\n(1) A regulation may prescribe standards (the prudential standards)\nrelating to prudential matters that must be complied with under an\napproved scheme.\n(2) Without limiting subsection (1), the prudential standards may\nprovide for the following matters in relation to an approved scheme:\n(a) the continuing eligibility of a person to be a trustee of the\n(b) the capital adequacy of the scheme;\n(c) the valuation of liabilities;\n(d) the effectiveness of risk management strategies and\ntechniques;\n(e) requirements for giving information to a specified person or\nentity about the trustee's decisions to pay or refuse to pay\nclaims.\n(3) A regulation prescribing prudential standards may:\n(a) provide for the exercise of discretions under the standards,\nincluding discretions to approve, impose, adjust or exclude\nparticular matters in relation to an approved scheme; and\n(b) apply, adopt or incorporate (with or without changes) the\nwhole or part of a law in force in the Territory, or the whole or\npart of a document, as in force or existing at a particular time\nor from time to time.\n\nBuilding Act 1993 66\nprudential matters, for an approved scheme, means matters\nrelating to the trustees conducting the scheme's affairs:\n(a) in a way that keeps the scheme's affairs in a sound financial\nposition; and\n(b) with integrity, prudence and professional skill.\n54DD Compliance with conditions and prudential standards\n(1) Each trustee of an approved scheme must ensure the scheme\ncomplies with:\n(a) the conditions of the scheme's approval; and\n(b) the prudential standards.\n(2) An offence against subsection (1)(a) or (b) is a regulatory offence.\n54DE Powers of Minister\n(1) The Minister may, in accordance with a regulation, take any of the\nfollowing actions in relation to an approved scheme:\n(a) require the trustees of the scheme to comply with a provision\nof the prudential standards;\n(b) require the trustees of the scheme to give the Minister\ninformation relevant to the operation and management of the\n(c) suspend the approval of the scheme;\n(d) cancel the approval of the scheme.\n(2) A regulation may deal with the procedures for subsection (1) and\nthe consequences of a failure by the trustees to comply with a\nrequirement of the Minister.\n54DF Orders consequential on suspension or cancellation of\napproval\n(1) If the Minister suspends or cancels the approval of a fidelity fund\nscheme under section 54DE(1)(c) or (d), the Minister may apply to\nthe Supreme Court for orders to give effect to, or consequential on,\nthe suspension or cancellation.\n\nBuilding Act 1993 67\n(2) On application under subsection (1), the Supreme Court may make\nthe orders it considers just, including:\n(a) orders for the winding-up of the scheme; and\n(b) orders in relation to the assets and liabilities of the scheme.\n54DFA Minister's observer\n(1) The Minister may, in writing, appoint a public sector employee to be\nthe Minister’s observer for an approved scheme.\n(2) The Minister's observer has the function of providing advice to the\nMinister on all matters relevant to the scheme's compliance with\nthis Act, the Regulations and any conditions of approval of the\nscheme.\n(3) The trustees of an approved scheme must allow the Minister's\nobserver:\n(a) to be present at each meeting of the trustees; and\n(b) to have access to all documents and information as to allow\nthe observer to perform the function mentioned in\nsubsection (2).\n","sortOrder":108},{"sectionNumber":"54E","sectionType":"section","heading":"Appointment of auditor and actuary","content":"54E Appointment of auditor and actuary\n(1) The trustees of an approved scheme must appoint:\n(a) a person as the scheme's auditor; and\n(b) another person as the scheme's actuary.\n(2) The trustees must apply in writing to the Minister to approve the\nappointment.\n(3) The Minister may, by written notice to the trustees:\n(a) if satisfied the person meets the eligibility criteria for the\nappointment as specified by regulation – approve the\nappointment; or\n(b) otherwise – refuse to approve the appointment.\n\nBuilding Act 1993 68\n(4) The appointment of a person as the auditor or actuary of an\napproved scheme takes effect only:\n(a) after the appointment has been approved; and\n(b) if no other person is currently appointed to the position.\n(5) No later than 6 weeks after a person ceases to be the auditor or\nactuary for an approved scheme, the trustees of the scheme must\nappoint another person to the position.\n(6) A regulation may deal with all matters relating to the appointment of\na person as an auditor or actuary of an approved scheme, including\n(a) the application for approval of the person;\n(b) the approval or refusal to approve;\n(c) the revocation of approval;\n(d) a person ceasing to be the auditor or actuary;\n(e) giving notices relevant to the appointment.\n54EA Auditor's role\n(1) The auditor for an approved scheme must, in accordance with the\nprudential standards:\n(a) exercise the functions of an auditor as prescribed by the\nprudential standards; and\n(b) ascertain, and report on, whether the trustees of the scheme\nare complying with the prudential standards; and\n(c) prepare, and give to the trustees of the scheme, the reports\nthe prudential standards require the auditor to prepare; and\n(d) give the trustees the certificates relating to the scheme's\naccounts the prudential standards require the auditor to\nprepare.\n(2) A report given under subsection (1)(c) must deal with everything the\nprudential standards require the report to deal with.\n(3) A certificate given under subsection (1)(d) must contain statements\nof the auditor's opinion on the matters the prudential standards\nrequire the certificate to contain.\n\nBuilding Act 1993 69\n54EB Actuary's role\n(1) The actuary for an approved scheme must, in accordance with the\nprudential standards:\n(a) exercise the functions of an actuary as specified in the\nprudential standards; and\n(b) prepare, and give to the trustees of the scheme, the reports\nthe prudential standards require the actuary to prepare.\n(2) A report given under subsection (1)(b) must include all the\ninformation the prudential standards require the report to include.\n54EC Compliance with prudential standards\nThe auditor or actuary for an approved scheme must comply with\nthe prudential standards relating to the performance of the functions\nof the position.\n54ED Notice to Minister about insolvency or contravention\n(1) This section applies if the auditor or actuary for an approved\nscheme forms the belief that:\n(a) the scheme is insolvent, or there is a significant risk that it will\nbecome insolvent; or\n(b) the trustees have contravened this Act or another law in force\nin the Territory in relation to the scheme.\n(2) The auditor or actuary must give the Minister written notice about\nthe matter within 7 days after the day on which the belief is formed.\n54EE Giving information to Minister\n(1) This section applies in relation to a person who is, or has been, an\nauditor or actuary for an approved scheme.\n(2) The person may give information to the Minister about the approved\nscheme if the person considers that giving the information will\nassist the Minister to exercise the Minister's functions in relation to\nthe scheme.\n\nBuilding Act 1993 70\n(3) The Minister may, by written notice given to a person mentioned in\nsubsection (1), require the person to give the Minister specified\ninformation about the approved scheme within a specified\nreasonable time.\n(4) A person must not contravene a notice under subsection (3).\n54EF Appointment of special actuary to investigate liabilities\n(1) The Minister may, by written notice given to the trustees of an\napproved scheme, require the trustees to appoint a person as a\nspecial actuary for the scheme:\n(a) to investigate all or some of the scheme's liabilities as at a\nparticular time; and\n(b) to give the Minister a written report within a specified period.\n(2) An approved scheme must meet the expenses associated with the\nappointment of a person as its special actuary.\n(3) A person appointed as a special actuary for an approved scheme\nmust meet the eligibility criteria for appointment prescribed by\nregulation.\n(4) A regulation may deal with matters relating to the appointment of a\nperson as a special actuary for an approved scheme, including\nprocedures:\n(a) the trustees of the approved scheme must follow in relation to\nthe appointment; and\n(b) to be followed if the Minister considers that the person\nappointed is unsuitable to hold the appointment.\n54EG Special actuary's report\n(1) The trustees of an approved scheme must ensure that a special\nactuary's report is given to the Minister:\n(a) within 30 days after the day on which the Minister gave notice\nto the trustee's under section 54EF(1); or\n(b) within the further time the Minister allows in writing.\n(2) An offence against subsection (1) is a regulatory offence.\n\nBuilding Act 1993 71\n(3) A special actuary's report must be signed by the special actuary\nand include the information required by regulation.\n54EH Obligations of trustees to auditor, actuary and special actuary\n(1) The trustees of an approved scheme must make the arrangements\nnecessary to enable the auditor, actuary or special actuary for the\nscheme to exercise the functions of that position in relation to the\nscheme.\n(2) An offence against subsection (1) is a regulatory offence.\n54EI Protection of auditor, actuary and special actuary from liability\nThe auditor, actuary or special actuary for an approved scheme\ndoes not incur civil liability, or criminal liability under the Defamation\nAct 2006, for an act or omission done honestly and without\nnegligence for this Act.\n","sortOrder":109},{"sectionNumber":"54F","sectionType":"section","heading":"Commissioner of Residential Building Disputes","content":"54F Commissioner of Residential Building Disputes\n(1) The Minister may appoint a person to be the Commissioner of\nResidential Building Disputes.\n(2) A person appointed to be the Commissioner holds office for\n3 years, or the lesser period specified in the instrument of\nappointment, and is eligible for reappointment.\n(3) If the Minister does not appoint a person to be the Commissioner,\nthe person holding or occupying the office of Commissioner of\nConsumer Affairs under the Consumer Affairs and Fair Trading\nAct 1990 occupies the office of the Commissioner.\n54FA Functions and powers of Commissioner\n(1) The Commissioner has the following functions:\n(a) to investigate and research matters relevant to persons who\nmay be affected by residential building contracts and\nconsumer guarantees;\n(b) to publish reports and information about residential building\ncontracts and consumer guarantees;\n\nBuilding Act 1993 72\n(c) to inform the public about provisions under this Act relating to\nresidential building contracts, consumer guarantees and\nconsumer guarantee disputes;\n(d) to arrange for technical inspections of, and receive reports\nabout, prescribed residential building work carried out in\nrelation to a residential building and alleged by a current\nowner of the building to be defective;\n(e) to facilitate mediation and conciliation in relation to prescribed\nresidential building work;\n(f) to hear and decide applications relating to consumer\nguarantee disputes;\n(g) to refer suspected contraventions of this Act to the Director;\n(h) to report to the Minister on questions referred to the\nCommissioner by the Minister and on other matters of\nimportance relating to the Commissioner's functions under this\nAct;\n(i) other functions conferred on the Commissioner under this or\nany other Act.\n(2) The Commissioner has the powers necessary for the performance\nof the Commissioner's functions.\n(3) The Commissioner may delegate to a person any of the\nCommissioner's functions and powers under this or another Act.\n54FB Technical inspection and report\n(1) This section applies if a current owner of a residential building:\n(a) alleges that prescribed residential building work carried out on\nthe building by a residential builder is defective; and\n(b) makes the allegation:\n(i) in an application to the Commissioner under\nsection 54FC(1); or\n(ii) to the residential builder, either verbally or in writing,\nwithout making an application under section 54FC(1).\n(2) If the current owner makes the allegation as mentioned in\nsubsection (1)(b)(i), the Commissioner may take action under\nsubsection (4) at any time during the consideration of the\napplication under section 54FC(1).\n\nBuilding Act 1993 73\n(3) If the current owner makes the allegation as mentioned in\nsubsection (1)(b)(ii), the current owner or the residential builder\nmay apply to the Commissioner to take action under subsection (4).\n(4) The Commissioner may appoint a person with relevant\nqualifications and expertise to conduct a technical inspection of the\nresidential building and give the Commissioner a report as to\nwhether the prescribed residential building work is defective.\n(5) A regulation may prescribe matters for this section, including any of\n(a) the procedures for the appointment of a person to conduct the\ninspection and make the report;\n(b) the qualifications of that person;\n(c) the types of inspections that may be made;\n(d) the matters to be taken into account in reporting whether\nprescribed residential building work is defective;\n(e) fees payable for an inspection and report.\n54FC Application to Commissioner for decision\n(1) A current owner of a residential building may, in the approved form\nand within the prescribed effective period, apply to the\nCommissioner for a decision about a consumer guarantee dispute.\n(2) A consumer guarantee dispute is a dispute between a current\nowner of a residential building and a residential builder who has\ncarried out prescribed residential building work in relation to the\nbuilding:\n(a) about an alleged contravention of a consumer guarantee by\nthe residential builder; and\n(b) in circumstances specified by regulation.\n54FD Consumer guarantee dispute procedures generally\n(1) The hearing of an application relating to a consumer guarantee\ndispute must be conducted by the Commissioner with as little\nformality and technicality, and with as much expedition, as a proper\nconsideration of the matter permits.\n(2) The rules of evidence do not apply in relation to a consumer\n\nBuilding Act 1993 74\n(3) The rules of natural justice apply in relation to a consumer\n54FE Concurrent consumer guarantee disputes and other\ncontractual disputes\n(1) This Division does not prevent:\n(a) a contracting owner or contracting residential builder from\nstarting a proceeding in a court or tribunal in relation to a\ndispute about a residential building contract that is not a\nconsumer guarantee dispute; or\n(b) a contracting residential builder from making an application\nunder the Construction Contracts (Security of Payments)\nAct 2004 in relation to payments for prescribed residential\nbuilding work carried out under a residential building contract,\nincluding payments for any of the work alleged to be defective.\n(2) A court, tribunal or person who makes a decision under a law of the\nTerritory about a residential building contract must take into account\nany decision made by the Commissioner for a consumer guarantee\ndispute in relation to the contract.\n(3) If a proceeding or application is started or made as mentioned in\nsubsection (1), the Commissioner is not prevented from dealing\nwith a consumer guarantee dispute in relation to the residential\nbuilding contract unless:\n(a) a circumstance specified by regulation applies; or\n(b) a court, tribunal or person mentioned in subsection (2) orders\notherwise; or\n(c) both parties to the consumer guarantee dispute agree in\nwriting that the Commissioner adjourn consideration of the\ndispute until:\n(i) the proceeding or application has been decided; or\n(ii) the occurrence of another event specified in the\nagreement.\n(4) Before making a decision about a consumer guarantee dispute, the\nCommissioner must take into account any decision about a\nresidential building contract made by a court, tribunal or person that\nis relevant to the dispute.\n\nBuilding Act 1993 75\n54FF Regulations\nA regulation may provide for matters relating to the functions of the\nCommissioner and consumer guarantee disputes, including any of\n(a) procedures relating to the making, acceptance, consideration\nand dismissal of applications;\n(b) information to be given to the Commissioner and the way in\nwhich the information is to be given;\n(c) notices that may be given by the Commissioner to the\nDirector, the Practitioners Board, an approved insurer or the\ntrustees of an approved scheme;\n(d) mediation and conciliation in relation to prescribed residential\nbuilding work;\n(e) the decisions the Commissioner may make about a consumer\nguarantee dispute, which may include decisions requiring the\nrectification of prescribed residential building work or\ncompensation to be paid for defective prescribed residential\nbuilding work;\n(f) publication of the Commissioner's decisions;\n(g) the referral to the Tribunal of questions of law and any other\nmatters specified by regulation;\n(h) applications to the Tribunal for reviews of the Commissioner's\ndecisions;\n(i) the consequences of contraventions of the Commissioner's or\nTribunal's decisions;\n(j) applications a person may make to a court of competent\njurisdiction for the enforcement of a decision of the\nCommissioner or Tribunal.\n\nBuilding Act 1993 76\n","sortOrder":110},{"sectionNumber":"Div 1","sectionType":"division","heading":"Building permit required","content":"Division 1 Building permit required\n","sortOrder":111},{"sectionNumber":"55","sectionType":"section","heading":"Building permit required","content":"55 Building permit required\nA person must not carry out building work unless a building permit\nin respect of the work has been granted and is in force under this\nAct and the work is carried out in accordance with the permit.\n","sortOrder":112},{"sectionNumber":"56","sectionType":"section","heading":"Who may make application","content":"56 Who may make application\nAn application for a building permit may be made to a building\ncertifier by the owner of the building or the land in or on which the\nbuilding work is to be carried out or by the owner's agent.\n57 Schedule 3 to apply\nSchedule 3 applies to and in relation to an application for a building\npermit, and a permit, under this Part.\n58 Further information may be requested by building certifier\n(1) Before a building certifier grants or refuses to grant a building\npermit, he or she may require the applicant for the permit to provide\nadditional information or documents or to amend the application.\n(2) If additional information, or a document or an amended application,\nrequired under subsection (1) is not supplied within the prescribed\ntime, the building certifier may treat the application as having\nlapsed.\n","sortOrder":113},{"sectionNumber":"58A","sectionType":"section","heading":"Building permits","content":"58A Building permits\n(1) A building permit may be granted for the whole or a part, or for a\nstage, of the building work specified in the application.\n(2) A building permit must not be granted unless the application\nspecifies the nature and extent of the entire project (at least in\ngeneral terms, recognising that detailed design for later stages may\nhave to be done).\n\nBuilding Act 1993 77\n","sortOrder":114},{"sectionNumber":"59","sectionType":"section","heading":"General requirements for grant of building permit","content":"59 General requirements for grant of building permit\n(1) A building certifier must not grant a building permit unless:\n(a) the building work and the building permit will comply with this\nAct and the Regulations; and\n(b) all relevant planning or other prescribed consents, reports or\napprovals, if any (including consents or reports referred to in\nSchedule 3, clause 5), have been obtained or are to be\ngranted or supplied concurrently with the building permit and\nthe building permit is consistent with those consents and\napprovals; and\n(c) all planning or other prescribed conditions, if any, will be\ncomplied with.\n(1A) A building certifier must not grant a building permit for building work\nprescribed for section 48B unless the building contractor has\nprovided evidence in the approved form to the building certifier that\nthere is in force a contract as required by the section.\n(1B) A building certifier must not grant a building permit for prescribed\nresidential building work unless the residential builder who will carry\nout the work gives the building certifier the RBI policy document, or\na copy of the fidelity certificate, in force for the work.\n(1C) A building certifier must not grant a building permit relying on a\ncertificate under section 40 unless he or she is satisfied that the\ncertificate was issued by a person who is registered as a building\n(1CA) A building certifier must not grant a building permit for building work\nto which an access modification decision under section 129G(2)(b)\nrelates if the work may not comply with the modifications\nrecommended in the decision.\n(1D) A building certifier must specify in a building permit granted for\nbuilding work prescribed for Part 4A or 4B the inspection stages\nprescribed for section 62(2).\n(2) A building certifier must not, in granting a building permit, impose\non the applicant lesser standards or requirements than those\nprescribed, unless permitted to do so by or under this Act.\n\nBuilding Act 1993 78\n","sortOrder":115},{"sectionNumber":"60","sectionType":"section","heading":"Historic buildings","content":"60 Historic buildings\n(1) Despite section 59, a building certifier may grant a building permit\nfor the carrying out of building work that does not comply with the\nRegulations if the building work is to be carried out on, or in\nconnection with, a building designated as historic by a prescribed\nperson or body and then only subject to such conditions,\nrestrictions or protections, if any, as are imposed by the person or\nbody.\n(2) Any such building permit may be granted to enable the carrying out\nof work appropriate to the style, manner of construction and\nmaterials of the building.\n","sortOrder":116},{"sectionNumber":"60A","sectionType":"section","heading":"Notification of change of building contractor","content":"60A Notification of change of building contractor\n(1) If the owner of land (in respect of which a building permit has been\ngranted for building work to which Part 4A applies) engages\nanother building contractor to carry out the building work, he or she\nmust, not later than 14 days after engaging the building contractor,\nnotify the building certifier who granted the permit.\n(2) If an owner-builder who has been granted a building permit to carry\nout building work under the owner-builder certificate engages a\nbuilding contractor to carry out the building work, he or she must,\nnot later than 14 days after engaging the building contractor, notify\nthe building certifier who granted the permit.\n(3) Notification under subsection (1) or (2) must:\n(a) be in writing and include details of the building contractor's\nregistration; and\n(b) if the building contractor is required to enter into a residential\nbuilding contract for the building work – be accompanied by\nevidence, in the approved form, that the building contractor\nhas done so; and\n(c) if the building work is prescribed residential building work – be\naccompanied by the RBI policy document, or a copy of the\nfidelity certificate, in force for the work.\n\nBuilding Act 1993 79\n(4) The building certifier must, not later than 14 days after being\nnotified under subsection (1) or (2), amend the building permit to\ninclude details of the building contractor engaged to carry out the\n(5) For subsection (1), if the contract required by section 48B has been\nentered into by a person authorised by the owner of the land, a\nreference in subsection (1) to the owner of land includes that\nperson.\n","sortOrder":117},{"sectionNumber":"60B","sectionType":"section","heading":"Amendment and cancellation of building permit","content":"60B Amendment and cancellation of building permit\n(1) A building certifier who grants a building permit may amend the\npermit on the application, in writing, of the owner of the land to\nwhich the permit relates.\n(2) A building certifier who grants a building permit may cancel the\npermit:\n(a) on the application, in writing, of the owner of the land to which\nthe permit relates; or\n(b) if the building certifier is satisfied that the permit was obtained\nby misrepresentation.\n","sortOrder":118},{"sectionNumber":"62","sectionType":"section","heading":"Notification during building work","content":"62 Notification during building work\n(1) The person who is carrying out or is in charge of carrying out\nbuilding work under a building permit must notify the building\ncertifier who granted the permit or the Director when building work\nthat is required in accordance with subsection (2) to be inspected is\ncompleted.\n(2) The Regulations may prescribe inspection stages on the completion\nof which a person carrying out or in charge of the carrying out of the\nbuilding work must notify the Director or the relevant building\ncertifier.\n(3) After completing building work to an inspection stage, the person\nreferred to in subsection (1) must not carry out any building work\nunder the building permit that is dependent on the inspection until:\n(a) the building work completed to the inspection stage is\ninspected in accordance with section 63; and\n\nBuilding Act 1993 80\n(b) the building certifier or Director has advised the person that\nthe building work may proceed.\n","sortOrder":119},{"sectionNumber":"63","sectionType":"section","heading":"Inspections","content":"63 Inspections\n(1) A building certifier or the Director may, at any reasonable time, on\nbeing notified under section 62 that an inspection stage has been\ncompleted, inspect the building work concerned.\n(2) Subject to subsection (3), the building certifier or the Director may\ninspect building work at any time, whether or not an inspection\nstage under section 62 has been completed.\n(3) A building certifier or the Director may inspect building work only\nwith the owner's consent or if otherwise permitted to do so by or\n(4) A building certifier or the Director may do anything that is\nreasonably necessary to be done to inspect building work under\nthis section, including demolishing, opening, cutting into and testing\nthe building work.