{"id":"a-2004-11","name":"Building Act 2004","slug":"building-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"11 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23172,"registerId":"act-a-2004-11-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Building Act 2004.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘occupation class—see the\nConstruction Occupations (Licensing) Act 2004, dictionary.’ means that\nthe expression ‘occupation class’ is defined in that dictionary and the\ndefinition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of building work","content":"6 Meaning of building work\nbuilding work means—\n(a) work in relation to the erection, alteration or demolition of a\nbuilding, and includes disposal of waste materials generated—\n(i) by the alteration of a building other than a building\nexcluded under the regulations; or\n(ii) by the demolition of a building (but not part of the\nbuilding); or\n(b) work in relation to repairs of a structural nature to a building.\nNote Building work, for pt 6 (Residential buildings—statutory warranties,\nstandard conditions, insurance and fidelity certificates) does not include\nwork in relation to the demolition of a whole building (see s 84).\n(2) The regulations may—\n(a) exempt a kind of work from the definition of building work; or\n(b) include a kind of work in the definition of building work.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of building","content":"7 Meaning of building\nbuilding includes—\n(a) a structure on or attached to land; and\n(b) an addition to a building; and\n(c) a structure attached to a building; and\n(d) fixtures; and\n\n(e) part of a building, whether the building is completed or not.\nExample of part of building\nfootings poured for a building that is being built\n(2) However, building does not include—\n(a) a vehicle or craft that is not used or adapted for use as a class of\nbuilding or structure classified under the building code; or\n(b) a transportable building, mobile home, caravan or similar that—\n(i) is not used for long-term habitation; and\n(ii) is readily transportable without being disassembled or\nremoved from associated components including a footing,\npier, stump, rigid annexe or an attached building or similar;\nor\n(c) if on the ground and not inside a building—paving, a driveway\nor a road; or\n(d) a surface-level carpark that is not inside a building; or\n(e) a ground treatment; or\n(f) vegetation; or\n(g) ground excavations or fillings; or\n(h) fittings, other than fittings included in a building—\n(i) to make the building comply with the building code; or\n(ii) that cause the building to not comply with the building\ncode; or\n(i) fixtures that are not integral to the building, but are fixed to the\nbuilding to prevent theft or for some other reason not related to\nthe building; or\n\n(j) something exempted under the regulations.\nExamples—par (h)\n1 An existing house was built when there was no requirement for the house\nto satisfy any energy efficiency requirements or thermal insulation\nrequirements. Bulk thermal insulation batts are included in an extension\nto the house to comply with the building code’s energy efficiency\nprovisions which apply to the extension. The opportunity is taken to\ninclude batts in the ceiling of the existing house. The batts sit loosely on\nthe ceiling and are not fixed to the building.\nThe batts are part of the extension, because they are regulated under the\nbuilding code for the extension. However, they are not part of the\nexisting house, because they are not fixtures, and are not regulated under\nthe building code in relation to the existing house, unless they are\nneeded in the existing house to make the extension comply with the\nbuilding code.\n","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Some light fittings in an office building are fitted with energy efficient","content":"2 Some light fittings in an office building are fitted with energy efficient\nlamps to comply with the energy efficiency provisions of the building\ncode. The lamps are part of the building. However, other lamps that are\nnot relied on to comply with the building code are not part of the building\nunless another provision brings them within the definition of building\nfor the Act.\n3 An office building has cubicles that are not fixed to the building. The\ncubicles have partition walls, are part of the fit-out for the building and\nare shown in the building approval. Some cubicles are placed where\nthey obstruct a fire evacuation path in a way that prevents compliance\nwith the building code. Those cubicles are part of the building. The\nothers are not unless another provision brings them within the definition\nof building for the Act.\n4 A warehouse is being extended. The warehouse stores furniture. Some\npartitions for cubicles stored in the warehouse impede fire evacuation\npaths relied on for the extension to comply with the fire evacuation\nprovisions of the building code. The partitions cause the extension to\nnot comply with the building code. The partitions are stored goods and\nnot fittings, so they are not part of the building unless another provision\nof the Act brings them within the definition of building for the Act.\n\n5 An apartment building has a surface-level carpark, part of which is\nbelow the apartments and part of which is adjacent to the building with\nno building above, below or within it. The part of the surface-level\ncarpark below the apartments is part of the building or a separate\nbuilding, depending on the building code. The other part of the carpark\nis not part of the building unless another provision of the Act brings it\nwithin the definition of building for the Act.\n6 A concrete floor slab for a home is being poured together with a floor\nslab for a garage and a surface-level driveway to the garage. The floor\nslabs are parts of the building. The surface-level driveway is not part of\nthe building unless another provision of the Act brings it within the\ndefinition of building for the Act.\n(3) To remove any doubt, something is not excluded from the definition\nof building only because it is temporary or novel.\na building used in connection with a fair, circus, carnival, celebration, market,\nshow, concert, display, exhibition, competition, training event, recreational event\nor publicity event is not excluded on the basis of its temporary or novel nature\n","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Meaning of site work","content":"7A Meaning of site work\nsite work is development that is—\n(a) building work; and\n(b) work other than building work that—\n(i) physically affects the place (the building site) where the\nbuilding work is being carried out; and\n(ii) if not carried out at the building site, is carried out near,\nand connected with, the building site.\nExamples of site work\n1 putting up temporary fencing to protect trees growing on a road verge\n2 building a house\n3 damaging or removing a significant tree\n4 laying paving for driveways and parking areas\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of structure","content":"8 Meaning of structure\nstructure includes—\n(a) a fence, retaining wall, swimming pool, ornamental pond, mast,\nantenna, aerial, advertising device, notice or sign; and\n(b) a thing prescribed under the regulations as a structure.\n(2) However, structure does not include something that is part of a\nmachine or mechanical plant unless it is—\n(a) part of something classified as a building or structure by the\nbuilding code; or\n(b) prescribed under the regulations for this section.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of specialist building work","content":"9 Meaning of specialist building work\nspecialist building work—\n(a) means—\n(i) the installation of a swimming pool; or\n(ii) the demolition of a building; and\n(b) includes building work prescribed under the regulations as\nspecialist building work.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of basic building work","content":"10 Meaning of basic building work\nbasic building work—\n(a) means the following building work:\n(i) erecting a prefabricated class 10a building;\n\n(ii) erecting a class 10a outbuilding;\n(iii) installing fireplaces or solid-fuel heaters;\n(iv) non-structural work; but\n(b) does not include specialist building work.\n(2) In subsection (1):\nnon-structural work—\n(a) means work on a part of a building that does not, or is not\nintended to, carry a structural load imposed or transmitted by\nanother part of a building; and\n(b) includes work on non-load bearing walls, doors, partitioning,\nreticulated pipework, ventilation ductwork and building fit-out\nitems; but\n(c) does not include the following work:\n(i) work that may affect the structural integrity of a structural\nelement of a building, or weaken or remove, completely or\npartly, the structural element, if the element is installed in\na way that it carries, or can carry, a load of part of a\nbuilding;\n(ii) work that involves the use of a structural element to carry,\nor to possibly carry, a structural load of part of a building.\nExample for par (c) (i)\nwork that affects the existing bracing beams on a multi-storey car park\nif the bracing beams are designed to bear wind load, even though most\nof the time they do not carry any load\nExamples for par (c) (ii)\n1 the installation of a new storey on a building\n2 underpinning a subsiding building\n\n(3) The regulations may—\n(a) exempt a kind of work from the definition of basic building\nwork; or\n(b) include a kind of work in the definition of basic building work.\n","sortOrder":10},{"sectionNumber":"10B","sectionType":"section","heading":"Meaning of disturbs friable asbestos","content":"10B Meaning of disturbs friable asbestos\nFor this Act, work disturbs friable asbestos if the work increases, or\nmay significantly increase, the risk of the dispersal of asbestos fibres\ninto the air.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Act does not affect other ACT laws","content":"11 Act does not affect other ACT laws\nThis Act does not affect the operation of any other law in force in the\nACT relating to land use or to the provision of services for a building.\nExample of related laws not affected\nElectricity Safety Act 1971\nScaffolding and Lifts Act 1912\nUtilities Act 2000\nWater and Sewerage Act 2000\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Exempt buildings","content":"12 Exempt buildings\nexempt building means a building prescribed under the regulations.\nNote 1 Exempt building is used to narrow the application of pt 3, pt 5 and pt 6.\nNote 2 A regulation may also exempt a building from the application of this Act\nor a part of the Act (see s 152 (2)).\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Purpose of exemption assessment B notices","content":"13 Purpose of exemption assessment B notices\n(1) An exemption assessment may relate to building work that is to be\ndone or has been done.\n(2) An exemption assessment B notice in relation to building work that\nis to be done certifies that the work is, or is not, exempt from all or\npart of this Act.\nNote If an exemption assessment B notice certifies that building work is\nexempt from all or part of this Act, it must also state what provisions of\nthis Act the building work is exempt from and why, and anything else\nprescribed by regulation (see s 14B (2)).\n(3) An exemption assessment B notice in relation to building work that\nhas been done certifies that the work is, or is not, exempt from all or\npart of this Act based on whether the work was exempt at the time it\nwas done, or is currently exempt.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Exemption assessment applications","content":"14 Exemption assessment applications\n(1) The owner of a parcel of land may apply, in writing, to a building\nsurveyor for an assessment (an exemption assessment) of whether\nbuilding work to be carried out, or carried out, on the parcel of land\nis exempt from all or part of this Act.