\n(5) A building certifier or the Director must, after inspecting building\nwork under this section and on being satisfied that the building work\nhas, in all material respects, been carried out in accordance with\nthe Regulations, issue an inspection certificate to the person who\ncarried out the building work or who is in charge of carrying out the\n(6) A building certifier or the Director must not issue an inspection\ncertificate after the final inspection stage of the building work unless\nhe or she is satisfied that:\n(a) the building work is completed; and\n(b) directions (if any) given under this Act have been complied\nwith; and\n(c) the building work complies in all material respects with the\n(7) An inspection certificate must be in the approved form.\n","sortOrder":120},{"sectionNumber":"64","sectionType":"section","heading":"Directions as to work","content":"64 Directions as to work\n(1) The building certifier or the Director may, after inspecting building\nwork, direct the person carrying out the work or in charge of the\ncarrying out of the work to carry out work so that the building work\n\nBuilding Act 1993 81\ncomplies with the relevant building permit, this Act or the\nRegulations, as the case requires.\n(1A) A direction under this section may be given orally or in writing.\n(1B) An oral direction must be confirmed in writing as soon as\npracticable after it is given.\n(2) Where a person fails to comply with a direction under this section,\nthe building certifier or the Director who gave the direction may\ncause a building notice to be served under Part 10 or may take any\nother action permitted by this Act or the Regulations.\n","sortOrder":121},{"sectionNumber":"Part 8","sectionType":"part","heading":"Occupancy certification and exemption","content":"Part 8 Occupancy certification and exemption\ncertificates\n","sortOrder":122},{"sectionNumber":"65","sectionType":"section","heading":"Occupancy certification to be obtained","content":"65 Occupancy certification to be obtained\n(1) A person must not occupy a building unless:\n(a) occupancy certification has been granted for the building; or\n(b) a declaration under subsection (1A) is in force for the building.\n(1A) The Minister may, by Gazette notice, declare, in relation to a\nbuilding or building work:\n(a) that occupancy certification is not required; or\n(b) that occupancy certification is not required and a provision of\nthe Regulations applies to the building or building work.\n(2) A person must not occupy a building in contravention of the\noccupancy certification granted in relation to the building.\n","sortOrder":123},{"sectionNumber":"66","sectionType":"section","heading":"Buildings etc. not to be used for public assembly without","content":"66 Buildings etc. not to be used for public assembly without\noccupancy permit\n(1) A person must not promote or conduct a public assembly in a\nplace, building or temporary structure unless an occupancy permit\nhas been granted which permits its use for that purpose.\n\nBuilding Act 1993 82\n(2) The occupier of a place, building or temporary structure must not\npermit the place, building or temporary structure to be used for the\npurpose of a public assembly unless an occupancy permit has been\ngranted for that purpose.\n","sortOrder":124},{"sectionNumber":"67","sectionType":"section","heading":"Application","content":"67 Application\n(1) An application for an occupancy permit may be made to a building\ncertifier by the owner of a building or by the owner's agent.\n(2) An owner or owner's agent may apply for an occupancy permit:\n(a) after carrying out building work; or\n(b) if a variation of the existing occupancy permit is sought; or\n(c) if an occupancy permit is required for any other reason.\n","sortOrder":125},{"sectionNumber":"69","sectionType":"section","heading":"Builder's declaration to accompany application","content":"69 Builder's declaration to accompany application\n(1) A building certifier must not grant an occupancy permit unless the\napplication for the permit is accompanied by a declaration, in an\napproved form (a builder's declaration), stating that the building\nwork to which it relates has been carried out in accordance with the\nbuilding permit granted for the building work.\n(2) The builder's declaration must be made by the natural person who\ncarried out the building work or was in charge of carrying out the\n(3) However, subsection (2) does not apply if the builder's declaration\nis made for a corporation under a provision of this Act or a\nregulation specifying procedures for another natural person to make\nthe declaration.\n(4) A person must not make a false statement in a builder's declaration.\n(5) A person who makes a builder's declaration for a corporation as\nmentioned in subsection (3) must not be prosecuted for an offence\nagainst subsection (4) if the person made the declaration in good\nfaith on the basis of information given to the person by the\ncorporation.\n\nBuilding Act 1993 83\n(6) Subsection (5) does not prevent the corporation, or a director of the\ncorporation, from being prosecuted for an offence against\nsubsection (4).\n(7) Subsection (1) does not apply if an exemption certificate has been\ngranted in relation to the builder's declaration.\n","sortOrder":126},{"sectionNumber":"70","sectionType":"section","heading":"Granting occupancy permit","content":"70 Granting occupancy permit\n(1) A building certifier must not grant an occupancy permit unless the\nbuilding, or part of the building, concerned is suitable for occupation\nand complies in all material respects with the Regulations.\n(2) A building certifier must not grant an occupancy permit unless:\n(a) the application for the occupancy permit was accompanied by\nthe documents prescribed for Schedule 3, clause 3; and\n(b) the building work to which the occupancy permit relates is\nconsistent with those documents; and\n(c) if, at the time the application for the occupancy permit was\nmade, the building permit for the building work was no longer\nin force:\n(i) the building work specified in the building permit that is\nessential to the class of the building was carried out\nwhile the building permit was in force; and\n(ii) the building work complies with any further criteria\nprescribed by regulation.\n","sortOrder":127},{"sectionNumber":"72","sectionType":"section","heading":"Effect of occupancy permits","content":"72 Effect of occupancy permits\nAn occupancy permit is a certificate that the building or part of the\nbuilding to which it applies is suitable for occupation and complies\nin all material respects with the Regulations.\n","sortOrder":128},{"sectionNumber":"72A","sectionType":"section","heading":"Application","content":"72A Application\n(1) An application for a certificate of substantial compliance may be\nmade to a building certifier by the owner of a building or by the\nowner's agent.\n\nBuilding Act 1993 84\n(2) An owner or owner's agent may apply for a certificate of substantial\ncompliance:\n(a) after carrying out building work in or on a building of a class\n(b) if all building work specified in the building permit that is\nessential to the class of the building was carried out while the\nbuilding permit was in force.\nNote for section 72A\nAn application for a certificate of substantial compliance may be made before or\nafter the expiry of the building permit for the building work to which the\napplication relates.\n","sortOrder":129},{"sectionNumber":"72B","sectionType":"section","heading":"Granting certificate of substantial compliance","content":"72B Granting certificate of substantial compliance\n(1) A building certifier must not grant a certificate of substantial\ncompliance in relation to building work unless:\n(a) the certificate applies to a building of a class prescribed for\nsection 72A(2)(a); and\n(b) the building, or the part of the building to which the certificate\napplies, is suitable for occupation; and\n(c) the building work meets the relevant technical standards; and\n(d) the building work complies substantially with one or both of the\n(i) the building permit granted for the work;\n(ii) the requirements of this Act and the Regulations relevant\nto the work; and\n(e) the building work complies with any further criteria prescribed\nby regulation.\n(2) A building certifier must not grant a certificate of substantial\ncompliance unless:\n(a) the application for the certificate is accompanied by the\ndocuments prescribed for Schedule 3, clause 3; and\n\nBuilding Act 1993 85\n(b) the certifier believes on reasonable grounds that the building\nwork to which the certificate relates is consistent with those\ndocuments.\n","sortOrder":130},{"sectionNumber":"72C","sectionType":"section","heading":"Effect of certificate of substantial compliance","content":"72C Effect of certificate of substantial compliance\nA certificate of substantial compliance certifies that the building, or\npart of the building, to which the certificate applies is suitable for\noccupation and the building work to which the certificate relates:\n(a) meets the relevant technical standards; and\n(b) complies substantially with one or both of the following:\n(i) the building permit granted for the work;\n(ii) the requirements of this Act and the Regulations relevant\nto the work; and\n(c) complies with any criteria mentioned in section 72B(1)(e).\n","sortOrder":131},{"sectionNumber":"72D","sectionType":"section","heading":"Application","content":"72D Application\n(1) An application for a certificate of existence may be made to a\nbuilding certifier by the owner of a building or by the owner's agent.\n(2) An owner or owner's agent may apply for a certificate of existence\nin relation to building work (existing building work):\n(a) carried out in or on a building of a class prescribed by\n(b) completed before the commencement of this Division.\n(3) The application may be made if:\n(a) a relevant building law, at the time the existing building work\nwas carried out, required a building authorisation to be\ngranted for the work; and\n(b) any of the following apply:\n(i) a building authorisation was not in force for the existing\nbuilding work at the time it was carried out;\n\nBuilding Act 1993 86\n(ii) the existing building work was carried out while a\nbuilding authorisation was in force for the work but it is\nnot substantially compliant with the authorisation;\n(iii) the existing building work was carried out while a\nbuilding authorisation was in force for the work but it is\nnot substantially compliant with the requirements of the\nrelevant building law that applied to the work at that time;\n(iv) the existing building work was carried out while a\nbuilding authorisation was in force for the work but it\ndoes not meet the applicable technical standards.\napplicable technical standards, in relation to existing building\nwork for which a building authorisation was granted, means any\nstandards or codes, in force in the Territory during the period the\nbuilding authorisation was in force, that regulated the building work.\nbuilding authorisation means a building permit or equivalent\ndocument (however described) issued under a relevant building\nlaw.\nrelevant building law means a law (including standards and codes\nunder the law) in force in the Territory that, at the time existing\nbuilding work was carried out, regulated the carrying out of the\nexisting building work.\n","sortOrder":132},{"sectionNumber":"72E","sectionType":"section","heading":"Building certifier's recommendation to Director","content":"72E Building certifier's recommendation to Director\n(1) A building certifier may, in the approved form, recommend to the\nDirector that the Director grant, or refuse to grant, a certificate of\nexistence.\n(2) The recommendation must include the information, and be\naccompanied by the documents, required by the approved form.\n(3) However, the Director may request the building certifier to obtain\nfurther information or documents relevant to the recommendation.\n(4) The building certifier must not make a recommendation for the\ngrant of a certificate of existence unless:\n(a) the recommendation applies to a building of a class prescribed\nfor section 72D(2)(a); and\n(b) the application for the certificate of existence was\naccompanied by the documents prescribed for Schedule 3,\nclause 3; and\n\nBuilding Act 1993 87\n(c) the certifier believes on reasonable grounds that the existing\nbuilding work to which the recommendation relates:\n(i) is consistent with those documents; and\n(ii) complies with any criteria prescribed by regulation; and\n(d) the certifier believes on reasonable grounds that the building,\nor the part of the building, in or on which the existing building\nwork was carried out is suitable for occupation.\n","sortOrder":133},{"sectionNumber":"72F","sectionType":"section","heading":"Granting certificate of existence","content":"72F Granting certificate of existence\n(1) This section applies if, under section 72E, a building certifier\nrecommends the grant of a certificate of existence.\n(2) The Director may grant the certificate of existence if:\n(a) the recommendation includes the information, and is\naccompanied by the documents, required under\nsection 72E(2); and\n(b) the Director has been provided with any documents requested\nunder section 72E(3); and\n(c) the Director believes on reasonable grounds that:\n(i) the building, or part of the building, to which the\ncertificate applies is suitable for occupation; and\n(ii) the existing building work carried out in or on the building\ncomplies with the criteria mentioned in\nsection 72E(4)(c)(ii).\n","sortOrder":134},{"sectionNumber":"72G","sectionType":"section","heading":"Effect of certificate of existence","content":"72G Effect of certificate of existence\nA certificate of existence certifies that:\n(a) the building, or part of the building, to which the certificate\napplies is suitable for occupation; and\n(b) the existing building work complies with the criteria mentioned\nin section 72E(4)(c)(ii).\n\nDivision 3A Exemption certificates and validation of exemptions\nBuilding Act 1993 88\nDivision 3A Exemption certificates and validation of\nexemptions\n73A Exemption certificate and prescribed certification\n(1) An exemption certificate is a certificate, in the approved form,\nthat:\n(a) is granted by the Director; and\n(b) gives an exemption from the requirement to obtain prescribed\ncertification in relation to building work, as specified in the\ncertificate.\n(2) Prescribed certification is any of the following documents that a\nperson is required to provide in relation to building work:\n(a) a certificate mentioned in section 40(a) or (b);\n(b) an inspection certificate mentioned in section 63(5);\n(c) a builder's declaration;\n(d) a document prescribed for this section.\n","sortOrder":135},{"sectionNumber":"73B","sectionType":"section","heading":"Schedule 4 applies","content":"73B Schedule 4 applies\n","sortOrder":136},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"applies in relation to the following:","content":"Schedule 4 applies in relation to the following:\n(a) an exemption certificate;\n(b) an application for an exemption certificate and consideration\nof the application by the Director;\n(c) a decision by the Director about whether or not to grant an\nexemption certificate;\n(d) an appeal against the decision of the Director refusing to grant\nan exemption certificate.\n","sortOrder":137},{"sectionNumber":"73C","sectionType":"section","heading":"Entitlement to apply for exemption certificate","content":"73C Entitlement to apply for exemption certificate\n(1) The owner of a building or land in or on which building work has\nbeen carried out may apply to the Director for an exemption\ncertificate for prescribed certification for the building work only if:\n(a) a prescribed event has occurred; and\n(b) the person has complied with the requirements for making the\napplication as specified in Schedule 4.\n\nBuilding Act 1993 89\n(2) For subsection (1)(a), a prescribed event is an event or\ncircumstance specified by Schedule 4, or prescribed by regulation,\nthat has prevented a prescribed building practitioner, an owner-\nbuilder, or another person, from providing prescribed certification\nfor building work.\n","sortOrder":138},{"sectionNumber":"73D","sectionType":"section","heading":"Validation of exemptions and occupancy permits","content":"73D Validation of exemptions and occupancy permits\n(1) This section applies in relation to a written exemption, given to a\nperson by the Appeals Board before the commencement of this\nsection (the commencement), from the requirement to provide the\nfollowing prescribed certification in relation to building work:\n(a) a certificate mentioned in section 40(a), (b) or (c), as in force\nbefore the commencement;\n(b) a declaration mentioned in section 69(1), as in force before\n(2) It is declared that the Appeals Board always had the power to give\nthe person the exemption, and the exemption is as valid as if it\nwere an exemption certificate granted to the person under\nsection 73A for the building work.\n(3) An occupancy permit granted for the building work in relation to\nwhich the exemption was given is not affected:\n(a) because of the failure to provide prescribed certification\notherwise required by this Act; or\n(b) by the commencement of section 73A.\n","sortOrder":139},{"sectionNumber":"74","sectionType":"section","heading":"Temporary occupation of buildings","content":"74 Temporary occupation of buildings\n(1) Despite anything to the contrary in this Act or the Regulations, a\nperson may, with the approval of a building certifier, occupy on a\ntemporary basis a building for which a building permit has not or\ncould not be granted.\n(2) An application for an approval to occupy a building on a temporary\nbasis may be made to a building certifier by the owner of the\nbuilding or by the owner's agent.\n","sortOrder":140},{"sectionNumber":"76","sectionType":"section","heading":"Conditions","content":"76 Conditions\n(1) An approval to occupy a building on a temporary basis must specify\nthe period for which occupancy is permitted.\n\nBuilding Act 1993 90\n(2) An approval to occupy a building on a temporary basis must not be\ngranted for a period exceeding 6 months without the approval of the\nDivision 5 General matters\n","sortOrder":141},{"sectionNumber":"76A","sectionType":"section","heading":"Further information may be required","content":"76A Further information may be required\nBefore determining an application for occupancy certification, a\nbuilding certifier may, in writing, require the applicant to do any of\n(a) provide additional information or documents;\n(b) amend the application.\n","sortOrder":142},{"sectionNumber":"76B","sectionType":"section","heading":"Application of and information in occupancy certification","content":"76B Application of and information in occupancy certification\nOccupancy certification may apply to the whole or part of a building\nand must include the information required by regulation.\n","sortOrder":143},{"sectionNumber":"76C","sectionType":"section","heading":"Application of Schedule 3","content":"76C Application of Schedule 3\n","sortOrder":144},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"applies in relation to an application for occupancy","content":"Schedule 3 applies in relation to an application for occupancy\ncertification, the determination of the application and related\nmatters.\n","sortOrder":145},{"sectionNumber":"76D","sectionType":"section","heading":"Liability for offences prior to grant of occupancy certification","content":"76D Liability for offences prior to grant of occupancy certification\nThe granting of occupancy certification does not limit a person's\nliability for an offence against this Act committed by the person\nbefore the certification is granted.\n","sortOrder":146},{"sectionNumber":"77","sectionType":"section","heading":"Protection work to be carried out","content":"77 Protection work to be carried out\n(1) The owner of land or a building on or in which he or she is carrying\nout or proposes to carry out building work must, in the prescribed\ncircumstances, protect an adjoining property by carrying out\nprotection works.\n(2) A building certifier must not grant a building permit for building work\nin the circumstances referred to in subsection (1) unless this Part is\ncomplied with.\n\nBuilding Act 1993 91\n","sortOrder":147},{"sectionNumber":"78","sectionType":"section","heading":"Notice of building work to be given","content":"78 Notice of building work to be given\n(1) A relevant person required by section 77 to carry out protection\nworks must, before commencing the building work, notify the owner\nof an adjoining property of the proposed building work.\n(2) A notice under subsection (1) must include:\n(a) details of the proposed building work as at the date of the\nnotice; and\n(b) details of the proposed protection works setting out its nature,\nlocation and duration; and\n(c) the name and principal place of business in the Territory of the\nbuilding certifier who granted the building permit for the\nproposed building work.\n","sortOrder":148},{"sectionNumber":"79","sectionType":"section","heading":"Owner of adjoining property to respond to notice","content":"79 Owner of adjoining property to respond to notice\n(1) The owner of an adjoining property must, not later than 14 days\nafter receiving notice under section 78, notify the relevant person\nthat the owner agrees to or disagrees with the proposed protection\nworks or requests that the proposal be changed.\n(2) An owner of an adjoining property who fails to respond within\n14 days after receiving a notice under section 78 is taken to have\nagreed to the proposed protection works being carried out.\n","sortOrder":149},{"sectionNumber":"80","sectionType":"section","heading":"Effect of agreement","content":"80 Effect of agreement\nA relevant person required by section 77 to protect an adjoining\nproperty may, in accordance with this Act, proceed to carry out\nbuilding work if the owner of the adjoining property agrees to the\nproposed protection works being carried out.\n","sortOrder":150},{"sectionNumber":"81","sectionType":"section","heading":"Effect of disagreement","content":"81 Effect of disagreement\n(1) If the relevant person is notified by the owner of an adjoining\nproperty that the owner disagrees to the proposed protection works\nbeing carried out, the relevant person must refer the proposal for\nthe protection works to the Director and notify the owner of the\nadjoining property of the referral.\n(2) On receiving the referral, the Director must examine the proposal\nfor the protection works and determine whether the work is\nappropriate.\n\nBuilding Act 1993 92\n(3) The Director may make such inquiries and request such additional\ninformation as the Director thinks fit for the purpose of making a\ndetermination, but need not give a party a hearing.\n(4) The Director must give the relevant person and the owner of the\nadjoining property notice in writing of the determination.\n","sortOrder":151},{"sectionNumber":"82","sectionType":"section","heading":"Appeals","content":"82 Appeals\n(1) The relevant person or the owner of an adjoining property may\nappeal to the Appeals Board against the determination of a building\ncertifier or the Director in relation to protection works.\n(2) An appeal under subsection (1) must be in accordance with\nPart 11.\n","sortOrder":152},{"sectionNumber":"83","sectionType":"section","heading":"Decisions of Appeals Board on appeals","content":"83 Decisions of Appeals Board on appeals\nOn an appeal under section 82(1), the Appeals Board may\ndetermine what protection works are to be carried out by the person\nwho is required by section 77 to protect an adjoining property and\nany other necessary ancillary matters.\n","sortOrder":153},{"sectionNumber":"84","sectionType":"section","heading":"Work not to be carried out until protection requirements met","content":"84 Work not to be carried out until protection requirements met\n(1) A relevant person required by section 77 to protect an adjoining\nproperty must not carry out any building work giving rise to that\nrequirement until the owner of the adjoining property agrees to the\nprotection works being carried out or the matter is determined in\naccordance with section 81 or 82.\n(2) A person who carries out protection works must do so in\naccordance with:\n(a) the agreement; or\n(b) the determination of the Director; or\n(c) the determination of the Appeals Board;\nas the case requires.\n","sortOrder":154},{"sectionNumber":"85","sectionType":"section","heading":"Emergency procedures","content":"85 Emergency procedures\n(1) The Director, on the application of the owner of land on which\nbuilding works are or are proposed to be carried out or, on\napplication of an owner of an adjoining property or on the Director's\nown motion, may, by notice in writing, declare that emergency\n\nBuilding Act 1993 93\nprotection works are required for a particular adjoining property.\n(2) Sections 79 to 84 (inclusive) do not apply to protection works to be\ncarried out in accordance with such a declaration under\nsubsection (1).\n(3) Where the owner and the owner of an adjoining property disagree\nas to works to be carried out under a declaration, either party may\nrefer the matter to the Appeals Board which may determine what\nprotection works are to be carried out and any necessary ancillary\nmatters.\n(4) A referral under subsection (3) must be in accordance with Part 11.\n","sortOrder":155},{"sectionNumber":"86","sectionType":"section","heading":"Emergency protection works","content":"86 Emergency protection works\nEmergency protection works carried out by a person must be\ncarried out in accordance with:\n(a) the agreement; or\n(b) the declaration of the Director; or\n(c) the determination of the building Appeals Board;\nas the case requires.\n","sortOrder":156},{"sectionNumber":"87","sectionType":"section","heading":"Absent or incapable owners","content":"87 Absent or incapable owners\n(1) Where the owner of an adjoining property required to be notified of\nproposed building work cannot be found or is unable to act, the\nrelevant person may apply to the Director for the appointment of a\nperson to act for the owner during the owner's absence or\nincapacity.\n(2) An application under subsection (1) must indicate the\ncircumstances of the case and the grounds of the application.\n","sortOrder":157},{"sectionNumber":"88","sectionType":"section","heading":"Appointment of agents for owners","content":"88 Appointment of agents for owners\n(1) Where the Director is satisfied that the owner of an adjoining\nproperty cannot, after reasonable inquiry and search, be found or\nthat the owner is incapable of acting in the matter of an agreement\nunder this Part, the Director may, in writing, appoint a suitable\nperson to act as the agent of and in the place of the owner of the\nadjoining property for the purposes of this Part.\n\nBuilding Act 1993 94\n(2) An appointment under subsection (1) is subject to the terms and\nconditions as to the discharge of the person's duties as agent and\nas to the payment of fees by the owner of the adjoining property,\nand otherwise, as the Director thinks fit.\n(3) An agent appointed under this section must be notified in writing of\nthe appointment, the nature of the agent's duties, the fees to be\npaid to the agent by the owner of the adjoining property and the\nterms and conditions, if any, to which the appointment is subject.\n","sortOrder":158},{"sectionNumber":"89","sectionType":"section","heading":"Liability not affected","content":"89 Liability not affected\nNothing in this Part relieves a relevant person from any liability to\nwhich the relevant person would otherwise be subject for injury to\nan owner or occupier of adjoining property because of the\nprotection works carried out by the relevant person under this Part,\nbut the relevant person has the right to complete the works without\nbeing subject to proceedings for an injunction.\n","sortOrder":159},{"sectionNumber":"90","sectionType":"section","heading":"Inspection of plans","content":"90 Inspection of plans\nAt any time after notice of intention to commence the carrying out of\nbuilding work is given under this Part, the building certifier must,\nwithout further or other authority than this section, make available to\nan owner of an adjoining property notified under section 78, or the\nowner's agent, on reasonable request, for inspection, any drawings\nand specifications of the proposed building works in the possession\nor control of the building certifier.\n","sortOrder":160},{"sectionNumber":"91","sectionType":"section","heading":"Building owner to arrange insurance cover","content":"91 Building owner to arrange insurance cover\n(1) A relevant person who is required to carry out protection works\nunder this Part must, before commencing the works, enter into a\ncontract of insurance, in accordance with this section, with an\napproved insurer (and renew and maintain that contract in\naccordance with this section) against damage by the proposed\nprotection works to the adjoining property and against any liabilities\nlikely to be incurred to owners and occupiers of adjoining property\nand members of the public.\n(2) The contract of insurance must be to an amount agreed to by the\nparties or, where the parties cannot agree, determined by the\n\nBuilding Act 1993 95\n(3) The contract of insurance must be given to the owner of the\nadjoining property before the commencement of the works and\nmust be renewed or extended as often as is necessary during the\ncarrying out of the works and for 12 months after the works are\nfinished.\n","sortOrder":161},{"sectionNumber":"92","sectionType":"section","heading":"Record of condition of adjoining property","content":"92 Record of condition of adjoining property\n(1) A relevant person must, before carrying out protection works, in\ncompany with the owner of the adjoining property or the owner's\nagent, make a full and adequate survey of the adjoining property\nand a record in writing and, if the parties so agree, by any other\nmeans, of all existing cracks and defects in the adjoining property.\n(2) The record must be signed or otherwise acknowledged as an\nagreed record of the condition of the adjoining property before the\ncommencement of any protection works.\n(3) The record is admissible in evidence in any proceedings relating to\nthe adjoining property and is evidence of the condition of the\nadjoining property at the time the record was made.\n","sortOrder":162},{"sectionNumber":"93","sectionType":"section","heading":"Work to conform to Regulations etc.","content":"93 Work to conform to Regulations etc.\n(1) All protection works for an adjoining property must be carried out by\nthe relevant person required to carry out the protection works as\nquickly as possible in the circumstances and in compliance with the\nRegulations and with the drawings and specifications agreed to\nbetween the parties.\n(2) In proceedings under this Part with respect to the execution of\nprotection works for an adjoining property under this Part, the\nstatement of the Director as to whether or not the Regulations or\nthe drawings or specifications have been complied with is\nadmissible as evidence.\n","sortOrder":163},{"sectionNumber":"94","sectionType":"section","heading":"Entry on adjoining property to carry out protection works","content":"94 Entry on adjoining property to carry out protection works\n(1) For the purpose of carrying out protection works required to be\ncarried out under this Part or the Regulations, a relevant person\nrequired to carry out the protection works, or the relevant person's\nagent, may enter between the hours of 8 a.m. and 6 p.m. on the\nsame day (or at other agreed times) in or on, or into the air space\nabove, the relevant adjoining property and carry out the works.\n\nBuilding Act 1993 96\n(2) A person must, before entering an adjoining property, give to the\noccupier of the property not less than 24 hours' notice, or such\nother notice as is agreed between them, of the person's intention to\ndo so.\n(3) In the course of carrying out protection works under this Part, a\nperson may, without doing unnecessary damage, move any\nfurniture or fittings in the adjoining property which obstruct the\ncarrying out of the works.\n","sortOrder":164},{"sectionNumber":"95","sectionType":"section","heading":"Offences by adjoining owner","content":"95 Offences by adjoining owner\n(1) An owner or occupier of an adjoining property must not refuse to\nadmit a relevant person or a relevant person's agent to the property\nwhere the person or the person's agent requires to enter the\nproperty for the purposes of carrying out protection works under this\nPart in accordance with an agreement, declaration or\ndetermination.\n(2) An owner or occupier of an adjoining property must not obstruct or\nhinder a relevant person or the relevant person's agent in the\ncarrying out of protection works required under this Part.\n","sortOrder":165},{"sectionNumber":"96","sectionType":"section","heading":"Service of plans after completion of work","content":"96 Service of plans after completion of work\nA relevant person must, not later than 28 days after the completion\nof any protection works carried out under this Part, serve on the\nowner of the adjoining property and the Director a complete set of\ndrawings and specifications showing the protection works which\nhave been carried out for the adjoining property.\n","sortOrder":166},{"sectionNumber":"97","sectionType":"section","heading":"Saving for easements","content":"97 Saving for easements\nNothing in this Part relating to protection (except for overhead\nprotection) authorises interference with an easement of light or\nother easement in or relating to a party wall or prejudicially affects\nthe right of a person to preserve a right in connection with a party\nwall which is demolished or rebuilt or to take a necessary step for\nthat purpose.\n","sortOrder":167},{"sectionNumber":"98","sectionType":"section","heading":"Expenses of adjoining owner","content":"98 Expenses of adjoining owner\n(1) The costs and expenses necessarily incurred by an owner of an\nadjoining property in supervising the carrying out of protection\nworks under this Part is, to the extent agreed between the relevant\nperson and the owner of the adjoining property, or as determined\n\nBuilding Act 1993 97\nby the Appeals Board, a debt due and payable by the relevant\nperson to the adjoining owner.\n(2) A relevant person or the owner of an adjoining property may apply\nunder Part 11 to the Appeals Board for a determination for the\npurposes of this section.\n","sortOrder":168},{"sectionNumber":"99","sectionType":"section","heading":"Compensation","content":"99 Compensation\n(1) A relevant person is liable to compensate an owner or occupier of\nadjoining property for inconvenience, loss or damage suffered by\nthe owner or occupier during the execution of protection works\nunder this Part.\n(2) An owner or occupier of adjoining property who suffers such\ninconvenience, loss or damage may apply to the Appeals Board for\ndetermination of the question and the amount of compensation\npayable.\n(3) The amount of compensation determined by the Appeals Board is a\ndebt due and payable by the relevant person to the owner or\noccupier, as the case requires, of the adjoining property.\n","sortOrder":169},{"sectionNumber":"100","sectionType":"section","heading":"Emergency orders","content":"100 Emergency orders\n(1) Where in the opinion of the Director it is necessary to do so\nbecause of a threat to life arising out of:\n(a) the condition or use of; or\n(b) the conduct, or proposed conduct, of a public assembly in;\na building, place or temporary structure, the Director may, in writing,\nmake an emergency order.\n(2) An emergency order made under subsection (1) may require the\nowner of a building, place or temporary structure, or the owner's\nagent:\n(a) to evacuate the building, place or temporary structure or a\nspecified part of it; or\n\nBuilding Act 1993 98\n(b) not to conduct or promote, or allow the conduct or promotion,\nof a public assembly on or in the building, place or temporary\nstructure or a specified part of it, or to immediately cease to\nconduct or promote such a public assembly; or\n(c) to stop work or to carry out building work or other work; or\n(d) to comply with such directions as are specified in the order.\n(3) An emergency order made under subsection (1) also may prohibit:\n(a) the occupation of a building, place or temporary structure; or\n(b) the use of a building, place or temporary structure or a\nspecified part of it, for the purpose of a public assembly.\n","sortOrder":170},{"sectionNumber":"101","sectionType":"section","heading":"Work may be carried out by Director","content":"101 Work may be carried out by Director\n(1) If an owner fails to carry out work as required by an emergency\norder, the Director may carry out the work.\n(2) The costs and expenses incurred by the Director in carrying out\nwork referred to in subsection (1) are a debt due and payable by\nthe owner to the Territory.\n","sortOrder":171},{"sectionNumber":"102","sectionType":"section","heading":"Police assistance","content":"102 Police assistance\nThe Director or other person exercising the functions of the Director\nunder this Division may request the assistance of a police officer,\nand a police officer may assist, in evacuating a building, place or\ntemporary structure in accordance with an emergency order or in\nremoving persons from a building, place or temporary structure in\nor on which the Director or person is carrying out work in\naccordance with an emergency order.\n","sortOrder":172},{"sectionNumber":"103","sectionType":"section","heading":"Completion of work","content":"103 Completion of work\n(1) On completion of work required by an emergency order to be\ncarried out, the owner or the owner's agent must notify the Director\nin writing and include with the notification such information relating\nto the building, place or temporary structure as is required by the\n(2) The Director must inspect the completed work and report to the\nowner or the owner's agent that the order has been complied with\nand cancel the order, or refuse to make such a report and require\nthe order to be complied with.\n\nBuilding Act 1993 99\n","sortOrder":173},{"sectionNumber":"104","sectionType":"section","heading":"Appeals","content":"104 Appeals\n(1) An owner of a building, place or temporary structure affected by an\nemergency order, or an owner's agent, may appeal to the Appeals\nBoard, in accordance with Part 11, against the order or against a\nrefusal of the Director to make a report that an emergency order\nhas been complied with.\n(2) On an appeal under this section, the Appeals Board may confirm,\namend or cancel the emergency order.\n","sortOrder":174},{"sectionNumber":"105","sectionType":"section","heading":"Duration of order","content":"105 Duration of order\n(1) Subject to subsection (2), an emergency order remains in force until\nit is cancelled by the Director or the Appeals Board.\n(2) The Director must not cancel an emergency order in respect of\nwhich an appeal under section 104 is not finally disposed of.\n","sortOrder":175},{"sectionNumber":"106","sectionType":"section","heading":"Contravention of emergency order","content":"106 Contravention of emergency order\n(1) A person must not contravene an emergency order.\nsubsection (1) if the defendant proves that he or she was not aware\nof the fact that a public assembly in respect of which the offence\narose was the subject of an order under this Division.\n","sortOrder":176},{"sectionNumber":"107","sectionType":"section","heading":"Fire hazards","content":"107 Fire hazards\nFor the purposes of this Division, a building, place or temporary\nstructure is or contains a fire hazard if it has insufficient:\n(a) means of escape in the event of fire for the persons occupying\nor using it; or\n(b) protection to delay the spread of fire or smoke or both or to\nfacilitate escape from it; or\n(c) devices, appliances and equipment for the detection and\nextinguishing of fire; or\n(d) means of preventing fire or the spreading of fire.\n\nBuilding Act 1993 100\n","sortOrder":177},{"sectionNumber":"108","sectionType":"section","heading":"Building notices","content":"108 Building notices\nThe Director may serve a building notice, in the approved form, on\nan owner of a building, place or temporary structure, or on the\nowner's agent, if the Director is of the opinion that:\n(a) building work has been carried out on the building, place or\ntemporary structure without a building permit required by this\nAct or in contravention of a building permit or this Act or the\nRegulations; or\n(b) its use contravenes this Act, the Regulations or the occupancy\ncertification granted in relation to it; or\n(c) it is unfit for use or occupation; or\n(d) it is a danger to its users or the users of adjoining properties or\nstreets.\n","sortOrder":178},{"sectionNumber":"109","sectionType":"section","heading":"Building notices by building certifiers","content":"109 Building notices by building certifiers\nA building certifier may serve a building notice, in the approved\nform, on the owner of a building (other than a public authority) or\nthe owner's agent in relation to which the building certifier is\nperforming a function under this Act if of the opinion that any one of\nthe circumstances specified in section 108 exists.\n","sortOrder":179},{"sectionNumber":"110","sectionType":"section","heading":"Content of notice","content":"110 Content of notice\nA building notice may require the owner of a building, place or\ntemporary structure (the specified place), or the owner's agent, to\ndo one or more of the following within the period specified in the\nnotice:\n(a) show cause why occupation of the specified place, or use of\nthe specified place for a public assembly, should not be\nprohibited;\n(b) show cause why the owner or agent should be allowed to\nconduct or promote, or allow the conduct or promotion, of a\npublic assembly on or in the specified place;\n(c) show cause why the owner or agent should not do one or\nmore of the following:\n(i) evacuate the specified place;\n(ii) immediately cease to conduct or promote a public\nassembly on or in the specified place;\n\nBuilding Act 1993 101\n(iii) operate or carry out building work or other work on or in\nthe specified place;\n(iv) comply with directions specified in the notice.\n","sortOrder":180},{"sectionNumber":"111","sectionType":"section","heading":"Representations by owner","content":"111 Representations by owner\nAn owner of a building, place or temporary structure in respect of\nwhich a building notice is issued, or the owner's agent, may, in the\nmanner and within the time specified in the notice, make\nrepresentations to the Director, or to the building certifier\nconcerned, about the matters contained in the notice.\n","sortOrder":181},{"sectionNumber":"112","sectionType":"section","heading":"Building orders","content":"112 Building orders\n(1) The Director or a building certifier may make a building order, in the\napproved form, after the time allowed under section 111 for making\nrepresentations has expired.\n(2) Before making a building order, the Director or building certifier\nmust consider the representations, if any, made to him or her under\nsection 111.\n(3) The Director or a building certifier may make a building order\nrequiring building work or other work to be carried out without first\nserving a building notice if the Director or building certifier is of the\nopinion that the building work required to be carried out is of a\nminor nature.\n","sortOrder":182},{"sectionNumber":"113","sectionType":"section","heading":"Contents of building orders","content":"113 Contents of building orders\nA building order may prohibit the occupation of a building, place or\ntemporary structure or its use for a public assembly, or require its\nowner or the owner's agent:\n(a) to evacuate the building, place or temporary structure or a\nspecified part of it; or\n(b) to stop work or to carry out building work or other work on or in\nit; or\n(c) to comply with such other directions as are specified in the\norder.\n","sortOrder":183},{"sectionNumber":"114","sectionType":"section","heading":"Building orders to stop building work","content":"114 Building orders to stop building work\n(1) Where, in the opinion of the Director, building work on land\ncontravenes this Act or the Regulations, is a danger to the public or\naffects the support of adjoining property, the Director may make a\nbuilding order requiring the owner or other person carrying out the\n\nBuilding Act 1993 102\nwork to stop the work, notwithstanding that a building notice has not\nbeen served.\n(2) The Director must serve a copy of the order on a person apparently\nin charge of a site on which the building work is being carried out.\n","sortOrder":184},{"sectionNumber":"115","sectionType":"section","heading":"Director to be notified","content":"115 Director to be notified\nA building certifier who makes a building order must, within 2 days\nafter making it, provide a copy of the order to the Director.\n","sortOrder":185},{"sectionNumber":"116","sectionType":"section","heading":"Fire upgrading reports","content":"116 Fire upgrading reports\n(1) Where the Director is of the opinion that a building, place or\ntemporary structure is or may contain a fire hazard, the Director\nmay inspect the building, place or temporary structure and prepare\na fire upgrading report as to the work necessary to overcome the\nhazard.\n(2) A fire upgrading report must, if a fire hazard is found to exist,\ncontain a program for work to remedy the hazard and any other\nprescribed matters.\n(3) The Director must serve a copy of a fire upgrading report on the\nowner of the building, place or temporary structure or the owner's\nagent.\n","sortOrder":186},{"sectionNumber":"117","sectionType":"section","heading":"Assistance of Fire Service","content":"117 Assistance of Fire Service\nThe Director may ask the Northern Territory Fire and Rescue\nService established by the Fire and Emergency Act 1996 to assist\nin the preparation of a fire upgrading report.\n","sortOrder":187},{"sectionNumber":"118","sectionType":"section","heading":"Representations by owner","content":"118 Representations by owner\nAn owner of a building, place or temporary structure in respect of\nwhich a fire upgrading report is issued, or the owner's agent, may,\nin the manner and within the time specified in the report, make\nrepresentations to the Director about the matters contained in the\nreport.\n","sortOrder":188},{"sectionNumber":"119","sectionType":"section","heading":"Building orders relating to fire hazards","content":"119 Building orders relating to fire hazards\n(1) Subject to section 114(1), the Director may make a building order in\nrelation to a building, place or temporary structure in respect of\nwhich a fire upgrading report is issued, after the time allowed under\nsection 118 for making representations has expired.\n\nBuilding Act 1993 103\n(2) A building order made under subsection (1) must direct the owner\nof the building, place or temporary structure concerned, or the\nowner's agent, to carry out a program of work as directed and may\ncontain any other prescribed matters.\n","sortOrder":189},{"sectionNumber":"120","sectionType":"section","heading":"Failure to comply with order of building certifier","content":"120 Failure to comply with order of building certifier\n(1) Where an owner or an owner's agent fails to comply with a building\norder made by a building certifier, the building certifier must refer\nthe matter to the Director and give written notice of the referral to\nthe owner or the owner's agent, as the case may be.\n(2) The Director may deal with the matter as if the building order had\nbeen made by the Director.\n","sortOrder":190},{"sectionNumber":"121","sectionType":"section","heading":"Work may be carried out by Director","content":"121 Work may be carried out by Director\n(1) Where an owner or an owner's agent fails to carry out work as\nrequired by a building order, the Director may carry out the work.\n(2) The costs and expenses incurred by the Director in carrying out\nwork referred to in subsection (1) are a debt due and payable by\nthe owner to the Territory.\n","sortOrder":191},{"sectionNumber":"122","sectionType":"section","heading":"Police assistance","content":"122 Police assistance\nThe Director or a person performing the functions of the Director\nmay request the assistance of a police officer, and a police officer\nmay assist, in removing persons from a building, place or temporary\nstructure in or on which the Director or person, or an agent of the\nDirector or person, is carrying out or is about to carry out work in\naccordance with a building order.\n","sortOrder":192},{"sectionNumber":"123","sectionType":"section","heading":"Completion of work","content":"123 Completion of work\n(1) On the completion of work required to be carried out under a\nbuilding order, the owner, or the owner's agent, must give written\nnotice of the completion to the building certifier or the Director who\nmade the order.\n(2) A person on whom a notice is served under subsection (1) must,\nwithin 28 days after the receipt of the notice, inspect the completed\nwork and report to the owner or the owner's agent that the order\nhas been complied with and cancel the order, or refuse to make\nsuch a report and, in writing, require the order to be complied with.\n\nBuilding Act 1993 104\n","sortOrder":193},{"sectionNumber":"124","sectionType":"section","heading":"Appeals","content":"124 Appeals\n(1) An owner of a building, place or temporary structure affected by a\nbuilding order, or the owner's agent, may, in accordance with\nPart 11, not later than 28 days after the order is served on him or\nher, appeal to the Appeals Board against the order.\n(2) An owner, or an owner's agent, may, in accordance with Part 11,\nwithin 28 days after being advised of a refusal under section 123(2)\nto make a report, appeal to the Appeals Board against the refusal.\n(3) On an appeal being made under this section, the Appeals Board\nmay confirm, amend or cancel the building order.\n(4) A building order has no effect until any appeal against the order is\nfinally disposed of.\n","sortOrder":194},{"sectionNumber":"125","sectionType":"section","heading":"Amendment or cancellation of certain building orders","content":"125 Amendment or cancellation of certain building orders\n(1) An owner, or an owner's agent, required to comply with a building\norder made after the issue of a fire upgrading report may, if there is\na change in circumstances after the original fire upgrading report is\nmade, request the Director to amend or cancel the building order.\n(2) On a request being made, the Director may:\n(a) refuse to amend or cancel the building order; or\n(b) issue an amended fire upgrading report; or\n(c) cancel the fire upgrading report.\n(3) Where, within the prescribed time, the Director has not decided the\nrequest, he or she is taken to have refused the request.\n(4) An owner or the owner's agent may, in accordance with Part 11, not\nlater than 28 days after the decision of the Director under\nsubsection (2), appeal against the decision.\n","sortOrder":195},{"sectionNumber":"126","sectionType":"section","heading":"Onus of proof on appeals","content":"126 Onus of proof on appeals\nIn an appeal to the Appeals Board under this Part in relation to a\nbuilding order arising out of a fire upgrading notice, the onus of\nproving a fact on which the building order was issued is on the\n\nBuilding Act 1993 105\n","sortOrder":196},{"sectionNumber":"127","sectionType":"section","heading":"Duration of order","content":"127 Duration of order\n(1) A building order remains in force until it has been complied with or\nis cancelled by the Director or person who made it or the Appeals\nBoard.\n(2) The Director or person who made the building order must not\ncancel the building order while an appeal in relation to the order is\nnot finally disposed of.\n","sortOrder":197},{"sectionNumber":"128","sectionType":"section","heading":"Contravention of building order","content":"128 Contravention of building order\nA person who contravenes a building order is guilty of an offence.\n","sortOrder":198},{"sectionNumber":"129","sectionType":"section","heading":"Register of orders","content":"129 Register of orders\nThe Director must keep, and make available for inspection at his or\nher office during normal business hours on payment of the\nprescribed fee, if any, a register of all building orders made under\nthis Part.\n","sortOrder":199},{"sectionNumber":"129A","sectionType":"section","heading":"Definitions","content":"129A Definitions\napplicant means a person:\n(a) who applies for a disability access decision; or\n(b) on whose behalf an agent applies for a disability access\ndecision.\ndisability access decision means an access modification decision\nor alternative solution decision.\n","sortOrder":200},{"sectionNumber":"129B","sectionType":"section","heading":"Disability access provisions","content":"129B Disability access provisions\n(1) The disability access provisions are provisions of a code or other\ndocument:\n(a) adopted by regulation; and\n(b) prescribed by regulation for this Part.