\nNote 1 Building work may be exempt from all or part of this Act if the work is\nexempt from this Act, or part of this Act. For exempt buildings and\nbuilding works, see the Building (General) Regulation 2008, s 6, s 7 and\nsch 1.\nNote 2 Applying for an exemption assessment is not a requirement of the\nbuilding approval or development approval process (see s 14A and\nPlanning Act 2023, s 150). If a person believes that building work is\nexempt, the person need not apply for an exemption assessment from a\nbuilding surveyor.\n(2) The application must be accompanied by the number of copies of the\nplans relating to the development work prescribed by regulation.\n\n(3) The application must contain, or be accompanied by, any other details\nor material prescribed by regulation.\n(a) information required to be shown in plans under subsection (2);\nand\n(b) requirements with which the plans must comply.\n","sortOrder":15},{"sectionNumber":"14A","sectionType":"section","heading":"Exemption assessment not required for building approval","content":"14A Exemption assessment not required for building approval\n(1) An exemption assessment is not a requirement of the building\napproval process.\n(2) A building surveyor may issue an exemption assessment B notice to\nthe owner of a parcel of land only if the owner has applied to the\nbuilding surveyor for an exemption assessment.\n(3) A building surveyor must not refuse to issue a building approval on\nthe ground that the applicant for the approval has not applied for an\nexemption assessment B notice.\n","sortOrder":16},{"sectionNumber":"14B","sectionType":"section","heading":"Exemption assessments and notices","content":"14B Exemption assessments and notices\n(a) the owner of a parcel of land applies to a building surveyor for\nan exemption assessment under section 14; and\n(b) the building surveyor agrees to provide the exemption\nassessment.\n(2) The building surveyor must—\n(a) undertake the exemption assessment; and\n(b) issue a notice (an exemption assessment B notice) stating—\n(i) if any building work is exempt from all or part of this Act—\n(A) the building work that is exempt; and\n\n(B) the provisions of this Act that the building work is\nexempt from and why; and\nNote For building work that is completed, see also s (4).\n(ii) any building work that is not exempt from any part of this\nAct; and\n(iii) anything else prescribed by regulation; and\nNote The building surveyor may refuse to issue a notice if the building\nsurveyor does not have enough information (see s 14E).\n(c) give the exemption assessment B notice to the owner; and\n(d) within 5 days after the day the building surveyor issues the\nnotice—give a copy of the notice to the construction\noccupations registrar.\n(3) A regulation may prescribe—\n(a) any document that must be attached to the exemption\nassessment B notice; and\n(b) information required to be shown in the document.\n(4) If the building work that is the subject of the application has been\ncompleted and the building surveyor certifies that the building work\nis exempt because the building work was exempt when carried out,\nthe exemption assessment B notice must also include the dates on\nwhich the building surveyor has based the assessment that the\nbuilding work was exempt.\n(5) If, after taking reasonable steps, the owner cannot find a building\nsurveyor who will agree to provide an exemption assessment, the\nowner may apply to the construction occupations registrar to appoint\na building surveyor to undertake the exemption assessment and issue\nan exemption assessment B notice to the owner.\n\n","sortOrder":17},{"sectionNumber":"14C","sectionType":"section","heading":"Exemption assessment applications—request for further","content":"14C Exemption assessment applications—request for further\n(a) a building surveyor requires further information for an\nexemption assessment under section 14B; and\n(b) the owner of the parcel of land and the building surveyor have\nnot agreed that the building surveyor will obtain the further\ninformation; and\n(c) the building surveyor believes on reasonable grounds that the\nfurther information will help the building surveyor to prepare\nthe assessment.\n(2) The building surveyor may, by written notice, ask the owner to give\nthe building surveyor stated further information in relation to the\napplication.\n(3) This section does not entitle a building surveyor to require—\n(a) photographs to be taken by someone other than the owner of the\nparcel of land; or\n(b) photographs to be taken using equipment other than equipment\nof the owner’s choice; or\n(i) the building surveyor has, or has reasonable access to,\nsuitable information that allows the building surveyor to\ndecide the application without personally inspecting the\nland where the building work is to be carried out; or\n\n(ii) a territory law requires the building surveyor to personally\nobtain or be given the information.\nExamples—suitable information building surveyor has or has reasonable\naccess to\n1 The website www.actmapi.act.gov.au provides aerial photographs and\ntopographical information including ground contours for some ACT areas. If\nthe land to which an application relates is covered by the website, the\nphotographs and contours have sufficient information, and are accurate and\nrecent enough, to decide the application in relation to tree and ground-height\nrelated matters, the building surveyor may not require further information or\ndocuments by way of photographs or topographical information in relation to\ntrees and ground heights.\n2 A building surveyor may verify land tenure and permit and statutory approval\nmatters by contacting the statutory custodians of the information to a sufficient\ndegree to decide the application in relation to those matters. The building\nsurveyor may not require further information in relation to those matters.\n3 The land to which an application relates is covered by\nwww.actmapi.act.gov.au but, because the slope of the land to be built on is\nsteeper than would be adequately shown on the website, the building surveyor\ndoes not have suitable information to allow the building surveyor to decide the\napplication without personally inspecting the land. Another website has some\ntopographical information on the land, but it is not of sufficient resolution, or\nrecent enough, to be relied on by the building surveyor in relation to ground\nheights to decide the application. The building surveyor may require further\ninformation in relation to ground heights.\n(4) For this section, a building surveyor that is a partnership inspects land\n","sortOrder":18},{"sectionNumber":"14D","sectionType":"section","heading":"Exemption assessment applications—contents of request","content":"14D Exemption assessment applications—contents of request\nfor further information\n(1) A request under section 14C must—\n\n(c) state that the owner need not provide the further information, but\nif the owner fails to provide some or all of the information in\naccordance with the request, the building surveyor may refuse\nunder section 14E to issue an exemption assessment B notice;\nand\n(d) state that, despite the owner and building surveyor having\npreviously not agreed that the building surveyor would obtain\nthe further information, the owner and building surveyor may\nagree that the building surveyor will obtain the information.\n(3) The building surveyor may, on application before the end of the\nperiod stated under subsection (1) (a), extend the period within which\nthe further information must be provided once only, for a period not\nlonger than 20 working days.\n","sortOrder":19},{"sectionNumber":"14E","sectionType":"section","heading":"Exemption assessment applications—effect of failure to","content":"14E Exemption assessment applications—effect of failure to\nprovide further information\n(a) a building surveyor has asked for further information under\nsection 14C in relation to an exemption assessment application;\nand\n(b) the owner has not provided some or all of the information by—\n(i) the end of the period stated in the request; or\n(ii) if the building surveyor has extended the period within\nwhich the further information must be provided—the end\nof that period; and\n(c) the owner and the building surveyor have not agreed that the\nbuilding surveyor will obtain the further information.\n\n(2) The building surveyor may refuse to issue an exemption assessment\nB notice under section 14B.\n\nNote This division applies to building work and other site work.\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Definitions for div 3.2","content":"17 Definitions for div 3.2\ncertifier does not include government certifier.\neligible entity, for building work—see section 18.\ngovernment certifier, for building work, means an entity that is\nappointed under section 20 (4) for the work.\n","sortOrder":21},{"sectionNumber":"17A","sectionType":"section","heading":"Certifier—functions","content":"17A Certifier—functions\nA certifier appointed for building work or proposed building work\nhas the following functions in relation to the work:\n(a) receiving and deciding an application from a land owner for—\n(i) building approvals for the work; and\n(ii) amendments to building approvals for the work;\n(b) for building work on buildings other than class 1, class 10a or\nclass 10b buildings—stating in the relevant building approval\nthe structural framework, the placement of formwork and the\nsteel reinforcing for any reinforced concrete member that will\nrequire inspection before proceeding beyond that stage;\n(c) receiving and deciding an application from a building licensee\nfor a commencement notice for the work;\n\n(d) inspecting building work at prescribed stages, and stages stated\nin a building approval, to determine compliance with this Act,\nincluding the following:\n(i) requesting and verifying records of tests for the building\nwork;\n(ii) if building work does not comply with this Act—giving the\nbuilding licensee notice of the noncompliance and\ndirections on how to achieve compliance;\n(iii) giving directions about safety precautions to the building\nlicensee if required;\n(iv) authorising building work to proceed beyond a stage if\nappropriate;\n(v) providing advice to the construction occupations registrar\nabout the completeness of building work and compliance\nwith this Act;\n(e) notifying the construction occupations registrar about\ncontraventions or suspected contraventions of this Act;\n(f) issuing stop notices if appropriate;\n(g) giving building licensees directions about safety precautions;\n(h) telling the territory planning authority if the certifier suspects\nthere is non-compliant site work;\n(i) maintaining documents, records and information in relation to\nbuilding approvals, stage inspections, directions, notices and\nother matters as required under the following:\n(i) this Act;\n(ii) a code of practice under this Act;\n(iii) a code of practice under the Construction Occupations\n(Licensing) Act 2004;\n\n(j) any other function under this Act or prescribed by regulation.\nNote 1 Eligibility criteria for appointment of certifiers and suspension and\nending appointments are set out in this division and the regulation.\nNote 2 Power to make a decision includes power to reverse or change the\ndecision (see Legislation Act, s 180).\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Eligibility for appointment—certifiers and government","content":"18 Eligibility for appointment—certifiers and government\ncertifiers\nA licensed construction practitioner (an eligible entity) is eligible to\nbe appointed certifier or government certifier for building work if the\nconstruction practitioner—\n(a) is entitled under the Construction Occupations (Licensing)\nAct 2004 to perform services as certifier for the work; and\n(b) is qualified under the regulations to be appointed for the work.