\n\nBuilding Act 1993 106\n(2) A regulation may prescribe provisions of a code or other document\nto be disability access provisions only if:\n(a) the provisions impose:\n(i) requirements or standards relating to providing persons\nwith disabilities access to buildings or to facilities and\nservices inside buildings (performance requirements);\nand\n(ii) ways in which those requirements or standards may be\nachieved (deemed to satisfy provisions); and\n(b) there are equivalent performance requirements and deemed\nto satisfy provisions in the Access Code, as defined in the\nDisability (Access to Premises – Buildings) Standards 2010\n(Cth) as in force from time to time.\n","sortOrder":201},{"sectionNumber":"129C","sectionType":"section","heading":"Application of Part 11","content":"129C Application of Part 11\nPart 11, other than sections 132 to 135 and 143 to 149, does not\napply in relation to a disability access decision.\nNote for section 129C\nThe specified sections deal with the general procedures of the Appeals Board.\nDivision 2 Alternative solution decisions and access\nmodification decisions\n","sortOrder":202},{"sectionNumber":"129D","sectionType":"section","heading":"Application for alternative solution decision","content":"129D Application for alternative solution decision\n(1) Any of the following persons may apply to the Appeals Board for an\nalternative solution decision in relation to the design of a building\nspecified in the application:\n(a) the owner of:\n(i) the building; or\n(ii) the land on which the building is to be constructed;\n(b) the agent of an owner mentioned in paragraph (a);\n(c) the building certifier for the building work proposed to be\ncarried out on the building.\n(2) The application must be in the approved form and accompanied by\nthe prescribed fee.\n\nBuilding Act 1993 107\n","sortOrder":203},{"sectionNumber":"129E","sectionType":"section","heading":"Alternative solution decision","content":"129E Alternative solution decision\n(1) The Appeals Board may, on application, make an alternative\nsolution decision relating to the building specified in the application.\n(2) An alternative solution decision is a decision that, in the opinion\nof the Appeals Board, the design of the building:\n(a) complies with the performance requirements of the disability\naccess provisions; or\n(b) does not comply with those performance requirements.\n(3) To achieve compliance with the performance requirements of the\ndisability access provisions, the design of the building must provide\na level of access that is at least equivalent to the level specified in\nthe deemed to satisfy provisions for the performance requirements.\n","sortOrder":204},{"sectionNumber":"129F","sectionType":"section","heading":"Application for access modification decision","content":"129F Application for access modification decision\n(1) Any of the following persons may apply to the Appeals Board for an\naccess modification decision in relation to a building or land on\nwhich a building is to be constructed:\n(a) the owner of the building or land;\n(b) a lessee of the building:\n(i) on whose behalf the owner of the building proposes to\nhave building work carried out; and\n(ii) who has the written permission of the owner to make the\napplication;\n(c) the agent of a person mentioned in paragraph (a) or (b), who\nmust not be the building certifier for the building work\nproposed to be carried out.\n(2) The application may be made only on the ground that compliance\nwith the disability access provisions specified in the application\nwould impose unjustifiable hardship on the applicant.\n(3) The application must be in the approved form and accompanied by\nthe prescribed fee.\n","sortOrder":205},{"sectionNumber":"129G","sectionType":"section","heading":"Access modification decision","content":"129G Access modification decision\n(1) The Appeals Board may, on application and subject to\nsection 129H, make an access modification decision relating to the\nbuilding or land specified in the application.\n\nBuilding Act 1993 108\n(2) An access modification decision is a decision that, in the opinion\nof the Appeals Board, a particular disability access provision:\n(a) applies to the specified building or specified land without\nmodifications because it does not impose unjustifiable\nhardship on the applicant; or\n(b) applies to the specified building or specified land with the\nmodifications recommended by the Board so as to avoid\nimposing unjustifiable hardship on the applicant; or\n(c) does not apply to the specified building or specified land\nbecause it would impose unjustifiable hardship on the\napplicant.\n(3) An access modification decision mentioned in subsection (2)(b)\nmust provide for compliance with the disability access provisions to\nthe maximum extent not involving unjustifiable hardship.\n(4) For this section, unjustifiable hardship is to be interpreted and\napplied having due regard to the rights and interests of all relevant\nparties.\n","sortOrder":206},{"sectionNumber":"129H","sectionType":"section","heading":"Circumstances to be taken into account for access","content":"129H Circumstances to be taken into account for access\nmodification decision\n(1) In considering an application for an access modification decision,\nand deciding whether compliance with a particular disability access\nprovision would impose unjustifiable hardship on the applicant, the\nAppeals Board must take into account all circumstances relevant to\nthe application.\n(2) Without limiting subsection (1), circumstances relevant to the\napplication may include any of the following:\n(a) any additional capital, operating or other costs, or loss of\nrevenue, that would be directly incurred by, or reasonably\nlikely to result from, compliance with the disability access\nprovision;\n(b) any reductions in capital, operating or other costs, or\nincreases in revenue, that would be directly achieved by, or\nreasonably likely to result from, compliance with the disability\naccess provision;\n(c) the extent to which the construction of the building has been,\nor will be, financed by government funding;\n\nBuilding Act 1993 109\n(d) the extent to which the building:\n(i) is used for public purposes; and\n(ii) has a community function;\n(e) the financial position of the applicant;\n(f) any effect that compliance with the disability access provision\nis reasonably likely to have on the financial viability of the\napplicant;\n(g) any exceptional technical factors (such as the effect of\nload-bearing elements on the structural integrity of the\nbuilding), or geographic factors (such as gradient or\ntopography), affecting a person's ability to comply with the\ndisability access provision;\n(h) financial, staffing, technical, information and other resources\nreasonably available to the applicant, including any grants, tax\nconcessions, subsidies or other external assistance provided\nor available;\n(i) whether the cost of alterations to make any premises\naccessible is disproportionate to the value of the building,\ntaking into consideration the improved value that would result\nfrom the alterations;\n(j) benefits reasonably likely to accrue from compliance with the\ndisability access provision (including benefits to persons with\ndisabilities, building users and other affected persons) or\ndetriment likely to result from non-compliance;\n(k) if compliance with the provision is required – detriment\nreasonably likely to be suffered (including in relation to means\nof access, comfort and convenience) by any of the following:\n(i) the applicant or building developer;\n(ii) a building manager;\n(iii) persons with disabilities and other people using the\nbuilding;\n(l) if detriment under paragraph (k) involves loss of heritage\nsignificance – the extent to which the heritage features of the\nbuilding are essential, or merely incidental, to the heritage\nsignificance of the building;\n\nBuilding Act 1993 110\n(m) any evidence about efforts made in good faith by the applicant\nor a person required to comply with the disability access\nprovision (including the relevant building certifier and any\nconsulting access consultants);\n(n) if the applicant has given an action plan to the Australian\nHuman Right Commission under section 64 of the Disability\nDiscrimination Act 1992 (Cth) – the terms of the action plan\nand any evidence of its implementation;\n(o) the nature and results of any processes of consultation,\nincluding at local, regional, State, national, international,\nindustry and other levels, involving, or on behalf of, the\napplicant, a building developer, a building manager, the\nrelevant building certifier or persons with disabilities, about\nmeans of achieving compliance with the disability access\nprovision, including in relation to the factors listed in this\nsubsection.\n(3) If a substantial issue of unjustifiable hardship is raised having\nregard to a factor mentioned in subsection (2), the Appeals Board\nmust consider the following additional factors:\n(a) the extent to which substantially equal access to public\npremises is or may be provided otherwise than by compliance\nwith the disability access provision;\n(b) any measures undertaken (or to be undertaken) by, on behalf\nof, or in association with, a person or organisation in order to\nensure substantially equal access.\nbuilding developer means a person with responsibility for, or\ncontrol over, the design and construction of a building.\nbuilding manager means a person with responsibility for, or\ncontrol over, the management of a building.\n","sortOrder":207},{"sectionNumber":"129J","sectionType":"section","heading":"Notice and registration of disability access decision","content":"129J Notice and registration of disability access decision\n(1) The Appeals Board must give a notice of a disability access\ndecision, and the reasons for the decision, to the following persons:\n(a) the applicant for the decision;\n(b) if the applicant is a building certifier – the person who has\nengaged the building certifier;\n\nBuilding Act 1993 111\n(c) if the applicant is a person other than a building certifier\nengaged for the building work to which the decision relates –\nthe building certifier.\n(2) The disability access decision must be signed by one of the\nmembers of the Appeals Board involved in making the decision.\n(3) The Registrar must file a copy of the disability access decision in a\nregister of those decisions.\n(4) A person may, on payment of the prescribed fee to the Registrar,\ninspect an alternative solution decision.\n(5) A person may apply in writing to the Chairperson of the Appeals\nBoard for approval to inspect an access modification decision and\nthe reasons for the decision and, if the application is approved, the\nperson may inspect the decision on payment of the prescribed fee\nto the Registrar.\n","sortOrder":208},{"sectionNumber":"129K","sectionType":"section","heading":"Effect of disability access decision","content":"129K Effect of disability access decision\nA disability access decision has effect subject to this Act and other\nlaws in force in the Territory.\nNote for section 129K\nDecisions of the Appeals Board cannot override the requirements of\nCommonwealth legislation. Consequently, the making of a disability access\ndecision does not prevent a person from making a claim under the Disability\nDiscrimination Act 1992 (Cth) in relation to a contravention of a disability access\n","sortOrder":209},{"sectionNumber":"Part 11","sectionType":"part","heading":"Appeals and applications to Appeals Board","content":"Part 11 Appeals and applications to Appeals Board\ngenerally\n","sortOrder":210},{"sectionNumber":"130","sectionType":"section","heading":"Who may appeal","content":"130 Who may appeal\n(1) An appeal referred to in section 19(1)(a) may be made by a person\n(other than a reporting authority) involved in the dispute (or the\nperson's agent) or by the Director.\n(2) An appeal under subsection (1) must be made in accordance with\nthis Part.\n\nBuilding Act 1993 112\n","sortOrder":211},{"sectionNumber":"130A","sectionType":"section","heading":"How appeal is commenced","content":"130A How appeal is commenced\n(1) Subject to this Act, an appeal must be commenced not later than\n28 days after the date on which notice of the decision appealed\nagainst is given.\n(2) An appeal must be in the approved form and lodged with the\nAppeals Board.\n","sortOrder":212},{"sectionNumber":"131","sectionType":"section","heading":"Modification of application of Building Regulations","content":"131 Modification of application of Building Regulations\n(1) The Appeals Board may by determination, on application by an\nowner of land (including a public authority), an owner's agent or the\nDirector, modify the application of the Regulations to land, a\nbuilding or building work or determine that a provision of the\nRegulations does not apply to the land, building or building work or\napplies subject to the conditions the Board specifies and, on the\nBoard so doing, the Regulations do not apply, or apply subject to\nthose conditions, accordingly.\n(2) The Appeals Board may, before making a determination under\nsubsection (1), require a report from a reporting authority on the\nsubject of the application and may not make a determination unless\nit is satisfied that it is not detrimental to the public interest to do so.\n(3) An application under this section must be in accordance with this\nPart.\n","sortOrder":213},{"sectionNumber":"132","sectionType":"section","heading":"Sittings of Appeals Board","content":"132 Sittings of Appeals Board\n(1) The Appeals Board must, when performing its functions for a\nparticular matter, consist of the member or members the\nChairperson nominates (one of whom must be nominated to\npreside), but must not consist of, or include, the Director or a\ndelegate of the Director if the Director is the appellant or if the\nmatter the subject of the appeal involves an act or decision of the\nDirector or a delegate of the Director.\n(2) More than one sitting of the Appeals Board may be held at any one\ntime.\n","sortOrder":214},{"sectionNumber":"133","sectionType":"section","heading":"Constitution of Appeals Board in a matter","content":"133 Constitution of Appeals Board in a matter\n(1) Subject to subsection (2), the Appeals Board, while hearing and\ndetermining a particular matter, is constituted by the same member\nor members.\n\nBuilding Act 1993 113\n(2) Where a member of the Appeals Board is not available after the\nAppeals Board has commenced to hear a matter, the Chairperson\nmay, on the application of a party, nominate another member (new\nmember) to fill the vacancy to enable the hearing to continue.\n(3) Where a new member is nominated under subsection (2) in place of\na former member:\n(a) the new member must treat any evidence given, document\nproduced or thing done in the course of earlier proceedings in\nthe same manner and in all respects as if it had been given,\nproduced or done in the course of the proceedings by the\nAppeals Board as constituted with the new member; and\n(b) an interim award or order made in the course of the earlier\nproceedings is taken to be made by the Appeals Board as\nconstituted with the new member; and\n(c) the Appeals Board as constituted with the new member may\nadopt and act on a determination of a matter made in the\ncourse of the earlier proceedings without the new member\napplying his or her own judgment to the matter;\nand the Regulations may make provision for any other matter in\nrelation to the hearing.\n","sortOrder":215},{"sectionNumber":"134","sectionType":"section","heading":"Authentication of documents","content":"134 Authentication of documents\nA document requiring authentication by the Appeals Board is\nsufficiently authenticated without the seal of the Board if it is signed\nby the Chairperson or the Deputy Chairperson.\n","sortOrder":216},{"sectionNumber":"135","sectionType":"section","heading":"Procedure generally","content":"135 Procedure generally\n(1) Except to the extent that they are prescribed, the Appeals Board\nmay determine its own procedures.\n(2) Hearings of the Appeals Board must be conducted with as little\nformality and technicality, and with as much expedition, as the\nrequirements of this Act and the Regulations, and the proper\nconsideration of the matters before the Board, permit.\n(3) The Appeals Board is not bound by the rules of evidence but may\ninform itself of any matter in such manner as it thinks fit.\n\nBuilding Act 1993 114\n","sortOrder":217},{"sectionNumber":"136","sectionType":"section","heading":"Fresh hearing","content":"136 Fresh hearing\nAn appeal, a referral or an application to the Appeals Board must\nbe dealt with as a fresh hearing, and fresh evidence or fresh\ninformation may be given.\n","sortOrder":218},{"sectionNumber":"137","sectionType":"section","heading":"Decisions of Appeals Board","content":"137 Decisions of Appeals Board\n(1) In addition to any other power conferred on the Appeals Board by\nor under this Act in relation to an appeal, referral or application, the\nBoard may make any decision or take any action that the person\nmaking the original decision could have made or taken in relation to\nthe matter.\n(2) In determining an appeal, referral or application, the Appeals Board\nis not bound by a previous determination of the Board.\n","sortOrder":219},{"sectionNumber":"138","sectionType":"section","heading":"Decision of Appeals Board to be final","content":"138 Decision of Appeals Board to be final\nThe decision of the Appeals Board in an appeal, referral or\napplication is final and has effect accordingly.\n","sortOrder":220},{"sectionNumber":"139","sectionType":"section","heading":"Form of appeals and applications","content":"139 Form of appeals and applications\n(1) An appeal to the Appeals Board must contain details of the grounds\nof the appeal and such other particulars, if any, as are prescribed\nand be accompanied by the prescribed fee.\n(2) An application or referral to the Appeals Board must contain details\nof the application or referral and such other particulars, if any, as\nare prescribed and be accompanied by the prescribed fee.\n","sortOrder":221},{"sectionNumber":"140","sectionType":"section","heading":"Decisions – form","content":"140 Decisions – form\n(1) A determination by the Appeals Board must be in writing, must be\nsigned by one member of the Board involved in making the\ndetermination and must be filed in the register by the Registrar.\n(2) The Appeals Board must, if requested to do so by a party to an\nappeal, referral or application, give a written statement of its\nreasons for the determination to the party.\n(3) A person may, on payment of the prescribed fee to the Registrar,\ninspect a determination of the Board.\n\nBuilding Act 1993 115\n","sortOrder":222},{"sectionNumber":"141","sectionType":"section","heading":"Evidence of determinations","content":"141 Evidence of determinations\nThe production in proceedings of a document purporting to be a\ncopy of a determination made by the Appeals Board under this Act\nand to be signed by the Registrar, is evidence of the due making\nand existence of the determination.\n","sortOrder":223},{"sectionNumber":"142","sectionType":"section","heading":"Enforcement of determinations","content":"142 Enforcement of determinations\nEvery determination made by the Appeals Board may, by leave of\nthe prescribed court, be enforced as if it were a judgment or order\nof the court to the same effect duly made by the court.\n","sortOrder":224},{"sectionNumber":"143","sectionType":"section","heading":"Adjournments","content":"143 Adjournments\nThe Appeals Board may, from time to time, adjourn a hearing to\nsuch time, date and place, and for such reasons, as it thinks fit.\n","sortOrder":225},{"sectionNumber":"144","sectionType":"section","heading":"Hearings to be open","content":"144 Hearings to be open\nThe hearings of the Appeals Board must be open to the public,\nunless otherwise directed by the Board.\n","sortOrder":226},{"sectionNumber":"145","sectionType":"section","heading":"Rights of representation","content":"145 Rights of representation\nA party to a hearing before the Appeals Board is, with the consent\nof the Board, entitled to be represented by another person.\n","sortOrder":227},{"sectionNumber":"146","sectionType":"section","heading":"Attendance of witnesses","content":"146 Attendance of witnesses\n(1) The Appeals Board may, by notice in writing served on a person,\nrequire the person to attend at a hearing of the Board for the\npurpose of giving evidence, or to produce to the Board a document\nthat is relevant to the hearing, at a time, date and place specified in\nthe notice.\n(2) The Board may keep a document produced to it under this section\nfor as long as it considers necessary for the purpose of completing\nthe hearing.\n(3) A person must comply with a requirement under this section to\nattend and give evidence at a hearing, or to produce a document, to\nthe extent to which the person is lawfully able to do so.\n","sortOrder":228},{"sectionNumber":"147","sectionType":"section","heading":"Witnesses to answer questions","content":"147 Witnesses to answer questions\n(1) The Appeals Board may require a person who attends a hearing to\nanswer a question that is reasonably related to the hearing.\n\nBuilding Act 1993 116\n(2) A person must not refuse to answer a question on the ground that\nthe answer might tend to criminate the person.\n","sortOrder":229},{"sectionNumber":"148","sectionType":"section","heading":"Evidence on oath","content":"148 Evidence on oath\nThe Appeals Board may require a person who attends a hearing to\ngive evidence on oath.\n","sortOrder":230},{"sectionNumber":"149","sectionType":"section","heading":"Costs","content":"149 Costs\nThe parties to a hearing before the Appeals Board must bear their\nown costs of the hearing, unless the Board otherwise determines.\n","sortOrder":231},{"sectionNumber":"150","sectionType":"section","heading":"Prosecution of offences","content":"150 Prosecution of offences\n(1) Proceedings for an offence against this Act must not be\ncommenced without the consent of the Director.\n(2) A document purporting to be consent for the purposes of\nsubsection (1) and to be signed by the Director is evidence of that\nconsent.\n(3) A prosecution for an offence against this Act or the Regulations\nmust be commenced within 2 years after the day on which a police\nofficer, the Director or an authorised officer becomes aware of the\ncommission of the alleged offence.\n(4) For exercising its criminal jurisdiction in relation to an offence\nagainst this Act, the Local Court must be constituted by a Local\nCourt Judge.\n","sortOrder":232},{"sectionNumber":"151","sectionType":"section","heading":"Offences by corporations","content":"151 Offences by corporations\n(1) Where a corporation contravenes, whether by act or omission, a\nprovision of this Act or the Regulations, each person being a\ndirector of the corporation or a person concerned in the\nmanagement of the corporation is taken to have contravened the\nsame provision unless the person proves that he or she had no\nknowledge of the commission of the offence and could not, by the\nexercise of due diligence, have prevented the commission of the\noffence.\n(2) A person may be proceeded against and found guilty pursuant to\nthis section whether or not the corporation has been proceeded\nagainst or been found guilty.\n\nBuilding Act 1993 117\n(3) Nothing in this section affects the liability imposed on a corporation\nfor an offence committed by the corporation against this Act or the\n(4) Without limiting any other law or practice relating to the admissibility\nof evidence, evidence that an officer, employee or agent of a\ncorporation (while acting in his or her capacity as such) had at a\nparticular time, a particular intention, is evidence that the\ncorporation had that intention at that time.\n","sortOrder":233},{"sectionNumber":"152","sectionType":"section","heading":"Additional orders that may be made by the Court","content":"152 Additional orders that may be made by the Court\n(1) The Director may bring proceedings in a prescribed court for an\norder under this section in the event of a breach, or threatened or\napprehended breach, of this Act or the Regulations or a notice or\norder issued under this Act (including a notice, order or\ndetermination of the Appeals Board).\n(2) The court may, if it is satisfied that a breach, or threatened or\napprehended breach, has been or will be committed or is likely to\nbe committed, make:\n(a) an order to restrain the breach or other conduct by the person\nby whom the breach is committed or by whom the threatened\nor apprehended breach is likely to be committed; or\n(b) an order requiring building work to be carried out; or\n(c) an order requiring the payment of money into court in respect\nof building work carried out by, or to be carried out by, the\nDirector; or\n(d) any necessary ancillary orders.\n(3) A person may make an application for an order under this section\nduring proceedings for an offence against this Act or the\nRegulations and an order may be made instead of or in addition to\na penalty imposed in those or any other proceedings.\n(4) A person must not make an application under this section as to a\nnotice, order or other matter that is subject to an appeal to the\nAppeals Board not finally disposed of.\n\nBuilding Act 1993 118\n","sortOrder":234},{"sectionNumber":"153","sectionType":"section","heading":"Protection from liability","content":"153 Protection from liability\n(1) No matter or thing done, or omitted to be done, by:\n(a) the Director; or\n(b) the Advisory Committee or a member of the Advisory\nCommittee; or\n(c) the Practitioners Board or a member of the Practitioners\nBoard; or\n(d) the Appeals Board or a member of the Appeals Board; or\n(e) a person acting under the direction of the Director, the\nPractitioners Board or the Appeals Board;\nsubjects the Director, Committee, Practitioners Board, Appeals\nBoard or person to any action, liability, claim or demand, if the\nmatter or thing was done or omitted to be done in good faith for the\npurpose of performing a function or executing a power under this or\nany other Act, or the performance or exercise, or intended\nperformance or exercise, of the functions or powers of the member,\nDirector, Board, Committee or person.\n(2) No matter or thing done or omitted to be done by:\n(a) a building certifier; or\n(aa) the Director; or\n(b) a person performing a function or exercising a power of a\nbuilding certifier in relation to a public authority;\nunder this Act in good faith or relying on a certificate under\nsection 40 subjects the building certifier, Director or person, or the\nTerritory, to any action, liability, claim or demand.\n(3) No matter or thing done by a building certifier under this Act\nsubjects the Director or the Territory to any action, liability, claim or\ndemand.