\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Appointment of certifiers—work not begun","content":"19 Appointment of certifiers—work not begun\n(1) The owner of land where it is proposed to carry out building work\nmust appoint an eligible entity as certifier for the work.\n(2) This section does not apply to building work that is exempt from the\nfollowing provisions:\n(a) division 3.2 (Certifiers and government certifiers);\n(b) division 3.3 (Building approvals);\n(c) division 3.4 (Building commencement notices and building\nwork signs);\n(d) section 43 (Stages of building work).\n\n","sortOrder":24},{"sectionNumber":"19A","sectionType":"section","heading":"Appointment of certifiers—work begun","content":"19A Appointment of certifiers—work begun\n(a) building work has begun on a parcel of land; and\n(b) the building work has been carried out in accordance with this\npart; and\n(c) the building work is not building work that is exempt from the\nfollowing provisions:\n(i) division 3.2 (Certifiers and government certifiers);\n(ii) division 3.3 (Building approvals);\n(iii) division 3.4 (Building commencement notices and\nbuilding work signs);\n(iv) section 43 (Stages of building work).\n(2) The owner of land must appoint an eligible entity as certifier for the\n","sortOrder":25},{"sectionNumber":"19B","sectionType":"section","heading":"Automatic suspension","content":"19B Automatic suspension\nAn entity’s appointment as certifier is suspended if the entity stops\nbeing an eligible entity.\n","sortOrder":26},{"sectionNumber":"19C","sectionType":"section","heading":"Ending suspensions","content":"19C Ending suspensions\n(1) This section applies if an entity’s appointment as certifier is\nsuspended.\n(2) The entity’s suspension ends when—\n(a) the entity becomes an eligible entity; or\n(b) the entity’s appointment as a certifier ends.\n\n","sortOrder":27},{"sectionNumber":"19D","sectionType":"section","heading":"Ending appointments","content":"19D Ending appointments\n(1) An entity’s appointment as certifier for building work on land ends\nif—\n(a) the owner of the land revokes the appointment by written notice\ngiven to the entity; or\n(b) the entity resigns the appointment; or\n(c) the entity’s appointment has been suspended for a single period\nof 3 months or longer; or\n(d) each of the following apply:\n(i) a certificate under part 5 (Building occupancy) is issued for\nthe building work;\n(ii) the certificate is not subject to a condition that requires\nbuilding work to be done;\n(iii) there is no part of the building work for which a certificate\nunder part 5 has not been issued; or\n(e) it has been 5 years since the certifier was last appointed as\ncertifier for the building work.\n(2) An entity may resign an appointment as certifier only—\n(a) with the written approval of the construction occupations\nregistrar; and\n(b) by written notice given to the owner of the land.\n(3) The construction occupations registrar may approve the resignation\nof the entity as certifier only if satisfied that—\n(a) the entity can not exercise the entity’s functions as a certifier in\nrelation to the building work because of mental or physical\nincapacity; or\n\n(b) the entity has arranged for another certifier to take over the\nentity’s functions as a certifier in relation to the building work;\nor\n(c) it is otherwise appropriate to approve the resignation.\n(4) An appointment that ends under subsection (1) (c) ends—\n(a) for a suspension for a single period of 3 months—on the day\nafter the end of the 3-month period; or\n(b) for a suspension for a single period of longer than 3 months—\non the day after the end of the first 3 months of the period.\n","sortOrder":28},{"sectionNumber":"19E","sectionType":"section","heading":"Appointment of certifier after appointment ends under","content":"19E Appointment of certifier after appointment ends under\ns 19D (1) (e)\n(1) This section applies if an eligible entity’s appointment as certifier for\nbuilding work on land (the first appointment) ends under\nsection 19D (1) (e).\n(2) The owner of the land may appoint the entity as certifier for the\nbuilding work (the second appointment).\n(3) If the certifier is an eligible entity during all of the relevant period,\nthe second appointment is taken—\n(a) to begin on the day after the day the first appointment ends; and\n(b) to be a continuation of the first appointment, not a new\n(4) However, for section 19D (1) (e), the second appointment is taken to\nbe the last appointment if no appointment has been made after it.\n\nrelevant period means the period that—\n(a) begins on the day after the day the first appointment ends; and\n(b) ends on the day before the day the second appointment is made.\n","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Appointment of government certifiers","content":"20 Appointment of government certifiers\n(1) This section applies to building work if the last certifier appointed for\nthe work is no longer the certifier for the work.\n(2) A certifier is no longer the certifier for building work if—\n(a) the certifier’s licence is suspended for longer than 3 months; or\n(b) the certifier’s licence has been cancelled; or\n(c) the certifier has resigned the appointment under section 19D\n(Ending appointments); or\n(d) the certifier is dead; or\n(e) for a building certifier in the same occupation class as the\ncertifier—the certifier is not covered by insurance required\nunder the Construction Occupations (Licensing) Act 2004.\n(3) The owner of the land where the building work is being carried out\n(or proposed to be carried out) may apply to the construction\noccupations registrar for the appointment of a government certifier\nfor the work.\n(4) The construction occupations registrar may appoint a government\ncertifier for the building work if satisfied that the criteria prescribed\nunder the regulations are satisfied.\n(5) The regulations may prescribe what must accompany the application.\n\n(6) In this section:\nlicence means a building surveyor licence under the Construction\nOccupations (Licensing) Act 2004.\n","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Power to require building documents","content":"21 Power to require building documents\n(1) A government certifier appointed for building work may, by written\nnotice, require the entity that was the certifier (or last certifier) for the\nbuilding work to give the government certifier any building document\nthe entity has in relation to the work within the period stated in the\n(2) The period stated in the notice must not be less than 2 weeks after the\nday the notice is given.\n(3) A person commits an offence if the person contravenes a notice given\nto the person under subsection (1).\n(4) Each partner commits an offence if the partnership contravenes a\nnotice given to the partnership under subsection (1).\n(5) It is a defence to a prosecution for an offence against subsection (4)\nif the partner proves—\nsubsection involved in the offence; and\n(6) An offence against subsection (3) or (4) is a strict liability offence.\n\n(7) In this section:\nbuilding document means a document mentioned in section 48 (3)\n(Completion of building work).\n","sortOrder":31},{"sectionNumber":"22","sectionType":"section","heading":"Protection of government certifiers from liability","content":"22 Protection of government certifiers from liability\n(1) A government certifier does not incur civil or criminal liability for an\nact or omission done honestly as a government certifier.\n(2) A civil liability that would, apart from this section, attach to the\ngovernment certifier attaches instead to the Territory.\n","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Entitlement to act as certifier","content":"23 Entitlement to act as certifier\n(1) A licensed construction practitioner is not entitled to perform services\nas a certifier in relation to building work if the practitioner has an\ninterest in the work.\n(2) For this section, a licensed construction practitioner has an interest in\nbuilding work if the practitioner, or a person related to the\npractitioner—\n(a) has a legal or equitable interest in the land where the building\nwork is, or is to be, carried out; or\n(b) has prepared, or intends to prepare, drawings intended to be used\nin relation to the construction of the building work; or\n(c) has carried out, or intends to carry out, any of the building work;\nor\n(d) has a financial interest in the construction or completion of the\n(3) For this section, a person is related to a licensed construction\npractitioner if the person is—\n(a) a person with whom the practitioner has a personal,\nprofessional, commercial or financial relationship; or\n\n(b) an employer or employee of the practitioner; or\n(c) a company of which the practitioner is a director or in which the\npractitioner holds a share.\n(4) This section does not prevent a certifier from sketching a required\ndesign solution as part of a direction in a notice under\nsection 44 (2) (a).\n","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Notice of certifier’s appointment or end of appointment","content":"24 Notice of certifier’s appointment or end of appointment\n(b) after the issue, either—\n(i) an entity is appointed certifier for the work; or\n(ii) an entity’s appointment as certifier for the work ends under\nsection 19D (1) (a) or (b).\n(2) Within 7 days after the day the entity is appointed or the appointment\nends, the entity must give the construction occupations registrar\nwritten notice of the appointment or end.\n","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Prohibition against contracting out of pt 3","content":"25 Prohibition against contracting out of pt 3\nA provision in a contract or agreement is void if it limits or modifies,\nor purports to limit or modify, the operation of this part, including this\nsection, in relation to a certifier or building work.\n","sortOrder":35},{"sectionNumber":"25A","sectionType":"section","heading":"Overview—div 3.3","content":"25A Overview—div 3.3\n(1) This division deals with building approvals for building work carried\nout on land and how the owner of the land may apply for building\n\n(2) Section 27 to section 30A affect the issue of building approvals as\nfollows:\n(a) section 27 provides that a certifier must not consider an\napplication for building approval unless, among other things, the\naccompanying plans comply with the requirements prescribed\nby regulation;\n(b) section 28 provides that an application for building approval\nmust be approved if the plans meet each approval requirement\nunder section 29, and deals with how the approval is given;\n(c) section 28A sets out how a building approval is marked on\nplans;\n(d) section 29 sets out the approval requirements for the plans;\n(e) section 30 and section 30A set out when an application for\nbuilding approval must be refused.\n25AA Meaning of site work notice—div 3.3\nsite work notice means a notice issued by a certifier under\nsection 28 (1A)—\n(a) stating—\n(i) that the plans for the building work to which the\napplication for building approval relates show all the\ninformation necessary to establish that site work to which\nthe building work relates is exempt development under the\nPlanning Act 2023, section 145; and\n(ii) that the site work is exempt development; and\n(iii) the certifier’s reasons for assessing that the site work is\nexempt development; and\n\n(b) including any document or information prescribed by\nregulation.\n","sortOrder":36},{"sectionNumber":"25B","sectionType":"section","heading":"Why are building approvals necessary?","content":"25B Why are building approvals necessary?