\n(4) No action or other proceedings may be brought against the\nDirector, the Territory or an employee, as defined in the Public\nSector Employment and Management Act 1993 with respect to\ninformation included in or omitted from a register maintained under\nthis Act.\n\nBuilding Act 1993 119\n","sortOrder":235},{"sectionNumber":"159","sectionType":"section","heading":"Application of limitation on taking action","content":"159 Application of limitation on taking action\n(1) Section 160 applies to an action for damages for economic loss and\nrectification costs resulting from defective construction of building\nwork or other work carried out under this Act.\n(2) The cause of action may be founded on contract or tort (including a\ncause of action for damages for breach of a statutory duty) or be a\ncause of action to recover money recoverable by virtue of this Act.\n(3) Section 160 does not affect a right to recover damages for death or\npersonal injury resulting from defective construction.\n","sortOrder":236},{"sectionNumber":"160","sectionType":"section","heading":"Limitation on time when action may be taken","content":"160 Limitation on time when action may be taken\n(1) An action is not maintainable by a plaintiff or a person claiming on\nbehalf of a plaintiff if it is brought after the end of a limitation period\nof 10 years after the date on which the cause of action first accrues.\n(2) The cause of action accrues on the date of the grant of occupancy\ncertification in relation to the building work that is the subject of the\naction or, if occupancy certification is not granted, on the date of\nfirst occupation of the building concerned after completion of the\n","sortOrder":237},{"sectionNumber":"161","sectionType":"section","heading":"Effect of other legislation","content":"161 Effect of other legislation\nTo the extent to which they are inconsistent with any other law in\nforce in the Territory, the provisions of this Part prevail.\n","sortOrder":238},{"sectionNumber":"162","sectionType":"section","heading":"Access to buildings and land","content":"162 Access to buildings and land\n(1) The Minister may appoint persons or classes of persons to be\nauthorised officers.\n(2) Subject to section 163(1), a police officer or an authorised officer\nmay, at all reasonable times, for the purpose of performing a\nfunction or exercising a power of the police officer or of a building\ncertifier or other person under this Act, or for the purpose of\nperforming a function or exercising the powers of an authorised\nofficer under section 164, enter any land, building, place or\ntemporary structure if the officer has reasonable grounds to believe\nthat it is necessary to do so for that purpose.\n\nBuilding Act 1993 120\n","sortOrder":239},{"sectionNumber":"163","sectionType":"section","heading":"Access to residential premises","content":"163 Access to residential premises\n(1) A person must not enter a part of a building used for residential\npurposes without the consent of the occupier of the part or a search\nwarrant.\n(2) If a police officer or authorised officer makes a complaint on oath to\na justice of the peace to the effect that the officer has reason to\nsuspect, and believes, that this Act has or the Regulations have\nbeen or is or are being contravened in residential premises, the\njustice of the peace may, if satisfied that the belief is well founded,\nauthorise by search warrant a police officer or an authorised officer\nto enter the premises to search for evidence in relation to the\ncontravention in or on the premises.\n(3) Section 120B(4) to (8), inclusive, of the Police Administration\nAct 1978, with the necessary changes, apply to and in relation to a\nsearch warrant issued under subsection (2).\n","sortOrder":240},{"sectionNumber":"164","sectionType":"section","heading":"Additional powers of authorised officer","content":"164 Additional powers of authorised officer\nIn addition to his or her powers under this Part, an authorised\nofficer may:\n(a) demand that the owner or occupier of any land, building, place\nor temporary structure produce any records relating to the\nbuilding or any building work; and\n(b) search for, inspect, take extracts from and make copies of\nsuch records; and\n(c) make any inquiry that the authorised officer considers\nnecessary relating to any building work, land, building, place\nor temporary structure and take samples of materials for the\npurposes of an inquiry.\n","sortOrder":241},{"sectionNumber":"165","sectionType":"section","heading":"Access where safety of public at risk","content":"165 Access where safety of public at risk\nDespite section 163(1), an authorised officer may enter residential\npremises at any time if the safety of the public or the occupants is\nat risk or the residential premises are affected by an emergency\norder under Part 10.\n","sortOrder":242},{"sectionNumber":"166","sectionType":"section","heading":"Offences","content":"166 Offences\nA person must not:\n(a) fail or refuse to produce records on being required to do so by\nan authorised officer in pursuance of section 164; or\n\nBuilding Act 1993 121\n(b) make a false or misleading statement in answer to an inquiry\nin pursuance of that section; or\n(c) assault, delay, obstruct, hinder or impede an authorised officer\nin the performance of a function or exercise of a power under\nthis Act.\n166AA Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":243},{"sectionNumber":"166A","sectionType":"section","heading":"Certified copies of documents","content":"166A Certified copies of documents\n(1) The Minister or the Director may certify that a document is a copy of\na document given, issued, made or served by him or her.\n(2) A person may, on application in the approved form and on payment\nof the prescribed fee, obtain a certified copy of a document.\n(3) A document purporting to be a certified copy of a document is\nevidence of the document.\ncertified copy, of a document, means a copy of the document\ncertified under subsection (1).\n","sortOrder":244},{"sectionNumber":"167","sectionType":"section","heading":"Evidentiary provisions","content":"167 Evidentiary provisions\n(1) In proceedings before a court, the court must take judicial notice of\na notice, order or direction purporting to have been given under this\nAct by the Minister, the Appeals Board or the Director.\n(2) In proceedings before a court, a copy of an adopted code or\nstandard, or a code or standard referred to in an adopted code or\nstandard, or of any part thereof, purporting to be certified by the\nDirector or an officer authorised for the purpose by the Director, is\nadmissible in evidence.\n\nBuilding Act 1993 122\n167AA Service of documents\nA document may be served on a person under this Act by any of\nthe following means:\n(a) delivering the document to the person personally;\n(b) sending the document by prepaid post to the person at his or\nher last-known place of residence or business or, if he or she\nis carrying on business at 2 or more places, at one of those\nplaces;\n(c) sending the document by prepaid post to the person at his or\nher last-known postal address;\n(d) leaving the document at the last-known place of residence of\nthe person with a person who is apparently living at that place\nand who is apparently not less than 16 years of age;\n(e) leaving the document at the last-known place of business of\nthe person or, if he or she is carrying on business at 2 or more\nplaces, at one of those places with a person who is apparently\nemployed by the person and who is apparently not less than\n16 years of age.\n","sortOrder":245},{"sectionNumber":"167A","sectionType":"section","heading":"Approved forms","content":"167A Approved forms\n(1) The Minister may approve forms for use under this Act.\n(2) An approved form may be a statutory declaration.\n","sortOrder":246},{"sectionNumber":"167B","sectionType":"section","heading":"Guidelines","content":"167B Guidelines\n(1) The Director may make guidelines for the administration of this Act.\n(2) The guidelines must be consistent with this Act.\n(3) The Director may publish the guidelines in the way the Director\nconsiders appropriate (for example, on the Internet).\n(4) A person acting under this Act must have regard to the guidelines.\n","sortOrder":247},{"sectionNumber":"168","sectionType":"section","heading":"Regulations","content":"168 Regulations\n(1) The Administrator may make Regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\n","sortOrder":248},{"sectionNumber":"Part 15","sectionType":"part","heading":"Repeals and transitional matters for Building Act 1993","content":"Part 15 Repeals and transitional matters for Building Act 1993\nBuilding Act 1993 123\n(2) Without limiting subsection (1), the Regulations may make provision\nfor or with respect to the matters listed in Schedule 1.\n(3) The Regulations may do any of the following:\n(a) require a matter affected by the Regulations to be:\n(i) in accordance with a specified standard or specified\nrequirement; or\n(ii) approved by or to the satisfaction of a specified person\nor body or a person or body of a specified class of\nperson or body;\n(b) confer a discretionary authority on a specified person or body\nor a person or body of a specified class of person or body;\n(ba) provide for a matter to be determined by the Minister;\n(c) provide, in a specified case or class of case, for the exemption\nof persons or things from the application of the Regulations,\nwhether unconditionally or on specified conditions or\nconditions additionally imposed and either wholly or to such an\nextent as is specified or otherwise determined.\n(4) The Regulations may contain such incidental, supplementary,\nsavings and transitional provisions as are necessary or convenient.\n(5) The Regulations may prescribe a fine not exceeding 100 penalty\nunits and, for a continuing offence, an additional fine not exceeding\n10 penalty units for each day during which the offence continues,\nfor an offence against a regulation.\nNote for section 168\nSee section 51(1) and (2) in relation to the application of a regulation or an\namendment to a regulation to building work for which a building permit was\ngranted, or in respect of which substantial progress had been made on the\ndesign of the building, before the commencement of the regulation or\namendment.\nPart 15 Repeals and transitional matters for Building\nAct 1993\n","sortOrder":249},{"sectionNumber":"169","sectionType":"section","heading":"Repeal","content":"169 Repeal\nThe following Acts are repealed:\nBuilding Act 1983 No. 31, 1983\nBuilding Amendment Act 1987 No. 1, 1987\n\nPart 15 Repeals and transitional matters for Building Act 1993\nBuilding Act 1993 124\nBuilding Amendment Act 1989 No. 68, 1989\n","sortOrder":250},{"sectionNumber":"170","sectionType":"section","heading":"Matters in process before commencement of this Act","content":"170 Matters in process before commencement of this Act\n(1) Subject to subsection (2) and section 172, the repealed Act\ncontinues to apply in relation to building work approved or\ncommenced before the commencement of this Act and to and in\nrelation to all ensuing rights and liabilities that would have resulted\nhad this Act never commenced, as if this Act had in fact not\ncommenced.\n(2) For the purposes of subsection (1), a reference in the repealed Act\nto:\n(a) the Building Controller includes a reference to the Director;\nand\n(b) the Board includes a reference to the Appeals Board; and\n(c) the Chairman includes a reference to the Chairperson of the\nAppeals Board;\nand the Director, the Board and the Chairperson have, respectively,\nall the functions and powers of the Building Controller, the Board\nand the Chairman under the repealed Act.\nNote for section 170\nThe operation of this section is affected by Part 20.\n","sortOrder":251},{"sectionNumber":"171","sectionType":"section","heading":"Repeal of Regulations and savings","content":"171 Repeal of Regulations and savings\n(1) The Regulations in force under the repealed Act immediately before\nthe commencement of this Act are repealed.\n(2) Despite the repeal referred to in subsection (1), the Regulations\nremain in force to the extent necessary to give effect to the\ncontinued application of the repealed Act in pursuance of\nsection 170.\n","sortOrder":252},{"sectionNumber":"172","sectionType":"section","heading":"Transitional Regulations","content":"172 Transitional Regulations\n(1) For the purposes only of ensuring the continuity of rights, liabilities\nand obligations of persons to or in relation to whom the repealed\nAct applied immediately before the commencement of this Act, the\nAdministrator may make such Regulations as he or she considers\nnecessary or convenient to be made, notwithstanding that, but for\nthis section, he or she may not have the power to make such\n\n","sortOrder":253},{"sectionNumber":"Part 15C","sectionType":"part","heading":"Transitional matters for Part 2 of Building Amendment Act 2005","content":"Part 15C Transitional matters for Part 2 of Building Amendment Act 2005\nBuilding Act 1993 125\n(2) The power given by subsection (1) may be exercised only within\none year after the Commencement of this Act, but a regulation\nmade in pursuance of it remains in force until repealed by\nRegulations made under this Act.\n(3) Regulations made under this section may be made retrospective to\nthe date of commencement of this Act or any date after that\ncommencement, and have effect accordingly.\n(4) To the extent that Regulations made under this section are\ninconsistent with this Act or the repealed Act, the Regulations shall\nprevail.\n","sortOrder":254},{"sectionNumber":"Part 15A","sectionType":"part","heading":"Building areas before 16 September 2004","content":"Part 15A Building areas before 16 September 2004\n","sortOrder":255},{"sectionNumber":"172A","sectionType":"section","heading":"Retrospective application of declaration","content":"172A Retrospective application of declaration\nThe declaration under section 6(2) dated 10 September 2004 and\npublished in Gazette No. S29 of 16 September 2004, as amended\nand in force immediately before the commencement of this section,\nis taken to have come into force on 1 September 1993.\n","sortOrder":256},{"sectionNumber":"172B","sectionType":"section","heading":"Validation of things done or omitted before 16 September 2004","content":"172B Validation of things done or omitted before 16 September 2004\n(1) A thing done or omitted to be done under Parts 4 to 13 (inclusive) in\nor in relation to a part of the Territory during the validation period is\nnot invalid because a declaration under section 6(2) was not in\nforce (except by virtue of section 172A) in or in relation to that part\nof the Territory at the time the thing was done or omitted to be\ndone.\nvalidation period means the period commencing on\n1 September 1993 and ending on 15 September 2004.\nPart 15C Transitional matters for Part 2 of Building\nAmendment Act 2005\n172H Regulations may contain savings or transitional provisions\n(1) The Regulations may contain provisions of a savings or transitional\nnature consequent on the enactment of Part 2 of the Building\nAmendment Act 2005.\n\n","sortOrder":257},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional matters for Building Amendment Act 2004","content":"Part 16 Transitional matters for Building Amendment Act 2004\nBuilding Act 1993 126\n(2) The Regulations may provide that a savings or transitional provision\ntakes effect from a date that is earlier than the date of its publication\nor notification in the Gazette but, if they do so, the provision does\nnot operate so as:\n(a) to affect in a manner prejudicial to any person (other than the\nTerritory), the rights of that person existing before the date of\nits publication or notification; or\n(b) to impose liabilities on a person (other than the Territory) in\nrespect of anything done or omitted to be done before the date\nof its publication or notification.\n(3) If a regulation made under this section is inconsistent with a\nprovision of this Act or a provision of an Act specified in the\nregulation, the regulation prevails to the extent of the inconsistency.\nPart 16 Transitional matters for Building Amendment\nAct 2004\n","sortOrder":258},{"sectionNumber":"173","sectionType":"section","heading":"Renewal of registration granted before commencement of","content":"173 Renewal of registration granted before commencement of\nBuilding Amendment Act 2004\n(1) Subject to subsection (2), the registration of a building practitioner\nin force before the commencement of section 12 of the Building\nAmendment Act 2004 continues in force, subject to this Act, after\nthat commencement:\n(a) if the registration was granted more than 2 years before that\ncommencement – until the anniversary of the date on which\nthe registration was granted; or\n(b) if the registration was granted less than 2 years before that\ncommencement – until the second anniversary of the date on\nwhich the registration was granted.\n(2) If under subsection (1) the anniversary date is within 6 months of\nthe commencement of this section, the registration of the building\npractitioner continues in force, subject to this Act, until:\n(a) the building practitioner's application for renewal is determined\nby the Practitioners Board in accordance with the Building\nAct 1993 as amended by the Building Amendment Act 2004;\nor\n(b) 6 months elapses after that commencement,\nwhichever occurs first.\n\nPart 16 Transitional matters for Building Amendment Act 2004\nBuilding Act 1993 127\n(3) A building practitioner referred to in this section may apply to renew\nhis or her registration in accordance with the Building Act 1993 as\namended by the Building Amendment Act 2004.\n","sortOrder":259},{"sectionNumber":"174","sectionType":"section","heading":"Determinations under section 14 of Building Act 1993 to","content":"174 Determinations under section 14 of Building Act 1993 to\ncontinue in force\nDespite the repeal of section 14(1)(a), a determination by the\nPractitioners Board under the section remains in force until a\ndetermination is made by the Minister under section 24G.\n","sortOrder":260},{"sectionNumber":"175","sectionType":"section","heading":"Commencement of Part 4A of Building Act 1993","content":"175 Commencement of Part 4A of Building Act 1993\n(1) If, before the commencement of Part 4A:\nand\n(b) the owner of the land on which the building work was to be\ncarried out had entered into a contract with a person to carry\nout the building work;\nthe person may, after that commencement, commence or continue\nto carry out the building work as if Part 4A had not commenced\ndespite that the building work is building work to which the Part\nwould otherwise apply.\n(2) If, before the commencement of Part 4A:\nand\n(b) a person had commenced to carry out the building work for\nthe owner of the land on which the building work was to be\ncarried out (whether or not the owner had entered into a\ncontract with the person to carry out the building work);\nthe person may, after that commencement, continue to carry out\nthe building work as if Part 4A had not commenced despite that the\nbuilding work is building work to which the Part would otherwise\napply.\n","sortOrder":261},{"sectionNumber":"176","sectionType":"section","heading":"Commencement of Part 4B of Building Act 1993","content":"176 Commencement of Part 4B of Building Act 1993\nIf, before the commencement of Part 4B:\nand\n\nBuilding Act 1993 128\n(b) the owner of the land on which the building work is to be\ncarried out had commenced to carry out the building work;\nthe person may, after that commencement, continue to carry out\nthe building work as if Part 4B had not commenced despite that the\nbuilding work is building work to which the Part would otherwise\napply.\n","sortOrder":262},{"sectionNumber":"179","sectionType":"section","heading":"Transitional Regulations","content":"179 Transitional Regulations\n(1) For ensuring the orderly implementation of Parts 4A and 4B, the\nAdministrator may make regulations that he or she considers\nnecessary or convenient to be made.\n(2) The power given by subsection (1) may only be exercised within\n12 months after the commencement date.\n(3) Regulations made under this section may be made retrospective to\nthe commencement date or any date after the commencement date\nand will have force accordingly.\n(4) To the extent that Regulations made under this section are\ninconsistent with this Act or a provision of an Act specified in the\nRegulations, the Regulations prevail.\n(5) In this section:\ncommencement date means the commencement of Part 4A or 4B,\nas appropriate.\n","sortOrder":263},{"sectionNumber":"Part 17","sectionType":"part","heading":"Transitional matters for Building Legislation","content":"Part 17 Transitional matters for Building Legislation\nAmendment Act 2010\n","sortOrder":264},{"sectionNumber":"180","sectionType":"section","heading":"Definitions","content":"180 Definitions\ncommencement day means the day on which the Building\nLegislation Amendment Act 2010 commences.\nrepealed, in relation to a specified provision, means that provision\nas in force immediately before the commencement day.\nsubstituted, in relation to a specified provision, means that\nprovision as in force on the commencement day.\n\nBuilding Act 1993 129\n","sortOrder":265},{"sectionNumber":"181","sectionType":"section","heading":"Application for exemption certificate","content":"181 Application for exemption certificate\nPart 8, Division 3A applies in relation to an application for an\nexemption certificate even if the prescribed event specified in the\napplication occurred before the commencement day.\n","sortOrder":266},{"sectionNumber":"182","sectionType":"section","heading":"Declaration made by corporation after commencement day for","content":"182 Declaration made by corporation after commencement day for\nbuilding work completed before commencement day\n(1) This section applies if, before the commencement day:\n(a) prescribed building work to which repealed section 48C(1)\napplied had been completed by a director or nominee of a\ncorporation (the responsible builder); and\n(b) the declaration mentioned in that subsection had not been\ngiven to the building certifier under repealed regulation 20A(5)\nof the Building Regulations 1993.\n(2) Substituted section 48C, other than subsection (4) of that section,\napplies in relation to the declaration relating to the prescribed\n(3) If the responsible builder ceased to be a director or nominee of the\ncorporation after completing the prescribed work, the corporation\nmust follow the procedures specified in substituted section 48CA as\nif a prescribed event had occurred.\n(4) For this section, a responsible builder had completed prescribed\nbuilding work if he or she had completely ceased to carry out the\nbuilding work specified in the contract entered into under\nsection 48B, regardless of whether the work was fully or partially\ncompleted.\n(5) This section does not affect the liability of the responsible builder for\nan offence against repealed section 48C(1), repealed\nregulation 20A(5) of the Building Regulations 1993 or substituted\nsection 48C(2) or (3).\n","sortOrder":267},{"sectionNumber":"183","sectionType":"section","heading":"Declaration made by owner-builder after commencement day","content":"183 Declaration made by owner-builder after commencement day\nfor building work completed before commencement day\n(1) This section applies if, before the commencement day:\n(a) building work to which repealed section 48G applied had been\ncompleted by the owner-builder; and\n(b) the declaration mentioned in that section had not been given\nto the building certifier under repealed regulation 20A(5) of the\nBuilding Regulations 1993.\n\nBuilding Act 1993 130\n(2) For subsection (1), an owner-builder had completed building work\nspecified in a building permit if he or she had completely ceased to\ncarry out the building work, regardless of whether the work was fully\nor partially completed.\n(3) Substituted section 48G applies in relation to the declaration\nrelating to the building work.\n(4) However, subsections (5) to (7) apply if the owner-builder (the\noriginal builder):\n(a) ceased to carry out the building work after partially completing\nthe work; and\n(b) before the commencement day, had transferred his or her\ninterest in the land on which the building work is situated to\nanother person (the new owner).\n(5) If the new owner intends to continue carrying out the building work\nas an owner-builder, the new owner must, as soon as practicable\nafter the commencement day:\n(a) satisfy himself or herself that the building work completed by\nthe original builder was carried out in accordance with the\nbuilding permit granted for the work; and\n(b) make a declaration mentioned in section 69(1) relating to the\nbuilding work completed by the original builder; and\n(c) include in the declaration details about the way in which the\nnew owner has satisfied himself or herself for paragraph (a);\nand\n(d) give the declaration to the building certifier who granted the\nbuilding permit for the building work.\n(6) For subsection (5)(a), the new owner must:\n(a) take all the steps necessary and using proper care and\ndiligence, which may include engaging suitably qualified and\nexperienced persons to inspect and give reports about the\nbuilding work; and\n(b) ensure other prescribed certification required for the building\nwork completed by the original builder has been obtained.\n\n","sortOrder":268},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional matters for Building Amendment (Registration and Other Matters)","content":"Part 18 Transitional matters for Building Amendment (Registration and Other Matters)\nAct 2012\nBuilding Act 1993 131\n(7) If a person other than the new owner is to continue the building\nwork, the new owner must apply for an exemption certificate for the\nbuilding work completed by the original builder as if the reason the\noriginal builder had not made the declaration were the occurrence\nof a prescribed event.\nPart 18 Transitional matters for Building Amendment\n(Registration and Other Matters) Act 2012\n","sortOrder":269},{"sectionNumber":"184","sectionType":"section","heading":"Definition","content":"184 Definition\ncommencement day means the day on which this Part\ncommences.\n","sortOrder":270},{"sectionNumber":"185","sectionType":"section","heading":"Application of Part","content":"185 Application of Part\nThis Part applies despite anything to the contrary in section 12 of\nthe Interpretation Act 1978.