\n(1) A building approval is necessary because—\n(a) section 42 (1) (d) requires building work to be carried out in\naccordance with approved plans (which may have to comply\nwith this Act in relation to asbestos); and\n(b) approved plans are plans that relate to building work for which\na building approval is in effect.\n(2) Section 42 provides that building work must not be carried out except\nin accordance with the requirements set out in the section.\n(3) Not complying with section 42, for example—\n(a) is an element of offences against section 42A (Contravention of\nrequirements for building work involving asbestos) and section\n51 (Carrying out building work in contravention of s 42); and\n(b) is a ground for giving a notice to a building licensee under\nsection 44 (2) (a) (Stage inspections); and\n(c) is a ground for giving a notice to carry out building work under\nsection 62 (see s 61 (b)).\nNote Not complying with s 42 may also be grounds for occupational discipline\nunder the Construction Occupations (Licensing) Act 2004.\n","sortOrder":37},{"sectionNumber":"25C","sectionType":"section","heading":"Building approvals apply to building work","content":"25C Building approvals apply to building work\nTo remove any doubt—\n(a) a building approval only relates to building work shown on the\napproved plans under the approval, other than building work—\n(i) identified in the plans as not forming part of the approval;\nand\n\n(ii) on a parcel of land other than a parcel to which the\napplication for approval relates; and\n(b) the issue of a building approval does not indicate that carrying\nout work other than building work identified in the plans is\nconsistent with the law or lease provisions applying to carrying\nout the work.\nExample of work other than building work shown in approved plans\nApproved plans show a multi-unit townhouse development. As well as showing\nthe townhouse buildings, the plans include landscape plans and structural\nengineer’s plans for structural elements, brickwork screen walls, paling fencing and\nreinforced concrete pedestrian surface paving. The building approval only relates\nto the townhouse buildings (including their structural elements), the retaining walls,\nthe screen walls and the fencing.\nExample of building work on parcel of land other than parcel to which\napplication relates\n1 Approved plans show a shop which is proposed to have an awning over the\nfootpath in front of the shop. The awning is over unleased territory land, while\nthe rest of the shop is on leased land. An application for building approval\nmay only be made by the owner of the parcel of land for approval to carry out\nbuilding work on the land. If only the owner of the leased land applies for\nbuilding approval and the building approval is issued, the building approval\ncan relate only to building work on the leased land and not to the awning.\nHowever, if the Territory and the owner of the leased land jointly apply for\nbuilding approval and the approval is issued, the approval can relate to\nbuilding work on both the awning and the leased land. But, if the Territory\ngrants the applicant a permit for the awning to be over a public place, the\npermit-holder is, under this Act, taken to be the owner and may apply for\nbuilding approval for all the building work, including the awning.\n2 Approved plans show proposed demolition of a fence and a party wall. The\nwall and fence straddle a common boundary shared by 2 land parcels. The\nbuilding approval can not operate in relation to only 1 of the parcels. If\nbuilding approval is required for the demolition, it must relate to both parcels\nof land.\n\n","sortOrder":38},{"sectionNumber":"26","sectionType":"section","heading":"Building approval applications","content":"26 Building approval applications\n(1) The owner of a parcel of land may, in writing, apply to the certifier\nfor a building approval for building work to be carried out on the land.\nNote At common law, an agent may make an application on the owner’s behalf.\n(a) be accompanied by the number of copies of the plans relating to\nthe proposed work prescribed under the regulations; and\n(b) nominate the kind of certificate of occupancy for which the\napplicant proposes to apply; and\n(c) be accompanied by a waste management plan if the building\nwork involves—\n(i) the demolition of a building; or\n(ii) the alteration of a building other than a class 1, class 2 or\nclass 10a building; and\n(d) be accompanied by an asbestos removal control plan if a\nbuilding to which the building work relates—\n(i) is a class 1, class 2, class 3 or class 4 building, or a class 10\nbuilding associated with a class 1, class 2, class 3 or class\n4 building; and\n(ii) was erected before, or the erection of which started before,\n1985; and\n(e) if there is an asbestos assessment report for premises to which\nthe building work relates—be accompanied by a copy of the\nasbestos assessment report unless the applicant cannot obtain the\nreport after taking reasonable steps; and\n(f) if there is development approval for development to which the\nbuilding work relates—be accompanied by a copy of the\ndevelopment approval, unless the applicant cannot obtain a copy\nof the approval after taking reasonable steps; and\n\n(g) if there is an exemption assessment D notice for development to\nwhich the building work relates—be accompanied by a copy of\nthe exemption assessment D notice; and\n(h) if required under an energy efficiency provision—be\naccompanied by an energy efficiency certificate; and\n(i) if the development to which the building work relates is a\ndevelopment proposal to which the Planning (Exempt\nDevelopment) Regulation 2023, schedule 1, section 1.18\napplies—be accompanied by a written notice that the section has\nbeen complied with within 2 years before the day the application\nis made.\nExample—written notice\na copy of any form prepared for the Planning (Exempt Development)\nRegulation 2023, sch 1, s 1.18 and a statement about how and when it was\ngiven\n(3) The regulations may require the application to contain other details\nor be accompanied by other material.\nenergy efficiency provision—see section 139C (4).\n","sortOrder":39},{"sectionNumber":"26A","sectionType":"section","heading":"Applications for building approval—certifier may require","content":"26A Applications for building approval—certifier may require\nfurther information\n(a) the owner of a parcel of land (the applicant) has applied to a\ncertifier for building approval for building work to be carried\nout on the land; and\n(b) further information is required for the certifier to be able to\ndecide the application without personally inspecting the land\nwhere the building work is to be carried out; and\n\n(2) The certifier may, by written notice, ask the applicant to give the\ncertifier stated further information in relation to the application if the\ncertifier believes on reasonable grounds that the information will help\nthe certifier to decide the application without personally inspecting\nthe land where the building work is to be carried out.\nExamples of what certifier may ask for\n1 photos, including ground, aerial, or satellite photos of the land or anything on,\nover or near the land\n2 approval, permission or tenure documents, including leases, licences, permits,\nstatutory approvals or advices\n3 topographical information, including ground surface height contours, for the\nland and surroundings\n(3) To remove any doubt, this section does not entitle a certifier to\nrequire—\n(a) photographs to be taken by someone other than the applicant; or\n(b) photographs to be taken using equipment other than equipment\nof the applicant’s choice; or\n(i) the certifier has, or has reasonable access to, suitable\ninformation that allows the certifier to decide the\napplication without personally inspecting the land where\nthe building work is to be carried out; or\n\n(ii) a territory law requires the certifier to personally obtain or\nbe given the information.\nExamples of suitable information certifier has or has reasonable access to\n1 The internet website www.actmapi.act.gov.au provides aerial photographs and\ntopographical information including ground contours for some ACT areas. If\nthe land to which an application relates is covered by the website, the\nphotographs and contours have sufficient information, and are accurate and\nrecent enough, to decide the application in relation to tree and ground-height\nrelated matters, the certifier may not require further information or documents\nby way of photographs or topographical information in relation to trees and\nground heights.\n2 A certifier may verify land tenure and permit and statutory approval matters\nby contacting the statutory custodians of the information to a sufficient degree\nto decide the application in relation to those matters. The certifier may not\nrequire further information in relation to those matters.\n3 The land to which an application relates is covered by\nwww.actmapi.act.gov.au but, because the slope of the land to be built on is\nsteeper than would be adequately shown on the website, the certifier does not\nhave suitable information to allow the certifier to decide the application\nwithout personally inspecting the land. Another website has some\ntopographical information on the land, but it is not of sufficient resolution, or\nrecent enough, to be relied on by the certifier in relation to ground heights to\ndecide the application. The certifier may require further information in\nrelation to ground heights.\n(4) For this section, a certifier that is a partnership inspects land\n","sortOrder":40},{"sectionNumber":"26B","sectionType":"section","heading":"Contents of request for further information","content":"26B Contents of request for further information\n(1) A request under section 26A must—\n\n(c) state that the applicant need not provide the further information,\nbut if the applicant fails to provide some or all of the information\nin accordance with the request, the certifier may refuse to issue\na building approval under section 28; and\n(d) state that, despite the applicant and certifier having previously\nnot agreed that the certifier would obtain the further information,\nthe applicant and certifier may agree that the certifier will obtain\nthe information.\n(3) The certifier may, on application before the end of the period stated\nunder subsection (1) (a), extend the period within which the further\ninformation must be provided once only, for a period not longer than\n20 working days.\n","sortOrder":41},{"sectionNumber":"26C","sectionType":"section","heading":"Applications for building approval—effect of failure to","content":"26C Applications for building approval—effect of failure to\nprovide further information\n(a) a certifier has asked for further information under section 26A\nin relation to an application; and\n(b) the applicant has not provided some or all of the information in\naccordance with the request; and\n(2) The certifier may refuse to issue a building approval under section 28.\n\n","sortOrder":42},{"sectionNumber":"27","sectionType":"section","heading":"Certifier not to consider certain applications","content":"27 Certifier not to consider certain applications\n(1) A certifier must not consider an application under section 26 unless—\n(a) the plans that accompany the application comply with any\nrequirements prescribed under the regulations; and\n(b) if—\n(i) a regulation prescribes that an entity’s advice on the\napplication must be sought—the entity’s advice has been\nsought; or\n(ii) a regulation prescribes that an entity must be consulted\nabout the application—the entity has been consulted; or\n(iii) a regulation prescribes that an entity’s consent to, or\napproval of, the application is required—the entity has\nconsented to, or approved, the application; or\n(iv) a consent or approval prescribed by regulation contains a\ncondition that must be complied with—the certifier is\nsatisfied on reasonable grounds that the condition has been\ncomplied with; and\n(c) if the application is made on behalf of the owner of the parcel of\nland—it is made by an agent authorised in writing by the owner;\nand\n(d) the training levy has been paid.\ntraining levy means the training levy under the Building and\nConstruction Industry Training Levy Act 1999.\n\n","sortOrder":43},{"sectionNumber":"27A","sectionType":"section","heading":"Notice if building approval not issued","content":"27A Notice if building approval not issued\n(a) an application for a building approval is made to the certifier\nunder section 26; and\n(b) the certifier does not issue the building approval for all or part\nof the building work that is the subject of the application because\nthe certifier—\n(i) refuses to issue the approval under section 26C; or\n(ii) must not consider the application under section 27; or\n(iii) must not issue the approval under section 30 or\nsection 30A; or\n(iv) decides that the approval is not required for all or part of\nthe building work for which the application is made.\n(2) The certifier must give the applicant written notice stating that\nbuilding approval is not issued for the building work mentioned in\nsubsection (1) (b) and the reason why the approval is not issued.\n","sortOrder":44},{"sectionNumber":"28","sectionType":"section","heading":"Issue of building approvals","content":"28 Issue of building approvals\n(a) an application for a building approval is made to the certifier\nunder section 26; and\n(b) the certifier may consider the application; and\n(c) section 30 (When building approvals not to be issued—general)\nand section 30A (When building approvals not to be issued—\nadvice on referral) do not prevent the issue of the approval; and\n\n(d) if there is a written agreement between the certifier and applicant\nfor the payment of an amount for deciding the application and\nthe agreement states that the amount is to be paid before the\napplication is decided—the amount has been paid.\n(1A) As soon as practicable after receiving the application for building\napproval, the certifier must issue a site work notice—\n(a) if an exemption assessment D notice stating that the site work is\nexempt development has not been issued for the site work; and\n(b) if the territory planning authority has not made an exemption\ndeclaration under the Planning (Exempt Development)\nRegulation 2023, schedule 1, section 1.131 (1) (d); and\n(c) if a development approval has not been issued in relation to the\nsite work; and\n(d) if satisfied on reasonable grounds that—\n(i) the plans show all the information necessary to establish\nthat the site work to which the building work relates is\nexempt development under the Planning Act 2023, section\n145; and\n(ii) the site work is exempt development.\n(2) As soon as practicable after receiving the application for building\napproval, the certifier must—\n(a) take all reasonable steps to get the information the certifier\nreasonably needs to decide the application; and\nNote This may include deciding whether the building work is exempt\nfrom requiring development approval under the Planning Act 2023\n(see s 29 (1) (g)).\n\n(b) if satisfied on reasonable grounds that the plans meet each\napplicable approval requirement under section 29 and is not\nprevented from being issued under section 30 or section 30A—\n(i) prepare a notice (the building approval certificate)\ncertifying what approval requirements apply to the\napplication and why the building approval is not prevented\nfrom being issued; and\n(ii) issue the building approval and give the building approval\ncertificate to the applicant.\n(3) To remove any doubt, a certifier is not required to decide an\napplication for building approval if the applicant has asked the\ncertifier to delay making the decision, whether to allow the applicant\nto negotiate with an entity to which the application has been referred\nor for any other reason.\n","sortOrder":45},{"sectionNumber":"28A","sectionType":"section","heading":"Marking building approval","content":"28A Marking building approval\n(1) If a certifier issues a building approval under section 28—\n(a) the approval must be marked on, attached to or partly marked on\nand partly attached to, each page of the plans it relates to; and\n(b) the certifier must—\n(i) initial, date and mark the certifier’s licence number on each\npage of the plans; and\n(ii) attach each accompanying document to the plans; and\n(iii) if the accompanying documents do not include an asbestos\nassessment report—attach an asbestos advice to the plans.\n(2) However, if, because of the size of the plans, it is impractical to mark\nthe building approval on each page of the plans, the certifier may,\ninstead of marking the approval under subsection (1) (a), mark each\npage of the plans with—\n(a) the certifier’s initials and licence number and the date; and\n\n(b) an indication that the approval, or part of the approval, is in a\nseparate document.\n(3) Also, if, because of the size of 1 or more of the accompanying\ndocuments (the relevant documents), it is impractical to attach the\nrelevant documents to the plans, the certifier may, instead of attaching\nthe relevant documents under subsection (1) (b) (ii), mark each page\nof the plans with an indication that the relevant documents are\nseparate.\n(4) If the certifier issues the building approval, the certifier must—\n(a) give to the person who applied for the approval a copy of—\n(i) the approval; and\n(ii) the relevant plans; and\n(iii) if the certifier issues a site work notice in relation to the site\nwork to which the building work relates—the site work\nnotice; and\n(iv) if 1 or more of the accompanying documents are not\nattached to the plans—the accompanying documents that\nare not attached; and\n(b) not later than 7 days after the day of issue, give to the\nconstruction occupations registrar—\n(i) a copy of the approval; and\n(ii) the building approval certificate; and\n(iii) a copy of the relevant plans; and\n(iv) if the certifier issues a site work notice in relation to the site\nwork to which the building work relates—a copy of the site\nwork notice; and\n\n(v) if 1 or more of the accompanying documents are not\nattached to the plans—a copy of the accompanying\ndocuments that are not attached; and\n(vi) if notification of the certifier’s appointment has not\npreviously been given to the registrar—notification of the\naccompanying document, in relation to a building approval, means a\ndocument required to accompany the application for the building\nNote Section 26 requires certain documents to accompany applications for\nbuilding approval and allows other material required to accompany\napplications to be prescribed by regulation.\nasbestos advice means an advice prepared under the Dangerous\nSubstances Act 2004, section 47M.\n","sortOrder":46},{"sectionNumber":"29","sectionType":"section","heading":"Approval requirements","content":"29 Approval requirements\n(1) Each of the following is an approval requirement for plans:\n(a) if the plans are for the substantial alteration of a building—the\nbuilding as altered will comply with this Act and the building\ncode;\nNote 1 Substantial alteration—see s (2).\nNote 2 A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including regulations\nand the building code (see Legislation Act, s 104).\n(b) if the plans are for the erection or alteration of a building—the\nbuilding, if erected or altered in accordance with the plans, will\ncomply with this Act;\n\n(c) if the plans are for the demolition of a building—demolition in\naccordance with the plans will comply with this Act;\n(d) if a waste management plan is required to accompany the\napplication—the plan is adequate;\n(e) if an asbestos removal control plan is required to accompany the\napplication—the plan complies with the Dangerous Substances\nAct 2004 and the Work Health and Safety Act 2011;\n(f) the building as proposed to be erected or altered will be\nstructurally sufficient, safe and stable;\n(g) if the plans show site work that, if carried out in accordance with\nthe plans, might be exempt under the Planning Act 2023 from\nrequiring development approval—\n(i) a copy of an exemption assessment D notice for the site\nwork stating that the site work is exempt development is\nattached; or\nNote Applying for an exemption assessment is not a requirement\nof the development approval or building approval process.\nIf a person believes that a development is an exempt\ndevelopment, the person need not apply for an exemption\nassessment from a works assessor or building surveyor (see\nPlanning Act 2023, s 150).\n(ii) a site work notice for the site work, stating that the site\nwork is exempt development, has been issued under\nsection 28 (1A); or\nNote If site work is an exempt development, it does not require\ndevelopment approval (see Planning Act 2023, s 145).\n(iii) development approval for the site work is attached; or\n\n(iv) a copy of an exemption declaration under the Planning\n(Exempt Development) Regulation 2023, schedule 1,\nsection 1.131 (1) (d) is attached.\nPlans show a proposed residence and garage, and development approval has not\nbeen given. The information in the plans in relation to the residence and garage\nsuggests that the residence and garage might be exempt from the requirement for\ndevelopment approval.\nHowever, the territory plan sets out other requirements that must be satisfied before\nthe proposed residence and garage will be exempt from requiring development\napproval, for example, requirements in relation to trees, driveways, car parking,\ncolours and the amount of the land parcel that must not contain certain buildings.\nThe plans must show all the information necessary for the certifier to be satisfied\nthat all the requirements for the proposed residence and garage to be exempt from\nrequiring development approval have been met, including the requirements in\nrelation to trees, driveways and other matters related to the residence and garage in\nthe territory plan.\nIf development approval is given for the proposed residence and the garage, then\nthe plans do not need to include the information necessary to establish that they are\nexempt from requiring development approval.\nIf an exemption assessment D notice for the proposed residence and garage\nindicates the residence and garage are exempt from requiring development\napproval, then the plans do not need to include any additional information to\nestablish that the proposed residence and garage are an exempt development.\nNote 1 This provision does not give a certifier power to require an applicant to\nprovide either development approval, or an exemption assessment D\nnotice, under the Planning Act 2023.\nNote 2 Section 30 and s 30A prevent building approval from being given in some\ncases.\n(2) A regulation may declare that—\n(a) an alteration of a building is or is not a substantial alteration; or\n(b) a part of a building (the unaltered part) that has not been altered\nneed not comply with the building code despite\nsubsection (1) (a).\n\n(3) For subsection (1)—\n(a) a building or a building as altered does not fail to comply with\nthis Act only because the plans for the building or alteration\ncontain something to which the building code does not apply;\nand\n(b) a building product, construction method, design, component or\nsystem connected with a building is taken to comply with the\nbuilding code if the product, method, design, component or\nsystem complies with a recognised standard.\n(4) For subsection (1) (d), a waste management plan is adequate if—\n(a) the plan satisfies any requirements prescribed under the\nregulations; and\n(b) there is a recycling facility for the reuse or recycling of material\nmentioned in the plan and the plan states that the material will\nbe disposed of, if practicable, at the facility.\n(5) The Minister may declare that a facility outside the ACT is suitable\nto reuse or recycle stated material.