\n","sortOrder":271},{"sectionNumber":"186","sectionType":"section","heading":"Replacement provisions apply to existing registration","content":"186 Replacement provisions apply to existing registration\napplications\n(1) The Practitioners Board must decide an existing registration\napplication in accordance with the relevant replacement registration\n(2) The Practitioners Board may require the applicant to give the Board\nadditional information to enable the Board to be satisfied about the\nmatters mentioned in the relevant replacement registration\n(3) In this section:\nexisting registration application means one of the following\napplications made before the commencement day and not decided\nbefore that day:\n(a) an application for registration made under section 23;\n(b) an application for registration made under section 24A;\n(c) an application for renewal of registration made under\nsection 24E.\n\n","sortOrder":272},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional matters for Building Amendment (Residential Building Consumer","content":"Part 19 Transitional matters for Building Amendment (Residential Building Consumer\nProtection) Act 2012\nBuilding Act 1993 132\nreplacement registration provision means section 24, 24B\nor 24F, and a regulation made for the section, as in force on the\ncommencement day.\n","sortOrder":273},{"sectionNumber":"187","sectionType":"section","heading":"Requirement to continue to hold determined net financial","content":"187 Requirement to continue to hold determined net financial\nassets\n(1) An individual or corporation registered before the commencement\nday as a building contractor must, during the remaining period of\nregistration, continue to hold the relevant amount of determined net\nfinancial assets.\n(2) For subsection (1), the relevant amount of determined net financial\nassets is the amount of net financial assets specified for the\nindividual or corporation in the Minister's determination under\nsection 24G as in force immediately before the commencement\nday.\n","sortOrder":274},{"sectionNumber":"188","sectionType":"section","heading":"Compliance with supervision requirement","content":"188 Compliance with supervision requirement\n(1) A corporation registered before the commencement day as a\nbuilding contractor must comply with the supervision requirement\nduring the term of registration.\n(2) For subsection (1), the supervision requirement is the requirement\nthat at least one director, or a nominee, of the corporation must\nprovide adequate supervision of the building work carried out by the\ncorporation.\n(3) To avoid doubt, it is no longer necessary for the director or nominee\nto reside in the Territory to provide the adequate supervision.\n","sortOrder":275},{"sectionNumber":"189","sectionType":"section","heading":"Continuation of delegations","content":"189 Continuation of delegations\nAn instrument delegating a power or function under section 20 that\nwas in force immediately before the commencement day continues\nin force.\nPart 19 Transitional matters for Building Amendment\n(Residential Building Consumer Protection)\nAct 2012\n","sortOrder":276},{"sectionNumber":"190","sectionType":"section","heading":"Definitions","content":"190 Definitions\namended laws means this Act and the Regulations as in force on\nand after the commencement day.\n\nPart 19 Transitional matters for Building Amendment (Residential Building Consumer\nProtection) Act 2012\nBuilding Act 1993 133\napproved insurance policy means an approved policy of\ninsurance mentioned in section 61 of this Act as in force\nimmediately before the commencement day.\ncommencement day means the day on which this Part\ncommences.\nformer laws means this Act and the Regulations as in force\nimmediately before the commencement day.\nrelevant building work means building work for which an\napproved insurance policy was required before the commencement\nday.\n","sortOrder":277},{"sectionNumber":"191","sectionType":"section","heading":"Continuation of building permit and approved insurance policy","content":"191 Continuation of building permit and approved insurance policy\nfor relevant building work\n(1) If, immediately before the commencement day, a building permit\nwas in force for relevant building work:\n(a) the permit continues in force; and\n(b) the approved insurance policy for the work continues in force.\n(2) The former laws continue to apply in relation to the relevant building\nwork specified in the building permit as if those laws were still in\nforce.\n","sortOrder":278},{"sectionNumber":"192","sectionType":"section","heading":"Relevant building work under residential building contract","content":"192 Relevant building work under residential building contract\n(1) This section applies in relation to relevant building work that, under\nthe former laws, was also prescribed building work for which a\nresidential building contract was required.\n(2) If, immediately before the commencement day, a residential\nbuilding contract and an approved insurance policy were in force for\nthe relevant building work but no building permit had been granted\nfor the work:\n(a) a building certifier may grant a building permit for the work in\naccordance with the former laws as if those laws were still in\nforce; and\n(b) if a building certifier grants a building permit as mentioned in\nparagraph (a):\n(i) the certifier must specify in the permit that it is granted\nunder the transitional provisions for the work; and\n\nBuilding Act 1993 134\n(ii) the former laws continue to apply in relation to the\nrelevant building work as if those laws were still in force.\n(3) If, immediately before the commencement day, a residential\nbuilding contract was in force for the relevant building work but no\napproved insurance policy (and consequently no building permit),\nwas in force for the work, the amended laws apply in relation to the\n","sortOrder":279},{"sectionNumber":"193","sectionType":"section","heading":"Relevant building work for which residential building contract","content":"193 Relevant building work for which residential building contract\nnot required\n(1) This section applies in relation to relevant building work for which,\nunder the former laws, a residential building contract was not\nrequired.\n(2) If, immediately before the commencement day, an approved\ninsurance policy was in force for the work but no building permit\nhad been granted for the work:\n(a) a building certifier may grant a building permit for the work in\naccordance with the former laws as if those laws were still in\nforce; and\n(b) if a building certifier grants a building permit as mentioned in\nparagraph (a):\n(i) the certifier must specify in the permit that it is granted\nunder the transitional provisions for the work; and\n(ii) the former laws continue to apply in relation to the\nrelevant building work as if those laws were still in force.\n","sortOrder":280},{"sectionNumber":"Part 20","sectionType":"part","heading":"Transitional matters for Building Amendment","content":"Part 20 Transitional matters for Building Amendment\n(Occupancy Certification) Act 2016\n","sortOrder":281},{"sectionNumber":"194","sectionType":"section","heading":"Definitions","content":"194 Definitions\namending Act means the Building Amendment (Occupancy\nCertification) Act 2016.\ncommencement means the commencement of the amending Act.\nrepealed Act occupancy application means an application under\nPart V of the repealed Act for the issue of a certificate of occupancy\nunder section 40 of that Act.\n\nBuilding Act 1993 135\n","sortOrder":282},{"sectionNumber":"195","sectionType":"section","heading":"Applications for certificate of occupancy under repealed Act","content":"195 Applications for certificate of occupancy under repealed Act\n(1) This section:\n(a) applies in relation to building work approved or commenced\nbefore 1 September 1993; and\n(b) applies despite section 170.\n(2) If, before the commencement, a repealed Act occupancy\napplication had been made in relation to building work but the\napplication had not been determined, the application:\n(a) is taken to be an application for occupancy certification; and\n(b) must be determined under Part 8 of this Act as in force after\n(3) After the commencement:\n(a) a repealed Act occupancy application must not be made in\nrelation to building work; but\n(b) an application for occupancy certification under Part 8 of this\nAct as in force after the commencement may be made in\nrelation to the work.\n(4) For the purposes of determining an application mentioned in\nsubsection (2) or (3):\n(a) a reference in Part 8 to a building permit granted for building\nwork is taken to be a reference to a building approval given\nunder Part III of the repealed Act; and\n(b) a reference to a requirement under the Act or the Regulations\n(however expressed) in that Part, except as set out in the\nTable to this section, is taken to be a reference to such a\nrequirement:\n(i) under the repealed Act, or the regulations made under\nthe repealed Act; and\n(ii) that was in force when the building work was approved\nor commenced.\n\nBuilding Act 1993 136\nTable of exceptions\nProvision Reference\n1 70(2)(c)(ii) criteria prescribed by regulation\n2 72B(1)(a) building of a class prescribed by regulation\n3 72B(1)(e) further criteria prescribed by regulation\n4 72C(c) criteria mentioned in section 72B(1)(e)\n5 Division 3 any requirements\n6 76C Schedule 3\n","sortOrder":283},{"sectionNumber":"196","sectionType":"section","heading":"Relevant applications – building certifiers","content":"196 Relevant applications – building certifiers\n(1) This Act, as amended by the amending Act, applies in relation to\nthe performance of a function by a building certifier to whom a\nrelevant application has been made.\nExamples for subsection (1)\n1 Under section 39, the building certifier must consent to the engagement of\nanother certifier to perform the function of determining the relevant\napplication.\n2 Under section 44, the building certifier may refer the determination of the\nrelevant application to another building certifier if that certifier agrees to the\nreferral.\n(2) Despite anything to the contrary in this Act, a building certifier may\nrefer a relevant application to the Director for determination if the\nbuilding certifier has:\n(a) considered the application, documents and information\nprovided to the certifier by the applicant; and\n(b) assessed the building work the subject of the application; and\n(c) made a written recommendation to the Director in relation to:\n(i) whether or not occupancy certification should be granted\nin relation to the building work; and\n(ii) if the building certifier recommends the grant of\noccupancy certification – the type of certification to be\ngranted.\n(3) The building certifier or Director may require the applicant to\nprovide further documents or information to facilitate a proper\nconsideration of the application.\n\nBuilding Act 1993 137\nrelevant application means an application mentioned in\nsection 195(2) or (3).\n","sortOrder":284},{"sectionNumber":"197","sectionType":"section","heading":"Application in relation to building work approved or","content":"197 Application in relation to building work approved or\ncommenced before commencement\n(1) This section applies in relation to building work:\n(a) that commenced after 31 August 1993 but before the\ncommencement; or\n(b) for which a building permit was granted after 31 August 1993\nbut before the commencement.\n(2) An application for an occupancy permit in relation to building work\nmade but not determined before the commencement:\n(a) is taken to be an application for occupancy certification; and\n(b) must be determined under Part 8 of this Act as in force after\n(3) Part 8 (as in force after the commencement) applies, as if a\nreference to a requirement under the Act or the Regulations\n(however expressed) in that Part, except as set out in the Table to\nsection 195, were a reference to such a requirement that was in\nforce when the building work commenced or the building permit\nwas granted, to:\n(a) an application mentioned in subsection (2); or\n(b) an application for occupancy certification made after the\n","sortOrder":285},{"sectionNumber":"198","sectionType":"section","heading":"Period of cover under approved insurance policy","content":"198 Period of cover under approved insurance policy\n(1) This section applies in relation to building work if:\n(a) the building work, when complete, is covered by an approved\ninsurance policy against non-compliance with the Regulations;\nand\n(b) an occupancy permit or certificate of substantial compliance is\ngranted for the work after the commencement.\n(2) A reference in the approved insurance policy to the grant of an\noccupancy permit is taken to include a reference to the grant of a\ncertificate of substantial compliance.\n\nBuilding Act 1993 138\n(3) The entitlement to make a claim in relation to the cover provided for\nthe building work takes effect, in accordance with the approved\ninsurance policy, on the grant of the occupancy permit or certificate\nof substantial compliance.\n(4) However, despite anything to the contrary specified in the approved\ninsurance policy, the period of cover for the building work\ncommences on the earlier of the following:\n(a) the day on which the initial building permit granted for the work\nceased to be in force or, if renewed, would have ceased to be\nin force if not for the renewal;\n(b) the day on which all the work essential to the class of the\nbuilding to which the policy relates had been completed, as\ndetermined in writing by a building certifier.\n(5) The approved insurance policy does not cover any building work\nspecified in the initial building permit granted for the work that had\nnot been completed before the day mentioned in subsection (4)(a)\nor (b), as relevant.\n(6) In this section:\napproved insurance policy means an approved policy of\ninsurance issued before 1 January 2013 under section 61 as in\nforce before that date.\n","sortOrder":286},{"sectionNumber":"199","sectionType":"section","heading":"Offences – before and after commencement","content":"199 Offences – before and after commencement\n(1) Sections 38, 42 and 65 and Schedule 3, clause 1, as amended by\nthe amending Act, apply only in relation to offences committed after\n(2) Sections 38, 42 and 65 and Schedule 3, clause 1, as in force before\nthe commencement, continue to apply in relation to offences\ncommitted before the commencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nPart 21 Transitional matters for Building Amendment Act 2022\nBuilding Act 1993 139\nPart 21 Transitional matters for Building Amendment\nAct 2022\n200 Definitions\namending Act means the Building Amendment Act 2022.\ncommencement means the commencement of the amending Act.\n","sortOrder":287},{"sectionNumber":"201","sectionType":"section","heading":"Application of increased inquiry period to building","content":"201 Application of increased inquiry period to building\npractitioners whose registration ceased before\ncommencement\nThe 7 year period to which an inquiry is limited under\nsection 34H(2), as amended by section 4 of the amending Act, also\napplies in relation to a building practitioner who ceased to be\nregistered before the commencement.\n","sortOrder":288},{"sectionNumber":"202","sectionType":"section","heading":"Application of increased amount of civil penalty to","content":"202 Application of increased amount of civil penalty to\nprofessional misconduct engaged in before commencement\nThe maximum civil penalty that may be imposed on a building\npractitioner who is guilty of professional misconduct under\nsection 34T(d), as amended by section 5 of the amending Act, also\napplies in relation to professional misconduct constituted by work\nperformed or conduct engaged in by the practitioner before the\n","sortOrder":289},{"sectionNumber":"203","sectionType":"section","heading":"Application of increased amount of civil penalty to","content":"203 Application of increased amount of civil penalty to\ncontraventions of Commissioner's decision before\ncommencement\nThe maximum civil penalty that may be imposed on a residential\nbuilder under section 34Y(1)(b), as amended by section 6 of the\namending Act, also applies in relation to a residential builder's\ncontravention of a decision that was made by the Commissioner\nbefore the commencement.\n\nPart 22 Transitional matters for Building Legislation Amendment Act 2024\nBuilding Act 1993 140\nPart 22 Transitional matters for Building Legislation\nAmendment Act 2024\n204 Definitions\nIn this Division:\namending Act means the Building Legislation Amendment\nAct 2024.\ncommencement means the day on which section 14 of the\namending Act commences.\nformer Act means this Act as in force immediately before the\n","sortOrder":290},{"sectionNumber":"205","sectionType":"section","heading":"NTCAT review limited to decisions made after commencement","content":"205 NTCAT review limited to decisions made after commencement\nSection 35, as inserted by section 14 of the amending Act, applies\nonly in relation to a reviewable decision that is made after the\n","sortOrder":291},{"sectionNumber":"206","sectionType":"section","heading":"Appeals not commenced before commencement","content":"206 Appeals not commenced before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Local Court against a decision of\nthe Practitioners Board under section 36 of the former Act;\nand\n(b) had not yet commenced an appeal against the decision.\n(2) The person may appeal to the Local Court against the decision in\naccordance with section 36 of the former Act, as if section 14 of the\namending Act had not commenced.\n(3) The Local Court must hear and determine the person's appeal in\naccordance with section 36 of the former Act, as if section 14 of the\namending Act had not commenced.\n\n","sortOrder":292},{"sectionNumber":"Part 22","sectionType":"part","heading":"Transitional matters for Building Legislation Amendment Act 2024","content":"Part 22 Transitional matters for Building Legislation Amendment Act 2024\nBuilding Act 1993 141\n","sortOrder":293},{"sectionNumber":"207","sectionType":"section","heading":"Appeals not determined before commencement","content":"207 Appeals not determined before commencement\n(1) Subsection (2) applies in relation to an appeal to the Local Court\nthat:\n(a) was commenced by a person under section 36 of the former\nAct; and\n(b) had not been finally determined by the Local Court before the\n(2) The Local Court must continue to hear and determine the person's\nappeal in accordance with Part 3, Division 4 of the former Act, as if\nsection 14 of the amending Act had not commenced.\n","sortOrder":294},{"sectionNumber":"208","sectionType":"section","heading":"Commercial building work commenced before commencement","content":"208 Commercial building work commenced before commencement\n(1) This section applies in relation to commercial building work for\nwhich a building permit was granted before the commencement if\nthe building permit was in force immediately before the\n(2) The commercial building work may be carried out in accordance\nwith this Act as if Part 3 of the amending Act had not commenced.\n(3) In this section:\namending Act means the Building Legislation Amendment\nAct 2024.\ncommencement means the day on which Part 3 of the amending\nAct commences.\ncommercial building work means work that is for or in connection\nwith the construction of any of the following:\n(a) a building of Class 1b, 3, 4, 5, 6, 7, 8 or 9;\n(b) a Class 10 building attached to a building referred to in\nparagraph (a) if it is constructed at the same time as that\nbuilding;\n(c) a retaining wall (whenever constructed) that is not attached to\na building referred to in paragraph (a) but on which the\nintegrity of such a building depends.\n\nPart 24 Transitional matter for Building Legislation Amendment (Fidelity Fund) Act\nBuilding Act 1993 142\nPart 23 Transitional matters for Lands, Planning and\nEnvironment Legislation Amendment Act 2025\n209 Application of amendment to section 24D\nThe amendment to section 24D by the Lands, Planning and\nEnvironment Legislation Amendment Act 2025 applies to the grant\nor renewal of a building practitioner's registration after the\ncommencement of section 4 of that Act.\n","sortOrder":295},{"sectionNumber":"Part 24","sectionType":"part","heading":"Transitional matter for Building Legislation","content":"Part 24 Transitional matter for Building Legislation\nAmendment (Fidelity Fund) Act 2025\n","sortOrder":296},{"sectionNumber":"210","sectionType":"section","heading":"Continuation of trustees of approved scheme","content":"210 Continuation of trustees of approved scheme\nThe appointment of a trustee of an approved scheme that is in\neffect immediately before the commencement of the Building\nLegislation Amendment (Fidelity Fund) Act 2025 is taken to be\napproved by the Minister under section 54DBA(2)(a).\n\nBuilding Act 1993 143\nsection 168(2)\n1. Building lines to be fixed for buildings in relation to public roads.\n2. Design and siting of buildings.\n3. Preparation of land for building work.\n4. Fire prevention, fire fighting equipment and precautions.\n5. Classification of buildings and the application of the Regulations to\ndifferent classes of buildings.\n6. Certificates of accreditation for building products, construction\nmethods, designs, components or systems.\n7. Form and contents of plans and specifications for building work.\n8. Structural strength of building work and materials.\n9. Prevention of flooding of buildings and prescribing zones or areas as\nflood prone zones or areas and for the application of provisions of the\nRegulations that provide for reducing the likelihood of damage that may\nbe caused to a building or structure by flooding in a zone or area so\nprescribed.\n10. Moisture resistance of buildings.\n11. Heating, cooling and air conditioning of buildings.\n12. Regulating the manner of alteration and demolition of and additions to\nbuildings.\n13. Occupation of buildings and any change of classification, use and\noccupation of buildings.\n14. Regulating fixtures projecting from buildings and dangers arising out of\nprojections from building work.\n15. Use of public space for building work.\n16. Noise resistant construction of buildings.\n17. Regulating the environmental efficiency of buildings.\n18. Utility, safety and hygiene services located in, or related to, buildings.\n19. Access to and egress from buildings.\n\nBuilding Act 1993 144\n20. The management and use of buildings, places and temporary\nstructures used or proposed to be used for the purposes of public\nassembly.\n20A. The control, regulation and standards for places of public assembly,\ntemporary structures and related building applications.\n21. The issue, duration, revocation and suspension of occupancy\ncertification.\n22. The imposition, variation and rescission of conditions of occupancy\ncertification.\n23. The manner and form of, and the fees payable in connection with,\noccupancy certification and applications for occupancy certification.\n24. The variation of the application of the Regulations to or in respect of the\nholder of occupancy certification or the owner or occupier of a building,\nplace or temporary structure used for public assembly, to which\noccupancy certification relates.\n25. Making, keeping and production of records and returns.\n26. Keeping of registers of occupancy certification.\n27. Building permits.\n28. Proceedings of the Practitioners Board.\n29. Proceedings of the Appeals Board.\n30. Proceedings of the Advisory Committee.\n31. Fees payable for applications, referrals and appeals, and for other\nservices provided and work done by the Director and other persons\nand bodies, under this Act.\n32. Application of fees or a proportion of the fees received by building\ncertifiers or other persons or bodies under the Act, including payment\nof money to the Director to be used for the purposes of the Act.\n33. Procedure for making appeals under the Act or the Regulations.\n34. Requiring public authorities to comply with any or all of the technical\nrequirements of the Regulations.\n35. Provision of copies of reports by reporting authorities and reports by\nsuch authorities.\n\nBuilding Act 1993 145\n36. Requiring, licensing and regulating the erection, maintenance and use\nof hoardings and fences on public places for the protection of the public\nduring building work.\n37. Regulation of the approval, construction and use of temporary\nstructures.\n38. Exemption of persons or classes of persons, or buildings or classes of\nbuildings, or building work or classes of building work, from any or all of\nthe provisions of this Act or the Regulations.\n39. Insurance requirements for persons carrying out building work, building\ncertifiers and other building practitioners.\n39A. Continuing professional development requirements for building\npractitioners.\n40. Procedure for applications, referrals and appeals to the Appeals Board.\n41. The seal of the Appeals Board.\n42. Inspection of registers kept by the Director.\n43. Service of documents under this Act.\n44. The issue of building certificates relating to notices and orders under\nthis Act and the Regulations and ancillary matters.\n45. Fees to be paid for the performance of a function under the Act by the\nDirector including amounts for the recovery of costs incurred in\nperforming the function.\n46. The criteria for establishing the suitability of buildings for occupation.\n47. The type of building work that building practitioners may carry out.\n48. The building work that may only be carried out by building practitioners.\n49. The threshold value for building work that may only be carried out by\nbuilding practitioners.\n50. The threshold value for building work carried out by owner-builders.\n51. The method for determining the value of building work for the purposes\nof this Act.\n53. Exemption certificates.\n54. The making and giving of declarations.\n\nBuilding Act 1993 146\n55. Consumer protection in relation to prescribed residential building work\ncarried out, or to be carried out, by a residential builder in connection\nwith a building owned by a public authority.\n56. Information sharing between persons exercising powers or performing\nfunctions under this Act.\n\nBuilding Act 1993 147\n","sortOrder":297},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Members and procedures of Advisory","content":"Schedule 2 Members and procedures of Advisory\nCommittee, Practitioners Board and Appeals\nBoard\nsections 10,\n13 and 18\n1 Period of appointment\n(1) Subject to this Act, a member holds office until the expiration of\nsuch period, not exceeding 3 years, as is specified in the instrument\nof appointment, but is eligible for re-appointment.\n(2) Where a period of appointment is not specified in the instrument of\nappointment of a member, the member holds office, subject to this\nAct, for 3 years.