\n(6) A declaration is a notifiable instrument.\n(7) For subsection (1) (g) (ii), the certifier must be satisfied that the\nexemption assessment D notice—\n(a) is for the site work to which the application relates; and\n(b) was issued by a works assessor or building surveyor not more\nthan 3 months before the day the application for building\napproval was made.\nNote There is no obligation on the certifier to confirm the exemption\nassessment D notice in any other way, such as for accuracy or\ncompleteness.\n\n(8) In this section:\nrecycling facility, for material, means—\n(a) a facility in the ACT where the material is reused or recycled; or\n(b) a facility outside the ACT that the Minister has declared is\nsuitable to reuse or recycle the material under subsection (5).\n","sortOrder":47},{"sectionNumber":"30","sectionType":"section","heading":"When building approvals not to be issued—general","content":"30 When building approvals not to be issued—general\n(1) A certifier must not issue a building approval if carrying out the site\nwork to which the application for the approval relates would result in\nthe contravention of this Act or any other law in force in the ACT\nbecause of—\n(a) the design or siting of a proposed building or a building as\nproposed to be altered; or\n(b) the material used in the building; or\n(c) the proposed use of the building as determined by the class of\nbuilding; or\n\n(d) the number of buildings on the land.\nUnder the Planning Act 2023, s 276 leased land must not be used for a purpose\nother than a purpose authorised by the lease. A lease provides that the leased land\nmay be used only for a single dwelling.\nIf an application for building work on the land contains plans for 2 dwellings in a\nsingle building, carrying out the site work will result in a contravention of the lease\nand therefore the Planning Act 2023. Accordingly, a certifier must not issue the\nbuilding approval.\nIf an application for building work on the land indicates that 1 room is to be used\nfor a home office, and part of the lounge room is to contain a bar area, the building\nmay still be used as a dwelling and a certifier could issue building approval, even\nthough conducting a home business may require development approval.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nNote 2 See the sustainability guidelines made under s 143.\n(2) A regulation may prescribe when, apart from this section, a building\napproval must not be issued.\ndesign, of a building, includes anything affecting the appearance of\nthe building.\n","sortOrder":48},{"sectionNumber":"30A","sectionType":"section","heading":"When building approvals not to be issued—advice on","content":"30A When building approvals not to be issued—advice on\nreferral\n(1) This section applies to an application to a certifier for building\napproval if—\n(a) a regulation requires the advice of an entity to be sought on the\n(b) the entity’s advice has been sought as prescribed by regulation;\nand\n\n(c) issuing the approval or carrying out work in accordance with the\napproval would be inconsistent with the advice; and\n(d) the entity has not—\n(i) withdrawn the advice; or\n(ii) changed or added to the advice so that issuing the approval\nor carrying out work in accordance with the approval\nwould not be inconsistent with the advice as changed or\nadded to.\n(2) The certifier must not issue the building approval unless satisfied on\nreasonable grounds that—\n(a) further information or amendments of the application address\nthe advice of the entity; or\n(b) the advice relates to an area other than an area that the entity\ngiving the advice is authorised by regulation to give advice on.\n(3) A regulation may prescribe the following:\n(a) when the advice of an entity must be sought on an application to\na certifier for building approval;\n(b) if an entity’s advice must be sought on an application to a\ncertifier for building approval—the advice the entity may give;\n(c) anything else in relation to the advice.\n","sortOrder":49},{"sectionNumber":"31","sectionType":"section","heading":"Application for approval of amended plans","content":"31 Application for approval of amended plans\n(b) the owner of the parcel of land where the building work is being,\nor is to be, done has amended the plans for the work.\n(2) The owner may apply, in writing, to a certifier to approve the\namended plans.\n\n","sortOrder":50},{"sectionNumber":"32","sectionType":"section","heading":"Amendment of approved plans","content":"32 Amendment of approved plans\n(1) This section applies if an application under section 31 for the\namendment of plans has been made to a certifier.\n(2) The certifier must approve the amended plans and amend the building\napproval only if—\n(a) the approval requirements, so far as they apply to plans, are\nsatisfied in relation to the plans as amended; and\n(b) the application would not be refused because of section 30\n(When building approvals not to be issued—general) or\nsection 30A (When building approvals not to be issued—advice\non referral) if it were an application for a building approval; and\n(c) a building built to the amended plans would not be significantly\ndifferent from a building built to the unamended plans.\nNote The regulations may prescribe when a building is significantly different\n(see s (4)).\n(3) If the certifier cannot approve the amended plans, the certifier must\ntell the applicant in writing that the application is refused.\n(4) The regulations may prescribe when a building built to amended\nplans is significantly different from a building built to unamended\nplans.\n","sortOrder":51},{"sectionNumber":"32A","sectionType":"section","heading":"Application for approved plans amendment—certifier","content":"32A Application for approved plans amendment—certifier\nmay require further information\n(a) the owner of a parcel of land (the applicant) has applied to a\ncertifier under section 31 to approve amended plans; and\n(b) further information is required for the certifier to be able to\ndecide the application without personally inspecting the land\nwhere the building work is being, or is to be, carried out; and\n\n(2) The certifier may, by written notice, ask the applicant to give the\ncertifier stated further information in relation to the application if the\ncertifier believes on reasonable grounds that the information will help\nthe certifier to decide the application without personally inspecting\nthe land where the building work is being, or is to be, carried out.\n(3) To remove any doubt, this section does not entitle a certifier to\nrequire—\n(a) photographs to be taken by someone other than the applicant; or\n(b) photographs to be taken using equipment of the applicant’s\nchoice at or near ground level; or\n(i) the certifier has, or has reasonable access to, suitable\ninformation that allows the certifier to decide the\napplication without personally inspecting the land where\nthe building work is to be carried out; or\n(ii) a territory law requires the certifier to personally obtain or\nbe given the information.\nNote For examples of suitable information a certifier has or has reasonable\naccess to, see s 26A (Applications for building approval—certifier may\nrequire further information).\n(4) For this section, a certifier that is a partnership inspects land\n\n","sortOrder":52},{"sectionNumber":"32B","sectionType":"section","heading":"Contents of request for further information","content":"32B Contents of request for further information\n(1) A request under section 32A must—\n(c) state that the applicant need not provide the further information,\nbut if the applicant fails to provide some or all of the information\nin accordance with the request, the certifier may refuse to\napprove the amended plans to which the application relates; and\n(d) state that, despite the applicant and certifier having previously\nnot agreed that the certifier would obtain the further information,\nthe applicant and certifier may agree that the certifier will obtain\nthe information.\n(3) The certifier may, on application before the end of the period stated\nunder subsection (1) (a), extend the period within which the further\ninformation must be provided once only, for a period not longer than\n20 working days.\n","sortOrder":53},{"sectionNumber":"32C","sectionType":"section","heading":"Approved plans amendment—effect of failure to provide","content":"32C Approved plans amendment—effect of failure to provide\nfurther information\n(a) a certifier has asked for further information under section 32A\nin relation to an application; and\n(b) the applicant has not provided some or all of the information in\naccordance with the request; and\n\n(2) The certifier may refuse to approve the amended plans to which the\napplication relates.\n","sortOrder":54},{"sectionNumber":"33","sectionType":"section","heading":"Marking approval of amendment","content":"33 Marking approval of amendment\n(1) If a certifier approves amended plans under section 32—\n(a) the amended building approval must be marked on, attached to\nor partly marked on and partly attached to, each page of the\n(b) the certifier must initial, date and mark the certifier’s licence\nnumber on each page of the plans.\n(2) However, if, because of the size of the plans, it is impractical to mark\nthe amended building approval on each page of the plans, the certifier\nmay, instead of marking the approval under subsection (1) (a), mark\neach page of the plans with—\n(a) the certifier’s initials and licence number and the date; and\n(b) an indication that the approval, or part of the approval, is in a\nseparate document.\n(3) The certifier must—\n(a) give a copy of the amended approval and the amended plans as\nsoon as practicable to the person who applied for the approval;\nand\n(b) within 7 days after the day of issue, give to the construction\noccupations registrar—\n(i) a copy of the amended approval; and\n(ii) a copy of the amended plans; and\n\n(iii) if notification of the certifier’s appointment has not\npreviously been given to the registrar—notification of the\n","sortOrder":55},{"sectionNumber":"34","sectionType":"section","heading":"Effect of issue of further building approval","content":"34 Effect of issue of further building approval\n(a) a building approval is in force for building work; and\n(b) another building approval is issued for the building work\n(whether or not the approval also relates to other building work).\n(2) The first building approval ends because of this section.\n","sortOrder":56},{"sectionNumber":"35","sectionType":"section","heading":"Land to be used in accordance with lease and","content":"35 Land to be used in accordance with lease and\ndevelopment approval\nThe issue of a building approval for building work on a parcel of land\ndoes not authorise—\n(a) for land leased from the Commonwealth—use of the land for a\npurpose other than that for which the lease was granted; or\n(b) use of the land contrary to a provision, covenant or condition of\nany lease on the parcel; or\n(c) development on the land for which development approval is\nrequired unless there is the required development approval; or\n(d) if development on the land requires development approval—\ndevelopment on the land contrary to a required development\n","sortOrder":57},{"sectionNumber":"36","sectionType":"section","heading":"Period for which approvals operate","content":"36 Period for which approvals operate\n(1) A building approval operates until the end of the earliest of the\n(a) 3 years beginning on the day of its issue;\n\n(b) any development period applying to the building work.\nNote A building approval ends if a further approval is issued for the same\nbuilding work (see s 34).\n(2) If the development period applying to the building work is extended,\nthe certifier may extend the period of operation of the building\napproval to a day that is no later than the day the extended\ndevelopment period ends.\n(3) However, subsection (2) does not authorise the extension of the\nperiod of validity of a building approval to a day that is more than\n3 years after the day the approval was issued.\n(4) To remove any doubt, a building approval, or part of the building\napproval, does not operate while the approval or part is suspended.\nNote A building approval, or part of the approval, may be suspended under\ns 53.\ndevelopment period means a period within which, under another law\nin force in the ACT or a condition of the relevant lease, the building\nwork must be completed.\n","sortOrder":58},{"sectionNumber":"36A","sectionType":"section","heading":"Requirement to give advice in relation to proposed","content":"36A Requirement to give advice in relation to proposed\nbuilding work\n(a) an entity’s advice on an application for building approval has\nbeen sought as prescribed by regulation; and\nNote See s 30A (3) (When building approvals not to be issued—advice\non referral).\n(b) the entity—\n(i) has given advice on the application; or\n(ii) has not given advice within the time prescribed for giving\nthe advice; and\n\n(c) the certifier is required under section 28 to issue a building\napproval on the application; and\n(d) the certifier issues the building approval; and\n(e) the approved plans for the building approval are substantially\nconsistent with the advice.\n(2) For this section, if an entity fails to give advice sought within the time\nprescribed by regulation in relation to an application for building\napproval referred to the entity, the entity is taken to have given advice\nthat the entity supports the application.\n(3) The entity must not act inconsistently with the advice in relation to\nthe application for building approval unless—\n(a) further information in relation to the building work proposed in\nthe application comes to the entity’s attention (other than\ninformation mentioned in subsection (4)); and\n(b) the entity did not have the further information when the entity\ngave the advice; and\n(c) the further information is relevant to the advice the entity gave;\nand\n(d) the entity would have given different advice if the entity had the\nfurther information before giving the advice.\n(4) Subsection (3) (a) does not apply to further information in relation to\nbuilding work proposed in the application for building approval if the\ninformation—\n(a) was not required in the building approval application; and\n(b) is required by the entity after the application is approved; and\n(c) is consistent in all significant respects with information already\nprovided by the applicant, except that it is more detailed.\n\n(5) For this section, an entity acts inconsistently with advice in relation\nto an application for building approval if—\n(a) the advice is that the entity will issue or give an approval or other\nthing in relation to the building work; and\n(b) the application is approved; and\n(c) the entity—\n(i) does not issue or give the approval or other thing consistent\nwith the advice; or\n(ii) issues or gives the approval or other thing in a way, or\nsubject to a condition, that prevents the applicant\nundertaking the building work approved.\nExample of advice\nthat the entity will agree to the erection of a building over a buried sewer main\n(6) Also for this section, an entity acts inconsistently with advice in\nrelation to an application if—\n(a) the advice is that an activity to which the application relates does\nnot require a particular authorisation (however described); and\n(b) the entity prosecutes someone, or takes other compliance action,\nin relation to the activity because the activity is carried out\nwithout the particular authorisation.\nExample of acting inconsistently\nAn Act prohibits activity A without an approval. The entity responsible for\nadministering the Act gives advice sought as prescribed by regulation (see\ns 30A (3)) that the activity (activity B) in the application does not fall within the\ndescription of activity A. The application is approved consistent with the advice.\nThe entity can not prosecute a person for carrying out activity B in accordance with\nthe approved application because activity B does fall within the description of\nactivity A and the person did not have approval.\n\n(7) For this section, an entity acts inconsistently with advice in relation\nto an application if the entity—\n(a) refuses to do something required to be done by the entity to\nallow the applicant to undertake the development approved in\nthe application; or\n(b) does something in a way, or subject to a condition, that prevents\nthe applicant from undertaking the development approved in the\napplication.\n","sortOrder":59},{"sectionNumber":"Div 3","sectionType":"division","heading":"4 Building commencement notices and","content":"Division 3.4 Building commencement notices and\nbuilding work signs\n","sortOrder":60},{"sectionNumber":"37","sectionType":"section","heading":"Building commencement notice issue","content":"37 Building commencement notice issue\n(b) under the Construction Occupations (Licensing) Act 2004, any\nof the work must be done by a licensed builder; and\n(c) a licensed builder has been engaged to do the work.\n(2) The licensed builder may apply, in writing signed by the owner of the\nparcel of land where the building work is to be done, to a certifier for\na commencement notice for the work or part of it.\nNote The ordinary rules of agency apply in relation to an application under this\n(3) If, under section 37B, a sign must be displayed on the parcel of land\nbefore the application is made, the licensed builder must state in the\napplication that the builder—\n(a) erected the sign, and displayed the sign for the required period;\nor\n\n(b) is reasonably satisfied that the sign was erected by a licensed\nbuilder and displayed for the required period.\nNote Knowingly or recklessly giving someone information in relation to a\nconstruction service that is false or misleading is a ground for\noccupational discipline (see Construction Occupations (Licensing)\nAct 2004, s 55 (1) (b)).\n(4) If the application is for insurable residential building work, the\napplication must be accompanied by—\n(a) a residential building insurance policy for the work; or\n(b) a certificate issued by an approved insurer stating that the insurer\nhas insured the work under a residential building insurance\npolicy; or\n(c) a fidelity certificate for the work issued by the trustees of a\nscheme approved under division 6.4 (Approved fidelity fund\nschemes).\n(5) On receiving the application, the certifier must issue a building\ncommencement notice for the building work if satisfied on reasonable\ngrounds that the builder’s licence authorises the work in the building\nNote ‘Under’ includes ‘in accordance with’ (see Legislation Act, dict, pt 1, def\nunder), so an application must comply with this section before it can be\napproved.\n(6) If a certifier issues a building commencement notice, the certifier\nmust give a copy of it to the construction occupations registrar within\n1 week after the day of its issue.\n(7) In this section:\napproved insurer means an authorised insurer who—\n(a) has had a form of residential building insurance policy approved\nby the construction occupations registrar; and\n\n(b) has not given to the registrar a notice under section 95 (Duties\nof insurers).\ninsurable residential building work—see section 84.\n","sortOrder":61},{"sectionNumber":"37A","sectionType":"section","heading":"Sign to be displayed for certain building work","content":"37A Sign to be displayed for certain building work\n(1) This section applies to building work that is required to be done only\nby a licensed builder.\n(2) A licensed builder who carries out or supervises the building work on\na parcel of land must display a sign on the parcel—\n(a) while the work is being carried out; or\n(b) if the work is prescribed by regulation—for the period\nprescribed by regulation for the work.\n(3) However, if the building work must be carried out urgently to address\na risk of death or injury to a person, serious harm to the environment\nor significant damage to property, the licensed builder who carries out\nor supervises the work must display a sign as soon as practicable after\nthe work is begun.\n(4) A sign under this section must comply with any requirement\n(5) If a sign under this section is removed or damaged, the person who\nmust display the sign must replace or repair it—\n(a) within 2 days after the day it is removed or damaged; or\n(b) if another period is prescribed by regulation—within that period.\n(6) A person commits an offence if—\naccess to the sign.\n\n(7) An offence against subsection (6) is a strict liability offence.\n","sortOrder":62},{"sectionNumber":"37B","sectionType":"section","heading":"Sign to be displayed for building work in prescribed","content":"37B Sign to be displayed for building work in prescribed\ndevelopment\n(1) This section applies to building work that—\n(a) is in relation to prescribed development; and\n(b) is required to be done only by a licensed builder.\n(2) A licensed builder engaged to carry out the building work on a parcel\nof land must display a sign on the parcel—\n(a) that complies with the requirements prescribed by regulation;\nand\n(b) for the period prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision for different categories (see\nLegislation Act, s 48).\n(3) If a sign under this section is removed or damaged, the person who\nmust display the sign must replace or repair it—\n(a) within 2 days after the day it is removed or damaged; or\n(b) if another period is prescribed by regulation—within that period.\naccess to the sign.\n\n","sortOrder":63},{"sectionNumber":"38","sectionType":"section","heading":"Automatic end of building commencement notices","content":"38 Automatic end of building commencement notices\n(1) A building commencement notice for building work ends if—\n(a) for insurable residential building work—the work is no longer\ninsured; or\n(b) the building approval for the work ends.\ninsured, for building work, means—\n(a) the work is insured under a residential building insurance policy;\nor\n(b) a fidelity certificate is in force for the work by the trustees of a\nscheme approved under division 6.4 (Approved fidelity fund\nschemes).\n","sortOrder":64},{"sectionNumber":"39","sectionType":"section","heading":"Application for cancellation of building commencement","content":"39 Application for cancellation of building commencement\nnotice\n(1) This section applies if a building commencement notice is in force for\n(2) The licensed builder mentioned in the building commencement\nnotice—\n(a) may apply, in writing, for cancellation of the building\n(b) if the builder does apply for its cancellation—must give to the\nowner of the parcel of the land where the work is being, or is to\nbe, done—\n(i) a copy of the application; and\n(ii) a notice that states that the owner has 2 weeks (the\nrepresentation time) to make representations to the\nconstruction occupations registrar about whether the\nbuilding commencement notice should be cancelled.\n\n(3) The application must explain why the building commencement notice\nshould be cancelled.\n","sortOrder":65},{"sectionNumber":"40","sectionType":"section","heading":"Decision on building commencement notice application","content":"40 Decision on building commencement notice application\n(a) the construction occupations registrar receives an application\nunder section 39 for the cancellation of a building\n(i) the representation time for the application has ended; or\n(ii) the owner of the land where the building work is being, or\nis to be, done agrees in writing to the cancellation.\n(2) If the representation time has ended without the owner of the land\nagreeing to the cancellation, the construction occupations registrar\nmust consider any representation made by the owner within the\nrepresentation time.