\n2 Acting appointment\n(1) Where a member is or is expected to be absent from duty or from\nthe Territory, the Minister may appoint a person (with, in the case of\nthe Practitioners Board, the same qualification for appointment as\nthe absent member) to act as the member during the absence.\n(2) The Minister may, at any time, terminate an appointment made\nunder subclause (1).\n(3) The validity of a decision of the Committee or Board must not be\nquestioned in any proceedings on a ground arising from the fact\nthat the occasion for the appointment of a person under\nsubclause (1) had not arisen or that an appointment under\nsubclause (1) had ceased to have effect.\n3 Chairperson and Deputy Chairperson\n(1) In the absence of the Chairperson from the Territory or from duty,\nor when the Chairperson is unable to perform his or her functions,\nthe Deputy Chairperson may exercise the powers and must perform\nthe functions of the Chairperson under this Act.\n(2) Subject to subclause (3), a member elected or appointed as the\nChairperson or Deputy Chairperson, while the person remains a\nmember, holds office for a period not exceeding 3 years and is\neligible for re-election or reappointment.\n\nBuilding Act 1993 148\n(3) The Committee or Board may at any time, by resolution, elect a\nnew Chairperson or Deputy Chairperson and, on the passing of\nsuch a resolution, the person who held the office immediately\nbefore the resolution was passed ceases to hold the office.\n4 Resignation of members\nA member may resign office by writing signed by him or her and\ngiven to the Minister.\n5 Dismissal of members\n(1) The Minister may terminate the appointment of a member for\ninability, inefficiency, misbehaviour or physical or mental incapacity.\n(2) If a member:\n(a) is absent, except by leave of the Committee or Board, from\n3 consecutive meetings of the Committee or Board; or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with his or\nher creditors or makes an assignment of his or her\nremuneration for their benefit;\nthe Minister must terminate the appointment of the member.\n(3) The Minister may terminate the appointment of a member of the\nPractitioners Board who was nominated under section 12B(1) if the\nmember ceases to reside in the Territory.\n(4) The Minister must terminate the appointment of a member of the\nPractitioners Board if:\n(a) the member ceases to be registered in the category of building\npractitioner the interests of which the member was appointed\nto represent; or\n(b) the member is found guilty of professional misconduct under\nsection 34P(1)(a).\n","sortOrder":298},{"sectionNumber":"5A","sectionType":"section","heading":"Member of Practitioners Board must stand aside if subject of","content":"5A Member of Practitioners Board must stand aside if subject of\ninquiry\nA member of the Practitioners Board who is the subject of an\ninquiry under Part 3, Division 3A must stand aside until the inquiry\nis completed and the member has been notified under\nsection 34P(2) of the decision on the inquiry.\n\nBuilding Act 1993 149\n6 Disclosure of interest\n(1) A member who has a direct or indirect pecuniary interest in a matter\nbeing considered or about to be considered by the Committee or\nBoard (otherwise than as a member of, and in common with other\nmembers of, an incorporated company consisting of not less than\n25 persons and of which he or she is not a director), must, as soon\nas possible after the relevant facts have come to the member's\nknowledge, disclose the nature of his or her interest at a meeting of\nthe Committee or Board.\n(2) A disclosure under subsection (1) must be recorded in the minutes\nof the Committee or Board and, unless the Committee or Board\notherwise determines, the member:\n(a) must not, while he or she has that interest, take part after the\ndisclosure in a deliberation or decision of the Committee or\nBoard; and\n(b) must be disregarded for the purpose of constituting a quorum\nof the Committee or Board;\nin relation to the matter.\n(3) For the purpose of the making of a determination under\nsubclause (2) in relation to a member who has made a disclosure\nunder subclause (1), a member who has a direct or indirect\npecuniary interest in the matter to which the disclosure relates must\nnot:\n(a) be present during the deliberations of the Committee or Board\nfor the purpose of making the determination; or\n(b) take part in the making of the determination by the Committee\nor Board.\n7 Meetings of Committee or Board\n(1) The Chairperson must call the meetings of the Committee or Board\nthat are necessary for the exercise of its powers and the\nperformance of its functions.\n(2) The Minister may, at any time, direct the Chairperson to call a\nmeeting of the Committee or Board and the Chairperson must\ncomply with the direction.\n\nBuilding Act 1993 150\n(3) Subject to sections 132 and 133, at a meeting of the Committee or\nBoard:\n(a) in the case of the Practitioners Board and the Advisory\nCommittee, 3 members constitute a quorum; and\n(b) the Chairperson must preside at all meetings at which he or\nshe is present and, in the Chairperson's absence, the Deputy\nChairperson must preside and, in the absence of both the\nChairperson and Deputy Chairperson, the members present\nmay appoint one of those members to preside; and\n(c) questions arising must be determined by a majority of the\nvotes of the members present and voting and, in the event of\nan equality of votes, the member presiding at the meeting has,\nin addition to his or her deliberative vote, a casting vote; and\n(d) subject to this Act, the Committee or Board must determine\nthe procedure to be followed at or in connection with the\nmeeting.\n(4) If the Committee or Board so determines, a member may\nparticipate in, and form part of a quorum at, a meeting of the Board\nby means of:\n(a) telephone; or\n(b) closed circuit television; or\n(c) a prescribed method of communication.\n(5) A member who participates in a meeting as provided by\nsubclause (4) is taken, for the purposes of this Schedule, to be\npresent at the meeting if the member is able to hear and be heard\nby each member taking part in the meeting, including for the\npurposes of being counted towards a quorum at the meeting.\n(6) The Committee or Board must ensure records of its meetings are\nkept.\n8 Confidentiality\nSubject to this Act, the Chairperson, a member or the Registrar of\nthe Committee or Board must not disclose information obtained in\nthe course of his or her duties as Chairperson, member or\nRegistrar, unless the disclosure is made in the course of those\nduties.\nMaximum penalty: 17 penalty units.\n\nBuilding Act 1993 151\n9 Protection of members and Registrar\nNo action or proceeding, civil or criminal, lies against the\nChairperson, a member or the Registrar of the Committee or Board\nfor or in respect of an act or thing done or omitted to be done in\ngood faith by the person in his or her capacity as Chairperson,\nmember or Registrar.\n\nBuilding Act 1993 152\nsections 57, 70(2)(a), 72B(2)(a), 72E(4)(b) and 76C\n1 Agent to be authorised\nA person must not act as an agent of an owner for the purpose of\nmaking an application for a building permit or occupancy\ncertification unless the person is authorised in writing by the owner\nto do so.\n2 Building certifier not required to look beyond apparent\nauthority\nA building certifier is not required to inquire whether an agent who\nmakes an application for a building permit or occupancy certification\npurportedly as the agent of an owner is authorised to do so in\naccordance with this Act.\n3 Form of application\nAn application for a building permit or occupancy certification must\nbe in an approved form, must contain the information required by\nthe form and must be accompanied by the documents, if any,\nprescribed for the purposes of this clause.\n4 Form of building permit or occupancy certification\nA building permit or occupancy certification must be in an approved\nform.\n5 Reporting authorities to be consulted\n(1) Unless otherwise permitted by this Schedule to do so, a building\ncertifier must not decide an application for a building permit or\noccupancy certification required by the Regulations or by or under\nany other Act to be reported on or consented to by a reporting\nauthority unless the report or consent has been obtained and the\nbuilding certifier has been supplied with a copy.\n(2) An applicant for a building permit or occupancy certification must\nnotify the building certifier when the application is made whether the\napplicant has applied or intends to apply for a report or consent\nreferred to in subclause (1) or has such a report or consent.\n\nBuilding Act 1993 153\n6 Applicant may obtain report or consent\n(1) An applicant for a building permit or occupancy certification that\nmust be reported on or consented to by a reporting authority may\nobtain a report or consent from the reporting authority.\n(2) A building certifier need not obtain a report or consent from a\nreporting authority if the applicant notifies the building certifier that\nthe applicant has applied for or intends to apply for the relevant\nreport or consent or the applicant supplies a copy of a relevant\nreport or consent made or given in the 12 months preceding the\napplication.\n(3) An applicant who applies for and obtains a relevant report or\nconsent must supply a copy of it to the building certifier when the\napplication for the building permit or occupancy certification is made\nor within such further time as is prescribed or allowed by the\nbuilding certifier.\n7 Failure of reporting authority to supply report or consent\nA reporting authority is taken to have responded to a request for a\nreport or consent if the response has not been provided to the\napplicant within the prescribed time, and where the request was for\na report, the building certifier is taken to have been supplied with a\ncopy of the report.\n8 Building certifier to consider report\n(1) A building certifier must consider a report of a reporting authority\nsupplied to the building certifier in accordance with this Schedule\nbefore making a decision on the application to which the report\nrelates.\n(2) A building certifier is not required to implement a recommendation\nof a reporting authority's report.\n9 Determination of application\n(1) A building certifier must, within the prescribed time after an\napplication for a building or building permit or occupancy\ncertification (other than a certificate of existence) is made to the\ncertifier:\n(a) grant the permit or certification subject to any reasonable\nconditions the certifier considers appropriate; or\n(b) refuse to grant the permit or certification.\n\nBuilding Act 1993 154\n(2) A building certifier is taken to have refused an application if the\ncertifier has not granted the building permit or occupancy\ncertification within the prescribed time.\n(3) A building certifier must, within the prescribed time after an\napplication for a certificate of existence is made to the certifier,\nmake a recommendation under section 72E.\n(4) The Director must, within the prescribed time after a\nrecommendation is made to the Director under section 72E:\n(a) grant the certificate of existence subject to any reasonable\nconditions the Director considers appropriate; or\n(b) refuse to grant the certificate.\n(5) The Director is taken to have refused an application for a certificate\nof existence if the Director has not granted the certificate within the\nprescribed time.\n(6) A building certifier or the Director must refuse to grant occupancy\ncertification in relation to building work if satisfied that the work\ncontravenes:\n(a) a disability access provision; or\n(b) a requirement of a law in force in the Territory; or\n(c) a consent or approval given under a law in force in the\nTerritory.\n10 Reasons to be given\n(1) A decision maker must notify an applicant for a building permit or\noccupancy certification, in writing, of the following:\n(a) a refusal to grant the permit or certification;\n(b) if the permit or certification is granted subject to conditions –\nthe reasons for the conditions.\n(2) In this clause:\ndecision maker means:\n(a) in relation to an application for the grant of a certificate of\nexistence – the Director; or\n(b) in relation to any other application – the building certifier to\nwhom the application was made.\n\nBuilding Act 1993 155\n11 Approvals where reporting body involved\n(1) If a building certifier grants a building permit or occupancy\ncertification that must be reported on or consented to by a reporting\nauthority, the building certifier must, within 7 days after so doing,\nsend to the reporting authority:\n(a) a copy of the relevant permit or certification; and\n(b) where the grant of the permit or certification differs from or\nfails to require the implementation of a recommendation of the\nreporting authority, a copy of the decision of the building\ncertifier in relation to the report of the reporting authority.\n(2) If the Director grants a certificate of existence that must be reported\non or consented to by a reporting authority, the Director must,\nwithin 7 days after so doing, send to the reporting authority:\n(a) a copy of the certificate; and\n(b) where the grant of the certificate differs from or fails to require\nthe implementation of a recommendation of the reporting\nauthority, a copy of the Director's decision in relation to the\nreport of the reporting authority.\n12 Appeals\n(1) The owner of a building or land on which building work is proposed\nto be carried out, or the owner's agent, may, in accordance with\nPart 11, appeal to the Appeals Board against a refusal of a building\ncertifier to grant, or against a condition imposed on, a building\npermit for the work.\n(2) The owner of a building or land on which building work is carried\nout, or the owner's agent, may, in accordance with Part 11, appeal\nto the Appeals Board against a refusal of a building certifier to\ngrant, or against a condition imposed on, an occupancy permit or\ncertificate of substantial compliance for the work.\n(2A) The owner of a building or the owner's agent may, in accordance\nwith Part 11, appeal to the Appeals Board against a refusal of a\nbuilding certifier to grant, or against a condition imposed on, an\napproval to occupy the building on a temporary basis.\n\nBuilding Act 1993 156\n(2B) The owner of a building or land on which existing building work has\nbeen carried out, or the owner's agent, may, in accordance with\nPart 11, appeal to the Appeals Board against a refusal of the\nDirector to grant, or against a condition imposed on, a certificate of\nexistence.\n(3) For this clause, a refusal to grant a building permit or occupancy\ncertification includes a refusal mentioned in clause 9(2) or (5).\n\nBuilding Act 1993 157\nsection 73B\n1 Prescribed event\nFor section 73C(2), a prescribed event is one of the following\nevents or circumstances:\n(a) the person required to provide the prescribed certification (the\nrelevant person) has:\n(i) died or cannot be found; or\n(ii) become so severely incapacitated that he or she is\nunable to complete the prescribed certification;\n(b) the relevant person (excluding an owner-builder) has become\nbankrupt or insolvent;\n(c) if the relevant person is a building practitioner – the person\nhas ceased to be registered;\n(d) if the relevant person is required to provide the prescribed\ncertification to a building practitioner – the person is\nwithholding the certification because of the bankruptcy or\ninsolvency of the building practitioner;\n(e) the building contract relating to the building work has been\nterminated;\n(f) the prescribed certification has been destroyed or cannot be\nfound.\n2 Entitlement to apply for exemption certificate\nAn owner of land on which building work has been carried out is\nentitled to apply for an exemption certificate only if:\n(a) the building work has actually started to be carried out on the\nland; and\n(b) there is a current building permit for the building work or the\nbuilding permit for the building work has lapsed solely\nbecause of the occurrence of a prescribed event; and\n(c) the owner has taken all reasonable steps to obtain the\nprescribed certification within a reasonable time after the\noccurrence of the prescribed event.\n\nBuilding Act 1993 158\n3 Application for exemption certificate\n(1) An application for an exemption certificate must:\n(a) be in the approved form; and\n(b) describe the building work to which the application applies;\nand\n(c) specify the prescribed certification for which the exemption\ncertificate is required; and\n(d) specify the prescribed event that has occurred and the steps\nthe applicant has taken to obtain the certification; and\n(e) include all the information the form states must be provided.\n(2) No fee is payable for an application for an exemption certificate.\n4 Consideration of application\n(1) In considering an application for an exemption certificate, the\nDirector:\n(a) may require the applicant to provide additional information,\nwhich may include reports by suitably qualified persons about\nthe status of the building work; and\n(b) is not required to obtain information from anyone other than\nthe applicant; and\n(c) if the building permit for the building work has lapsed solely\nbecause of the occurrence of a prescribed event – must notify\nthe applicant of the period of extension of the permit, which\nmay be by reference to a specified date or occurrence (for\nexample, the granting of an occupancy permit).\n(2) The Director may also require the applicant to have any of the\nfollowing carried out by suitably qualified persons:\n(a) site inspections;\n(b) anything that is reasonably necessary to inspect the building\nwork, including demolishing, opening, cutting into and testing\nthe building work;\n(c) remedial building work.\n(3) The applicant is responsible for all expenses incurred in obtaining\ninformation and complying with a requirement under subclause (2).\n\nBuilding Act 1993 159\n5 Determination of application\n(1) In deciding whether to grant or refuse to grant an exemption\ncertificate, the Director must take into account each of the following\nthat is relevant to the building work to which the application relates:\n(a) whether the owner has taken all reasonable steps to obtain\nthe prescribed certification and any other information required\nby the Director;\n(b) the opinions of relevantly qualified persons about the status\nand quality of the building work;\n(c) the mandatory inspection stage the building work had reached\nwhen the prescribed event occurred;\n(d) the stage the building work had reached between mandatory\ninspection stages;\n(e) the certificates or other documents provided to the Director in\nrelation to the stage the building work has reached;\n(f) the status of the building work discovered after inspections\nhave been carried out as required by the Director;\n(g) the status of the building work after remedial work has been\ncarried out as required by the Director;\n(h) if the person who failed to give the prescribed certification is,\nor was, a building practitioner – the past performance of the\nbuilding practitioner;\n(i) whether the owner has complied with all the requirements of\nthe Director;\n(j) any other matters prescribed by regulation.\n(2) The Director may grant an exemption certificate to the applicant\nonly if the Director is satisfied:\n(a) a prescribed event has occurred; and\n(b) the information provided by the applicant, including any\ncertificates and documents relating to inspections and\nremedial work required by the Director under clause 4(2),\nindicates that the work to which the prescribed certification\nwould have related has been carried out materially in\naccordance with the building permit.\n(3) An exemption certificate must not be granted on conditions.\n\nBuilding Act 1993 160\n(4) If the Director decides to refuse to grant an exemption certificate,\nthe Director must give the applicant a notice stating:\n(a) the decision; and\n(b) the reasons for the decision; and\n(c) that the person may appeal to the Appeals Board as specified\nin clause 6.\n6 Appeal against refusal to grant exemption certificate\n(1) An applicant who is given a notice of a decision under clause 5(4)\nmay appeal to the Appeals Board against the decision.\n(2) The appeal must be in accordance with Part 11.\n\nBuilding Act 1993 161\nsection 35\nItem Reviewable decision Affected person\n1 A decision of the Practitioners Board under\nsection 24(1) or (2) to refuse to register an\nbuilding practitioner (other than building\ncontractor)\n2 A decision of the Practitioners Board under\nsection 24(1) or (2) to register an individual\nor a corporation in a category of building\npractitioner (other than building contractor)\non conditions imposed by the Board under\n3 A decision of the Practitioners Board under\nsection 24B(1) or (2) to refuse to register an\n4 A decision of the Practitioners Board under\nsection 24B(1) or (2) to register an\nbuilding contractor on conditions imposed\nby the Board under section 24FAB(1)\n5 A decision of the Practitioners Board under\nsection 24EA(1) or (2) to refuse to renew\nthe registration of a building practitioner\n(other than a building contractor)\n6 A decision of the Practitioners Board under\nsection 24EA(1) or (2) to renew the\nregistration of a building practitioner (other\nthan a building contractor) on conditions\nimposed by the Board under\n7 A decision of the Practitioners Board under\nsection 24F(1) or (2) to refuse to renew the\nregistration of a building contractor\nThe building contractor\n\nBuilding Act 1993 162\n8 A decision of the Practitioners Board under\nsection 24F(1) or (2) to renew the\nregistration of a building contractor on\nconditions imposed by the Board under\nThe building contractor\n9 A decision of the Inquiry Board under\nsection 34P(1)(a) that a building practitioner\nis guilty, or is not guilty, of professional\nmisconduct\nor the Director\n10 A decision of the Inquiry Board under\nsection 34P(1)(b) to take, or to not take, an\naction against a building practitioner under\nsection 34T or 34U\nor the Director\n11 A decision of the Practitioners Board under\nsection 34VA(1) to suspend the registration\nof a building practitioner\n12 A decision of the Practitioners Board under\nsection 34Y(1) or (2) to take an action\nagainst a residential builder\nThe residential builder or\nthe Director\n\nBuilding Act 1993 163\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBuilding Act 1993 (Act No. 29, 1993)\nAssent date 9 July 1993\nCommenced 1 September 1993 (Gaz S72, 1 September 1993)\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 26 June 1995\nCommenced 26 June 1995\nFire and Emergency (Consequential Amendments) Act 1996 (Act No. 15, 1996)\nAssent date 19 April 1996\nCommenced 1 May 1996 (s 2, s 2 Fire and Emergency Act 1996 (Act\nNo. 14, 1996) and Gaz S10, 1 May 1996)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nBuilding Amendment Act 2003 (Act No. 42, 2003)\nAssent date 7 July 2003\nCommenced 24 November 2004 (Gaz G47, 24 November 2004, p 5)\n\nBuilding Act 1993 164\nBuilding Amendment Act 2004 (Act No. 65, 2004)\nAssent date 21 December 2004\nCommenced ss 5(d), 9, 16 – 20, 22 – 29, 33 (to ext ins ss 175, 176 and\n178) and 35: 3 July 2006; ss 17 (to ext ins Part 4C)\nand 21: nc (rep by Act No. 7, 2012); rem: 14 December 2005\n(Gaz G50, 14 December 2005, p 4 and Gaz S15, 3 July 2006,\np 1)\nAmending Legislation\nBuilding Amendment Act 2005 (Act No. 8, 2005)\nAssent date 17 March 2005\nCommenced pts 1 and 3: 17 March 2005; ss 26 and 29(2) and (3):\n3 July 2006; ss 27 and 30: nc; rem: 14 December 2005\n(Gaz G50, 14 December 2005, p 5 and Gaz S15,\n3 July 2006, p 1) (rep by Act No 6, 2016)\nBuilding Amendment (Residential Building Consumer Protection) Act 2012 (Act\nNo. 7, 2012)\nBuilding Amendment Act 2005 (Act No. 8, 2005)\nAssent date 17 March 2005\nCommenced pts 1 and 3: 17 March 2005; ss 26 and 29(2) and (3):\n3 July 2006; ss 27 and 30: nc; rem: 14 December 2005\n(Gaz G50, 14 December 2005, p 5 and Gaz S15, 3 July 2006,\np 1) (rep by Act No 6, 2016)\nProportionate Liability Act 2005 (Act No. 18, 2005)\nAssent date 5 May 2005\nCommenced 1 June 2005 (Gaz S16, 16 May 2005)\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nBuilding Legislation Amendment Act 2010 (Act No. 22, 2010)\nAssent date 30 June 2010\nCommenced 25 August 2010 (Gaz G34, 25 August 2010, p 7)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\n\nBuilding Act 1993 165\nBuilding Amendment (Disability Access and Other Matters) Act 2012 (Act No. 5, 2012)\nCommenced ss 6(1), 7, 10, 15 and amdt to s 54 in sch: nc;\nrem: 1 January 2014 (Gaz S71, 20 December 2013)\nBuilding Amendment (Registration and Other Matters) Act 2012 (Act No. 6, 2012)\nBuilding Amendment (Residential Building Consumer Protection) Act 2012 (Act No. 7,\n2012)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nBuilding Amendment (Occupancy Certification) Act 2016 (Act No. 6, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S32, 29 April 2016, p 1)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nBuilding Amendment Act 2022 (Act No. 17, 2022)\nAssent date 9 August 2022\nCommenced 10 August 2022 (s 2)\nBuilding Legislation Amendment Act 2024 (Act No. 1, 2024)\nAssent date 1 March 2024\nCommenced pts 1 and 2: 15 April 2024 (Gaz G8, 11 April 2024, p 1);\nrem: 15 April 2025 (s 2(3))\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: 6 October 2025 (s 2(2) and Gaz G20, 2 October 2025,\np 1); rem: 13 September 2025 (s 2(1))\nBuilding Legislation Amendment (Fidelity Fund) Act 2025 (Act No. 37, 2025)\nAssent date 5 December 2025\nCommenced 6 December 2025 (s 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n\nBuilding Act 1993 166\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 7, 21A, 54EI, 54F, 54FE,\n117, 153, 163, 173, 174, 175, 176 and 185.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 6, 2012, s 14; No. 6, 2016, s 24\ns 3 amd No. 8, 2005, s 4; No. 65, 2004, s 4; No. 6, 2012, s 14; No. 7, 2012, s 13;\nNo. 6, 2016, s 24\ns 4 amd No. 14, 1995, s 12; No. 42, 2003, s 4; No. 65, 2004, s 5; No. 8, 2005,\nss 5 and 23; No. 25, 2009, s 10; No. 22, 2010, s 4; No. 6, 2012, ss 4 and 14;\nNo. 7, 2012, ss 4 and 13; No. 5, 2012, s 4; No. 19, 2014, s 26; No. 35, 2014,\ns 4; No. 6, 2016, s 4; No. 37, 2025, s 4; No. 3, 2026, s 10\ns 4A ins No. 65, 2004, s 6\ns 6 amd No. 6, 2012, s 14\ns 8 amd No. 8, 2005, ss 6 and 24; No. 6, 2012, s 14; No. 6, 2016, s 24\ns 9 amd No. 6, 2012, s 14\ns 11 amd No. 6, 2012, s 14\ns 12 amd No. 8, 2005, s 7\ns 12A ins No. 8, 2005, s 8\namd No. 7, 2007, s 16; No. 6, 2012, s 14\ns 12B ins No. 8, 2005, s 8\ns 14 amd No. 65, 2004, s 7; No. 8, 2005, s 9; No. 6, 2012, s 14\ns 15 amd No. 14, 1995, s 12\nrep No. 65, 2004, s 8\ns 16 amd No. 6, 2012, s 14; No. 5, 2012, s 5\ns 17 amd No. 6, 2012, s 14\ns 19 amd No. 14, 1995, s 12; No. 22, 2010, s 5; No. 6, 2012, s 14; No. 5, 2012,\ns 6; No. 6, 2016, s 24\npt 2\ndiv 5 hdg sub No. 6, 2012, s 5\ns 20 amd No. 42, 2003, s 5\nsub No. 6, 2012, s 5\ns 20A ins No. 6, 2012, s 5\ns 21 rep No. 42, 2003, s 6\npt 3 hdg sub No. 8, 2005, s 10\npt 3\ndiv 1AA hdg ins No. 8, 2005, s 11\ns 21A ins No. 8, 2005, s 11\ns 21B ins No. 8, 2005, s 11\ns 22 amd No. 65, 2004, s 9; No. 6, 2012, s 14\ns 22A ins No. 6, 2012, s 6\ns 23 amd No. 65, 2004, s 10\ns 24 amd No. 8, 2005, s 12; No. 65, 2004, s 11\namd No. 1, 2024, s 4; No. 25, 2025, s 9\ns 24A ins No. 65, 2004, s 12\namd No. 1, 2024, s 5\n\nBuilding Act 1993 167\ns 24B ins No. 65, 2004, s 12\namd No. 1, 2024, s 6; No. 25, 2025, s 9\ns 24C ins No. 65, 2004, s 12\nrep No. 6, 2012, s 6\ns 24D ins No. 65, 2004, s 12\namd No. 1, 2024, s 7; No. 25, 2025, s 4\ns 24E ins No. 65, 2004, s 12\ns 24EAA ins No. 25, 2025, s 5\namd No. 3, 2026, s 11\ns 24EA ins No. 1, 2024, s 8\namd No. 25, 2025, s 9\ns 24F ins No. 65, 2004, s 12\nsub No. 6, 2012, s 7; No. 1, 2024, s 8\namd No. 25, 2025, s 9\ns 24FA ins No. 65, 2004, s 12\nsub No. 6, 2012, s 7\ns 24FAB ins No. 5, 2012, s 8\ns 24FB ins No. 65, 2004, s 12\namd No. 5, 2012, s 9; No. 1, 2024, s 9\ns 24G ins No. 65, 2004, s 12\nsub No. 6, 2012, s 8\namd No. 1, 2024, s 10; No. 25, 2025, s 9\ns 24H ins No. 65, 2004, s 12\ns 25 amd No. 65, 2004, s 13\nsub No. 6, 2012, s 9\ns 25A ins No. 65, 2004, s 14\nsub No. 6, 2012, s 9\nss 25B – 25C ins No. 6, 2012, s 9\npt 3\ndiv 2 hdg sub No. 8, 2005, s 13\ns 26 amd No. 17, 1996, s 6\nsub No. 8, 2005, s 13\ns 27 sub No. 8, 2005, s 13\ns 28 sub No. 8, 2005, s 13\nss 29 – 32 sub No. 8, 2005, s 13\ns 33 sub No. 8, 2005, s 13\ns 34 sub No. 8, 2005, s 13\npt 3\ndiv 3 hdg sub No. 8, 2005, s 13\ns 34A ins No. 8, 2005, s 13\namd No. 7, 2012, s 13\nss 34B –\n34D ins No. 8, 2005, s 13\ns 34E ins No. 8, 2005, s 13\ns 34F ins No. 8, 2005, s 13\npt 3\ndiv 3A hdg ins No. 8, 2005, s 13\ns 34G ins No. 8, 2005, s 13\n\nBuilding Act 1993 168\ns 34H ins No. 8, 2005, s 13\namd No. 6, 2012, s 14; No. 17, 2022, s 4\ns 34J ins No. 8, 2005, s 13\namd No. 7, 2007, s 16; No. 6, 2012, s 14\nss 34K –\n34M ins No. 8, 2005, s 13\ns 34N ins No. 8, 2005, s 13\namd No. 40, 2010, s 11; No. 6, 2012, s 14\ns 34P ins No. 8, 2005, s 13\namd No. 6, 2012, s 14; No. 1, 2024, s 11\nss 34Q –\n34R ins No. 8, 2005, s 13\npt 3\ndiv 3B hdg ins No. 8, 2005, s 13\nsub No. 6, 2012, s 10\ns 34S ins No. 8, 2005, s 13\ns 34T ins No. 8, 2005, s 13\namd No. 6, 2012, s 14; No. 17, 2022, s 5\nss 34U –\n34V ins No. 8, 2005, s 13\ns 34VA ins No. 65, 2004, s 15\namd No. 1, 2024, s 12\ns 34VB ins No. 65, 2004, s 15\ns 34W ins No. 8, 2005, s 13\npt 3\ndiv 3C hdg ins No. 7, 2012, s 5\ns 34X ins No. 7, 2012, s 5\ns 34Y ins No. 7, 2012, s 5\namd No. 17, 2022, s 6\ns 34Z ins No. 7, 2012, s 5\namd No. 1, 2024, s 13\npt 3\ndiv 4 hdg ins No. 8, 2005, s 13\nsub No. 1, 2024, s 14\ns 35 sub No. 8, 2005, s 13\namd No. 65, 2004, s 15AA; No. 6, 2012, s 14; No. 7, 2012, s 6; No. 5, 2012,\ns 16\nsub No. 1, 2024, s 14\ns 36 sub No. 8, 2005, s 13\namd No. 65, 2004, s 15A; No. 6, 2012, s 14; No. 7, 2012, s 13\nss 36A –\n36B ins No. 8, 2005, s 13\ns 36C ins No. 8, 2005, s 13\ns 36D ins No. 8, 2005, s 13\ns 37 amd No. 6, 2012, s 14\ns 37A ins No. 22, 2010, s 6\ns 38 amd No. 8, 2005, s 25; No. 6, 2012, s 14; No. 6, 2016, s 5\ns 39 amd No. 14, 1995, s 12; No. 6, 2012, s 14\n\nBuilding Act 1993 169\ns 40 sub No. 8, 2005, s 26; No. 65, 2004, s 16\namd No. 22, 2010, s 7; No. 6, 2016, s 24\ns 41 rep No. 42, 2003, s 6\npt 4\ndiv 2 hdg amd No. 6, 2012, s 14\ns 42 amd No. 6, 2012, s 14; No. 6, 2016, s 56\ns 43 amd No. 6, 2012, s 14\ns 45 amd No. 6, 2012, s 14\npt 4\ndiv 3 hdg rep No. 42, 2003, s 6\ns 46 rep No. 42, 2003, s 6\npt 4\ndiv 4 hdg sub No. 6, 2012, s 14\ns 47 amd No. 6, 2012, s 14; No. 6, 2016, s 7\npt 4\ndiv 5 hdg sub No. 6, 2012, s 14\ns 48 amd No. 6, 2012, s 14\npt 4A hdg ins No. 65, 2004, s 17\ns 48A ins No. 65, 2004, s 17\namd No. 6, 2012, s 14; No. 1, 2024, s 28\ns 48B ins No. 65, 2004, s 17\namd No. 6, 2012, s 11\ns 48C ins No. 65, 2004, s 17\nsub No. 22, 2010, s 8\ns 48CA ins No. 22, 2010, s 8\npt 4B hdg ins No. 65, 2004, s 17\ns 48D ins No. 65, 2004, s 17\namd No. 6, 2012, s 14; No. 1, 2024, s 29\nss 48E –\n48F ins No. 65, 2004, s 17\ns 48G ins No. 65, 2004, s 17\nsub No. 22, 2010, s 9\nss 50 – 51 amd No. 6, 2012, s 14\ns 52 amd No. 6, 2012, s 14; No. 25, 2025, s 6\ns 52A ins No. 25, 2025, s 7\nss 53 – 54 amd No. 6, 2012, s 14\npt 5A hdg ins No. 7, 2012, s 7\ndiv 1 hdg ins No. 7, 2012, s 7\nss 54A –\n54AD ins No. 7, 2012, s 7\ndiv 2 hdg ins No. 7, 2012, s 7\nss 54B –\n54BC ins No. 7, 2012, s 7\ndiv 3 hdg ins No. 7, 2012, s 7\nss 54C –\n54CJ ins No. 7, 2012, s 7\ndiv 4 hdg ins No. 7, 2012, s 7\nss 54D –\n54DA ins No. 7, 2012, s 7\n\nBuilding Act 1993 170\ns 54DB ins No. 7, 2012, s 7\namd No. 37, 2025, s 5\ns 54DBA ins No. 37, 2025, s 6\nss 54DC –\n54DD ins No. 7, 2012, s 7\ns 54DE ins No. 7, 2012, s 7\namd No. 37, 2025, s 7\ns 54DF ins No. 7, 2012, s 7\ns 54DFA ins No. 37, 2025, s 8\ndiv 5 hdg ins No. 7, 2012, s 7\nss 54E –\n54EI ins No. 7, 2012, s 7\ndiv 6 hdg ins No. 7, 2012, s 7\nss 54F –\n54FF ins No. 7, 2012, s 7\ns 55 amd No. 6, 2012, s 14\ns 58A ins No. 65, 2004, s 18\npt 6\ndiv 3 hdg sub No. 6, 2012, s 14\ns 59 amd No. 14, 1995, s 12; No. 65, 2004, s 19; No. 6, 2012, s 14; No. 7, 2012,\ns 8; No. 5, 2012, s 11; No. 6, 2016, s 24\ns 60 amd No. 6, 2012, s 14\npt 6\ndiv 4 hdg ins No. 65, 2004, s 20\ns 60A ins No. 65, 2004, s 20\namd No. 6, 2012, s 14; No. 7, 2012, s 9\ns 60B ins No. 65, 2004, s 20\npt 7 hdg sub No. 7, 2012, s 13\ns 61 amd No. 6, 2012, s 14\nrep No. 7, 2012, s 10\ns 62 amd No. 65, 2004, s 22; No. 6, 2012, s 14\ns 63 amd No. 65, 2004, s 23; No. 6, 2012, s 14\ns 64 amd No. 65, 2004, s 24\npt 8 hdg amd No. 6, 2016, s 8\npt 8\ndiv 1 hdg amd No. 6, 2016, s 24\ns 65 amd No. 6, 2012, s 14; No. 6, 2016, s 9\ns 66 amd No. 6, 2012, s 14\npt 8\ndiv 2 hdg amd No. 6, 2016, s 10\ns 67 amd No. 6, 2012, s 14; No. 6, 2016, s 11\ns 68 rep No. 6, 2016, s 12\npt 8\ndiv 3 hdg om No. 6, 2016, s 13\ns 69 amd No. 65, 2004, s 25\nsub No. 22, 2010, s 10\ns 69A ins No. 65, 2004, s 26\nrep No. 6, 2016, s 14\ns 70 amd No. 65, 2004, s 27; No. 6, 2012, s 14; No. 6, 2016, s 15\ns 71 amd No. 65, 2004, s 28; No. 6, 2012, s 14\nrep No. 6, 2016, s 16\ns 72 amd No. 65, 2004, s 29\npt 8\ndiv 2A hdg ins No. 6, 2016, s 17\n\nBuilding Act 1993 171\nss 72A – 72C ins No. 6, 2016, s 17\npt 8\ndiv 3 hdg ins No. 6, 2016, s 17\nss 72D – 72G ins No. 6, 2016, s 17\ns 73 amd No. 6, 2012, s 14\nrep No. 6, 2016, s 18\npt 8\ndiv 3A hdg ins No. 22, 2010, s 11\ns 73A ins No. 22, 2010, s 11\namd No. 6, 2016, s 24\nss 73B –\n73C ins No. 22, 2010, s 11\ns 73D ins No. 22, 2010, s 11\namd No. 6, 2016, s 24\ns 74 amd No. 6, 2012, s 14\ns 75 rep No. 6, 2016, s 18\ns 76 amd No. 6, 2012, s 14\npt 8\ndiv 5 hdg ins No. 6, 2016, s 19\nss 76A – 76D ins No. 6, 2016, s 19\nss 77 – 79 amd No. 6, 2012, s 14\nss 81 – 82 amd No. 6, 2012, s 14\nss 84 – 88 amd No. 6, 2012, s 14\nss 90 – 96 amd No. 6, 2012, s 14\ns 100 amd No. 6, 2012, s 14\nss 102 – 103 amd No. 6, 2012, s 14\nss 105 – 107 amd No. 6, 2012, s 14\ns 108 amd No. 6, 2012, s 14; No. 6, 2016, s 24; No. 3, 2026, s 12\ns 109 amd No. 3, 2026, s 13\ns 110 sub No. 29, 2010, s 4\ns 112 amd No. 6, 2012, s 14; No. 3, 2026, s 14\nss 113 – 116 amd No. 6, 2012, s 14\ns 117 amd No. 15, 1996, s 4\nss 119 – 120 amd No. 6, 2012, s 14\nss 122 – 123 amd No. 6, 2012, s 14\ns 125 amd No. 6, 2012, s 14\nss 127 – 129 amd No. 6, 2012, s 14\npt 10A hdg ins No. 5, 2012, s 12\ndiv 1 hdg ins No. 5, 2012, s 12\nss 129A –\n129C ins No. 5, 2012, s 12\ndiv 2 hdg ins No. 5, 2012, s 12\nss 129D –\n129H ins No. 5, 2012, s 12\ndiv 3 hdg ins No. 5, 2012, s 12\nss 129J –\n129K ins No. 5, 2012, s 12\npt 11 hdg sub No. 5, 2012, s 13\npt 11\ndiv 1 hdg sub No. 5, 2012, s 14\nss 130 – 134 amd No. 6, 2012, s 14\ns 130A ins No. 65, 2004, s 30\npt 11\ndiv 2 hdg sub No. 6, 2012, s 14\nss 135 – 136 amd No. 6, 2012, s 14\n\nBuilding Act 1993 172\nss 138 – 140 amd No. 6, 2012, s 14\ns 144 amd No. 6, 2012, s 14\nss 146 – 147 amd No. 6, 2012, s 14\ns 148 sub No. 40, 2010, s 12\ns 149 amd No. 6, 2012, s 14\ns 150 amd No. 8, 2005, s 14; No. 6, 2012, s 14; No. 8, 2016, s 45\ns 151 amd No. 17, 1996, s 6; No. 6, 2012, s 14\ns 152 amd No. 6, 2012, s 14\ns 153 amd No. 70, 1993, s 8; No. 6, 2012, s 14\nss 154 – 158 rep No. 18, 2005, s 18\ns 160 No. 6, 2016, s 24\ns 162 amd No. 6, 2012, s 14\ns 163 amd No. 50, 1994, s 16; No. 6, 2012, s 14; No. 8, 2016, s 45\nss 164 – 166 amd No. 6, 2012, s 14\ns 166AA ins No. 6, 2016, s 20\ns 166A ins No. 8, 2005, s 19\ns 167 amd No. 6, 2012, s 14\ns 167AA ins No. 8, 2005, s 15\ns 167A ins No. 65, 2004, s 31\ns 167B ins No. 6, 2012, s 12\ns 168 amd No. 6, 2012, s 14; No. 17, 2022, s 7; No. 1, 2024, s 15\npt 15 hdg sub No. 8, 2005, s 20\ns 170 amd No. 6, 2012, s 14; No. 6, 2016, s 21\nss 171 – 172 amd No. 6, 2012, s 14\npt 15A hdg ins No. 8, 2005, s 21\nss 172A –\n172B ins No. 8, 2005, s 21\npt 15C hdg ins No. 8, 2005, s 16\ns 172H ins No. 8, 2005, s 16\npt 16 hdg ins No. 65, 2004, s 33\nss 173 – 174 ins No. 65, 2004, s 33\nss 175 – 176 ins No. 65, 2004, s 33\nss 177 – 178 ins No. 65, 2004, s 33\nrep No. 7, 2012, s 10\ns 179 ins No. 65, 2004, s 33\namd No. 7, 2012, s 13\npt 17 hdg ins No. 22, 2010, s 12\nss 180 –\n182 ins No. 22, 2010, s 12\ns 183 ins No. 22, 2010, s 12\npt 18 hdg ins No. 6, 2012, s 13\nss 184 – 189 ins No. 6, 2012, s 13\npt 19 hdg ins No. 7, 2012, s 11\nss 190 – 193 ins No. 7, 2012, s 11\npt 20 hdg ins No. 6, 2016, s 22\ns 194 ins No. 7, 2012, s 11\nexp No. 7, 2012, s 194(5)\nins No. 6, 2016, s 22\nss 195 – 199 ins No. 6, 2016, s 22\npt 21 hdg ins No. 17, 2022, s 8\nss 200 – 203 ins No. 17, 2022, s 8\npt 22 hdg ins No. 1, 2024, s 16\npt 22\ndiv 1 hdg ins No. 1, 2024, s 16\nss 204 – 207 ins No. 1, 2024, s 16\n\nBuilding Act 1993 173\npt 22\ndiv 2 hdg ins No. 1, 2024, s 30\ns 208 ins No. 1, 2024, s 30\npt 23 hdg ins No. 25, 2025, s 8\ns 209 ins No. 25, 2025, s 8\npt 24 hdg ins No. 37, 2025, s 9\ns 210 ins No. 37, 2025, s 9\nsch 1 amd No. 65, 2004, s 34; No. 8, 2005, s 28; No. 22, 2010, s 13; No. 7, 2012,\ns 12; No. 6, 2016, s 24; No. 1, 2024, s 17\nsch 2 amd No. 14, 1995, s 12; No. 8, 2005, s 17; No. 6, 2012, s 14\nsch 3 amd No. 65, 2004, s 35; No. 6, 2012, s 14; No. 6, 2016, s 23\nsch 4 ins No. 22, 2010, s 14\nsch 5 ins No. 1, 2024, s 18","sortOrder":299}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has substantially expanded in scope since its original 1993 purpose of establishing building standards and a permit system. Significant additions include:\n\n- A comprehensive residential building consumer protection and insurance/fidelity scheme (Part 5A, ss54A–54FF) that creates an approval and prudential regime for insurers and trustee‑run fidelity funds (ss54CA, 54DA–54DE, 54DC). This moves the statute well beyond technical building standards into financial supervision and consumer insurance architecture.\n\n- A detailed, formalised practitioner‑registration, audit and disciplinary framework (Part 3, including audits, inquiries and expanded civil penalties ss34A–34T), increasing regulatory oversight of individual and corporate practitioners.\n\n- New dispute resolution architecture for consumer guarantee disputes (Commissioner role in ss54F–54FC) and expanded ministerial and director discretion over technical adoption of codes, exemptions and approvals (s24G, s52A, s54CG).\n\nThese additions extend the Act from technical building regulation to areas that touch insurance markets, prudential oversight, consumer dispute resolution and more intensive professional regulation — a substantive broadening of scope compared with the Act’s original, narrower technical and permitting focus (objects in s3 were expanded through amendments listed throughout the Act)."},"complexity_factors":["Very large Act: 210+ sections across 24 Parts plus 5 Schedules and many transitional Parts (overall length and breadth).","Extensive interpretation/definitions section with dozens of defined terms used across Parts (s4 plus many Part‑specific definitions).","Multiple decision‑making bodies with overlapping roles (Director, Practitioners Board, Advisory Committee, Appeals Board, Commissioner) and detailed procedure rules (Parts 2, 3, 5A).","Multiple registration routes and conditions for individuals and corporations, including nominee rules and supervisory requirements (ss22–25, 24A–24B, 25A).","Financial‑fitness and insurance regimes for contractors and fidelity schemes: net financial asset requirements, insurance conditions, prudential standards, trustee/auditor/actuary approvals (ss24B, 24F, 25B, 24G, ss54C–54EG).","Layered compliance and enforcement processes: complaint → investigation → audit → inquiry → discipline, with separate routes for consumer disputes under Commissioner (ss26–34F, 34G–34P, 54F–54FC).","Heavy cross‑referencing to Regulations, Ministerial determinations and external codes/standards (s24G, s52, s168) creating conditional logic and external dependencies.","Complex appeals landscape: Appeals Board, Tribunal/NTCAT and historical Local Court transitional arrangements; different processes for disability access decisions (Part 10A; Part 11; s35; transitional sections).","Numerous exceptions, validations and transitional provisions (Parts 15–24) adding nested exceptions and retrospective rules; several provisions expressly save or validate pre‑existing acts (Schedules 3–4, Parts 15–24)."],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Establishes the institutional framework for building regulation in the Northern Territory: a Director of Building Control (s7–8), a Building Practitioners Board (s12–16), a Building Advisory Committee (s9–11) and a Building Appeals Board (s17–19). These bodies register practitioners, decide appeals and give advice (s8, s11, s14, s19).\n\n- Requires registration of people and corporations who call themselves or act as building practitioners (categories in s4A) and sets out how to apply, grant, renew, suspend or cancel registrations (ss22–25, 24, 24A, 24B, 24EA, 24F). Registers must be kept and conditions may be recorded (s16, s24FAB).\n\n- Imposes conduct oversight and enforcement processes for practitioners: complaints, investigations (ss26–34), audits (ss34A–34F), formal inquiries by the Practitioners Board (ss34G–34P) and disciplinary sanctions (ss34S–34T, 34Y). Large civil penalties and suspension/cancellation powers are available (ss34T, 34Y, 34V).\n\n- Controls who may certify and permit building work. Building certifiers (private or the Director when directed) grant building permits and occupancy certification (ss38, 48, 55–59, 65–72). Applications, inspection stages, referral and reporting requirements are set out (Schedule 3; ss62–64).\n\n- Sets technical and safety regulation powers and allows Regulations to adopt external codes and standards (ss49–52, 52A). The Director may make limited determinations about which parts of adopted codes apply (s52A). Accreditation of products/methods is recognised (s53–54).\n\n- Introduces a residential building consumer protection scheme for prescribed residential building work: mandatory consumer guarantees (s54B), compulsory residential building insurance (RBI) issued by approved insurers or, alternatively, fidelity certificates issued under approved fidelity fund schemes (ss54A, 54AC, 54C–54CD, 54D–54DB). The Minister approves insurers and may set directions (s54CA, s54CG). Prudential standards and trustee/auditor/actuary roles for fidelity schemes are provided (ss54DC–54EG).\n\n- Creates a Commissioner of Residential Building Disputes to handle consumer guarantee disputes and technical inspections (ss54F–54FC), and provides for concurrent processes with other courts/tribunals (s54FE).\n\n- Provides enforcement tools for safety and building standard breaches: emergency orders (ss100–106), building notices and orders (ss108–124), powers to carry out works and recover costs (ss101, 121), and a suite of appeal routes (Part 11).\n\n- Regulates interactions between building work and adjoining properties (Part 9, ss77–99): notice rules, protection works, insurance, inspection and compensation.\n\n- Contains civil liability and limitation rules (s153; limitation period 10 years in s160), protections for officials acting in good faith (s153), search and inspection powers for authorised officers (ss162–165), and broad delegated rule‑making powers to make Regulations (s168).\n\n**Who this affects**\n\n- Building practitioners and contractors (individuals and corporations): registration, renewal, supervision, insurance and net financial asset requirements, audit and disciplinary exposure (ss22–25, 24B, 24EA, 24F, 25B, 24G).\n- Building certifiers and anyone who issues permits or inspection certificates (ss38, 42, 63).\n- Owners, owner‑builders and developers: permit, notification and occupancy certification obligations; where residential work is affected, rights under consumer guarantees and entitlements to make claims under RBI or fidelity certificates (ss48D–48G, 54B, 54AC, 54FC).\n- Approved insurers and trustees of fidelity schemes: must meet approval criteria, prudential standards, reporting and allow ministerial oversight (ss54CA, 54DB, 54DC, 54DE).\n- Adjoining property owners: statutory protection works, notice and compensation rights (Part 9).\n- Government decision‑makers (Minister, Director, Boards) who gain significant discretion to set qualifications, insurance types and prudential criteria (s24G, s54CG, s54DC).\n\n**Why it matters (official rationale and a quick test against trade‑offs and incentives)**\n\nOfficially the Act aims to establish and improve building standards, enable national uniformity, protect consumers of residential building work, and provide effective permit, certification and dispute resolution systems (objects s3).\n\nTesting the Act's mechanisms against costs, incentives and risks:\n\n- Who pays: compliance costs fall mainly on building practitioners and contractors (registration fees, continuing professional development, insurance premiums, net financial asset requirements) — see registration and renewal criteria (ss24, 24B, 24EA, 24F, 24G, 25B, 25C). Approved insurers and fidelity‑scheme trustees bear prudential and reporting costs (ss54DB, 54DC, 54CE, 54ED). Owners pay for protection works, insurance to cover adjoining property risk and for rectifications required by orders (ss91, 98, 121).\n\n- Who decides: the Minister and Director have broad operational discretion (s20, s20A, s24G, s48, s54CG). The Practitioners Board and Appeals Board have decision‑making and disciplinary authority (ss14, 19, 34P, 137). Many technical details are left to Regulations (s168).\n\n- Incentives and behavioural effects: registration, insurance requirements and disciplinary risk make it more expensive to enter and remain in practice; they create incentives for higher compliance and professional conduct but also raise marginal cost of smaller operators which may reduce competition in some sub‑markets (s24B cf. Schedule 1 items 47–51 on types/thresholds). Requiring RBI or fidelity certificates before taking payment on residential contracts (s54AC) protects consumers but will typically increase builders’ costs which may be passed to buyers.\n\n- Concentrated benefits and concentrated costs: approvals and accreditation powers (s53, s54CA, s54DB) create a market for approved insurers and trustees; that market benefit is concentrated among approved providers while compliance costs are widely distributed across many builders. The Act places significant discretionary influence with Minister and Director to set criteria (s24G, s54CG) — a locus for regulatory influence by interested parties.\n\n- Trade‑offs and opportunity costs: stronger consumer protection and accreditation reduce consumer risk and may lower long‑term litigation costs, but they impose ongoing administrative and financial burdens on practitioners and insurers and require government capacity to police compliance (Director’s investigative/audit powers s8, ss26–34A). The creation of fidelity funds with prudential standards transfers some risk from statutory insurance markets to trustee‑run schemes but requires supervisory resources (ss54DA–54DE, 54DC).\n\n- Implementation and compliance risk: many operational details are left to Regulations, Ministerial determinations and prudential standards (s24G, s168, s54DC). That requires regulatory capacity and creates potential for delay, inconsistent application or political influence in technical decisions.\n\n- Legal and market consequences of enforcement powers: the Act provides strong enforcement (criminal and civil penalties, emergency and building orders, s100–124, s34T, s34Y). These tools can deter unsafe practice but also expose practitioners and owners to significant financial risk and legal proceedings.\n\n**Key cross‑references (examples)**\n\n- Registration and conditions: ss24, 24B, 24EA, 24F, 24FAB, 24G.\n- Investigations/audits/inquiries and discipline: ss26–34F, 34G–34P, 34S–34T, 34Y.\n- Residential consumer protection and RBI/fidelity schemes: ss54A–54FF (notably ss54AC, 54C, 54CB–54CD, 54D, 54DA–54DE).\n- Building permits, inspections and occupancy: ss55–59, 62–64, 65–72, Schedule 3.\n- Director/Minister discretion and delegations: ss8, 20, 20A, 24G, 48, 54CG, 168.\n\n**Practical takeaways (plain terms)**\n\n- If you build, certify, manage or finance building work in the Territory you operate inside a tightly regulated system: registration, insurance, audits and possible disciplinary action are core operating requirements (see Parts 3, 4, 5A).\n- Residential builders must ensure RBI cover or an approved fidelity certificate before taking payment (s54AC) and owners have statutory consumer guarantees (s54B) and a specialized dispute mechanism (ss54F–54FC).\n- Many important technical and procedural details will be in Regulations, Ministerial determinations and prudential standards — these are the rules that implement the Act and will materially affect costs and compliance.\n\n(References in parentheses are to the sections cited.)"},"kimi_summary":{"_metrics":{"completionTokens":894},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1993 scope. Major additions include: Part 4A (building contractors, 2004), Part 4B (owner-builders, 2004), Part 5A (residential consumer protection with insurance/fidelity schemes, 2012), Part 10A (disability access decisions, 2012), and extensive transitional machinery for amending Acts. The original focus on technical standards and permits has grown to encompass complex financial regulation (prudential standards for fidelity funds), consumer protection guarantees, and national disability access compliance."},"complexity_factors":["Length: 173 pages with 24 Parts, multiple Divisions, and 5 Schedules","47 defined terms in section 4 alone, with category-specific definitions throughout","Extensive cross-referencing between Parts (e.g., Part 3 practitioner rules interact with Parts 4A, 4B, 5A, 8, 10)","Nested conditional logic: registration requirements vary by practitioner category (building contractor vs. other), with sub-categories and corporate nominee rules","Multiple overlapping regulatory schemes: registration, insurance/fidelity funds, consumer guarantees, prudential standards, and transitional provisions for 10+ amending Acts","22 separate transitional Parts (15-24) with complex savings provisions and retrospective validations","Conditional exceptions: disability access decisions (Part 10A), exemption certificates (Schedule 4), emergency procedures (Part 10)","Delegated legislation framework: extensive regulation-making powers with 56 specific matters listed in Schedule 1","Multiple review pathways: Tribunal review (section 35), Appeals Board (Part 11), and Commissioner disputes (Part 5A Division 6)","Temporal complexity: 10-year limitation period (section 160) with cause of action accruing on occupancy certification or first occupation"],"plain_english_summary":"This is the **Northern Territory Building Act 1993**, a comprehensive law that sets the rules for building construction, safety, and professional standards in the NT.\n\n**What it does:**\n\n- **Sets building standards** – Establishes technical requirements for construction, safety, fire prevention, and accessibility (including disability access provisions).\n\n- **Regulates building practitioners** – Requires builders, architects, engineers, plumbers, and certifiers to **register** with the Building Practitioners Board. The Board can investigate complaints, hold public inquiries, and discipline practitioners for professional misconduct (including fines up to 800 penalty units, suspension, or cancellation of registration).\n\n- **Controls building permits and occupancy** – You need a **building permit** before starting construction, and **occupancy certification** before using a building. There are different types: occupancy permits, certificates of substantial compliance (for older buildings), and certificates of existence (for work done before this Act).\n\n- **Protects consumers in residential building** – Introduces **consumer guarantees** for home building work (proper workmanship, suitable materials, completion on time). Requires **residential building insurance** or **fidelity certificates** to protect homeowners if builders go bust or disappear. Creates a **Commissioner of Residential Building Disputes** to resolve complaints.\n\n- **Protects adjoining properties** – Requires builders to notify neighbours and carry out **protection works** (like retaining walls) to prevent damage. Neighbours can appeal to the Building Appeals Board if they disagree.\n\n- **Creates appeal mechanisms** – The **Building Appeals Board** hears disputes about regulations, permits, and protection works. The **Civil and Administrative Tribunal** reviews decisions by the Practitioners Board.\n\n- **Enforces safety** – The Director of Building Control can issue **emergency orders** (evacuation, stop-work) and **building orders** to fix hazards. Police can assist.\n\n**Who it affects:**\n- Homeowners and owner-builders\n- Registered builders, contractors, and certifiers\n- Developers and corporations doing building work\n- Neighbours of construction sites\n- Insurance companies and fidelity fund trustees\n\n**Why it matters:**\nIt ensures buildings are safe, builders are competent and accountable, and homeowners have financial protection if things go wrong. It balances national standards with local flexibility and provides clear pathways to resolve disputes."}},"importantCases":[],"_links":{"self":"/api/acts/building-act-1993","history":"/api/acts/building-act-1993/history","analysis":"/api/acts/building-act-1993/analysis","conflicts":"/api/acts/building-act-1993/conflicts","importantCases":"/api/acts/building-act-1993/important-cases","documents":"/api/acts/building-act-1993/documents"}}