\n(3) The construction occupations registrar may cancel the building\ncommencement notice if satisfied—\n(a) that the builder mentioned in the notice cannot do the building\nwork; or\n(b) it is otherwise appropriate to cancel the notice.\n","sortOrder":66},{"sectionNumber":"41","sectionType":"section","heading":"Multiple or part building commencement notice","content":"41 Multiple or part building commencement notice\n(1) Two or more building commencement notices for the same building\nwork may be in force at the same time.\n(2) A building commencement notice continues to operate for building\nwork even if the building work being done is only part of the building\nwork for which the commencement notice was issued.\n\n","sortOrder":67},{"sectionNumber":"42","sectionType":"section","heading":"Requirements for carrying out building work","content":"42 Requirements for carrying out building work\n(1) Building work must not be carried out except in accordance with the\nfollowing requirements:\n(a) the materials used in the building work must comply with the\nstandards under the building code for the materials in buildings\nof the kind being built or altered;\n(b) the way the materials are used in the building work must comply\nwith their acceptable use under the building code for buildings\nof the kind being built or altered;\n(c) the building work must be carried out in a proper and skilful\nway;\nNote The considerations to be taken into account to decide when work\nis carried out in a proper and skilful way may be prescribed under\nthe regulations (see s (2)).\n(d) for building work that requires building approval under\ndivision 3.3, the building work—\n(i) must be carried out in accordance with approved plans; or\n(ii) if plans have not been approved for the building work—\nmust not be carried out;\n(e) for building work that involves handling asbestos or disturbing\nfriable asbestos—the building work must be carried out in\naccordance with approved plans that comply with this Act in\nrelation to the asbestos;\n\n(f) for building work required to be done only by a licensed\nbuilder—\n(i) the building work must be carried out by or under the\nsupervision of the builder mentioned in the building\n(ii) the builder’s licence must authorise the doing of the\nbuilding work;\n(g) the building licensee in charge of the building work must take—\n(i) all the safety precautions stated in or with the application\nfor the building approval; and\n(ii) any other safety precaution that a certifier or building\ninspector may require the building licensee to take under\nsection 46.\n(2) The regulations may prescribe considerations to be taken into account\nto decide whether building work is carried out in a proper and skilful\nway.\n","sortOrder":68},{"sectionNumber":"42A","sectionType":"section","heading":"Contravention of requirements for building work","content":"42A Contravention of requirements for building work\ninvolving asbestos\n(1) This section applies to building work that involves handling asbestos\nor disturbing friable asbestos.\n(a) the person is—\n(i) a licensed builder; or\n(ii) a licensed asbestos assessor; or\n(iii) a licensed asbestos removalist; and\n(b) carries out the building work; and\n\n(c) the carrying out of the building work fails to comply with 1 or\n(d) the person either—\n(i) knew that the building work was not carried out in\ncompliance with section 42; or\n(ii) was reckless about whether the building work was carried\nout in compliance with section 42.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n(3) A person commits an offence if—\n(a) the person carries out the building work; and\n(c) the person intended to carry out the building work in a way that\ndid not comply with the requirements under section 42.\n(a) the person is the owner of a parcel of land where the building\nwork is carried out; and\n(b) the carrying out of the building work does not comply with 1 or\n\n(c) the person intended to have the building work carried out in a\nway that did not comply with section 42.\nlicensed asbestos assessor—see the Work Health and Safety\nRegulation 2011, dictionary.\nlicensed asbestos removalist—see the Work Health and Safety\nRegulation 2011, dictionary.\n","sortOrder":69},{"sectionNumber":"43","sectionType":"section","heading":"Stages of building work","content":"43 Stages of building work\n(1) A regulation may prescribe—\n(a) stages of building work; and\n(b) exceptions to allow building work to proceed beyond a stage\nwithout a stage inspection; and\n(c) conditions for building work to proceed beyond a stage without\na stage inspection.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n(2) A building licensee in charge of building work must give the certifier\na required written notice when building work reaches a stage of\n(3) A building licensee commits an offence if—\n\n(c) the licensee—\n(i) does building work beyond the stage; and\n(ii) fails to give the certifier the required written notice before\nthe building work beyond the stage was started.\nrequired written notice means a notice that—\n(a) is dated on the day it is given; and\n(b) states the stage of building work that has been reached; and\n(c) includes a statement that—\n(i) the building work done for the stage was carried out in\naccordance with approved plans; and\n(ii) if the building work involved handling asbestos or\ndisturbing friable asbestos—the approved plans comply\nwith this Act in relation to the asbestos.\nNote The licensee may give the notice electronically (see Electronic\nTransactions Act 2001, s 8).\n\n","sortOrder":70},{"sectionNumber":"44","sectionType":"section","heading":"Stage inspections","content":"44 Stage inspections\n(1) If a certifier receives a notice under section 43 (2) for building work,\nthe certifier must inspect the building work as soon as practicable.\n(1A) A regulation may make provision for the inspection of stages of\n(2) On, or as soon as practicable (but in any case within 2 working days),\nafter inspection, the certifier must—\n(a) if satisfied on reasonable grounds that the building work does\nnot comply with section 42 (Requirements for carrying out\nbuilding work), give the building licensee in charge of the\nbuilding work written notice that—\n(i) the work does not comply with section 42; and\n(ii) includes directions that are reasonable and appropriate for\nachieving compliance; and\n(iii) states the date that the noncompliance came to the\ncertifier’s attention; or\n(b) if satisfied on reasonable grounds that building work complies\nwith section 42—certify that the work complies and give the\ncertificate to the building licensee in charge of the building\nNote Section 42 includes the requirement that building work must be carried\nout in accordance with approved plans.\n(2A) A building licensee commits an offence if—\n(c) the licensee does building work beyond the stage; and\n\n(d) the licensee does not obtain—\n(i) written notice under subsection (2) (a) stating that the work\nmay proceed beyond the stage subject to directions for\nachieving compliance; or\n(ii) a certificate under subsection (2) (b).\n(2B) A building licensee commits an offence if—\n(c) the licensee does building work beyond the stage; and\n(d) the licensee obtains—\n(i) written notice under subsection (2) (a) but does not comply\nwith a direction for achieving compliance; or\n(ii) a certificate under subsection (2) (b) but does not comply\nwith a condition of the certificate.\n(3) A certifier commits an offence if the certifier contravenes\nsubsection (1) or (2).\n(5) A certifier must certify that building work complies with section 42\nand give the certificate to the building licensee in charge of the\nbuilding work if the certifier—\n(a) has given a notice mentioned in subsection (2) (a) to the\nlicensee; and\n\n(b) is satisfied on reasonable grounds that—\n(i) the building licensee in charge of the building work has\ndone what is reasonable and appropriate to achieve\ncompliance (even if what is done is not in accordance with\nthe directions in the notice); and\n(ii) the building work otherwise complies with section 42; and\n(c) if a regulation prescribes a procedure to be followed in relation\nto the certification—follows the procedure.\n(6) A certifier may, by written notice, require the building licensee in\ncharge of the building work to conduct, on the materials used or to be\nused in the work, on the structure of the building, or in relation to\nanything else connected with the work, the tests stated in the notice.\n(6A) If a building licensee in charge of building work is required under\nsubsection (6) to conduct a test, the licensee must, as soon as\npracticable after the test is completed, give the certifier the written\nresults of the test.\n(7) A regulation may prescribe when a certifier must give the\nconstruction occupations registrar the following for building work:\n(a) a copy of each certificate for the building work issued under\nsubsection (2) (b) or (5) (a relevant certificate);\n(b) a copy of the following documents relating to the building work:\n(i) the notice given to the certifier by the building licensee\nunder section 43 (2);\n(ii) any notice given to the licensee by the certifier under\nsubsection (2) (a) or (6);\n(iii) a plan or drawing;\n(iv) any certificate or other document given or prepared by\nsomeone else that the certifier has relied on for the purpose\nof giving a relevant certificate;\n\n(v) the certifier’s working papers and calculations that are\nrelevant to the giving of a relevant certificate.\nNote If no time is prescribed under this subsection, the certifier must give the\ncopies to the construction occupations registrar under s 48 (Completion\nof building work).\n","sortOrder":71},{"sectionNumber":"45","sectionType":"section","heading":"Records of tests","content":"45 Records of tests\n(1) A building licensee in charge of building work must keep records\nof—\n(a) any test borings, test loadings or other investigations made to\nwork out the permissible loadings on piles used in the building\nwork, pile-driving operations, calculations of allowable\nloadings and details of the location of the piles; and\n(b) any test loadings and excavations made to work out the bearing\ncapacity of the foundation for the building or proposed building,\nor building as proposed to be altered; and\n(c) tests under section 44 (6).\n(2) A record under subsection (1)—\n(a) must be kept until a certificate of occupancy for the building\nwork is issued; and\n(b) must be given to the certifier when the certificate of occupancy\nis issued.\n","sortOrder":72},{"sectionNumber":"46","sectionType":"section","heading":"Safety precaution directions","content":"46 Safety precaution directions\n(a) building work for which a building approval has been issued is\nbeing carried out at or near a street or place that is open to or\nused by the public; and\n\n(b) a building inspector or certifier finds, on inspection, that\ninadequate safety precautions in relation to the building work\nare being taken to protect the safety of people using the street or\nplace.\n1 George is building a swimming pool on his property, but the property is not\nyet fenced and is open to the street.\n2 Building work is being done on an area of the ground floor of a building in\nCivic to which the public have access.\n(2) The building inspector or certifier may, in writing, give the building\nlicensee in charge of the building work directions about the safety\nprecautions that the inspector or certifier believes on reasonable\ngrounds are necessary to protect the safety of people using the street\nor place.\n(3) Subsection (2) applies—\n(a) whether or not safety precautions were submitted to the certifier\nwho issued the building approval; and\n(b) if safety precautions were submitted—whether or not those\nprecautions are being complied with.\n(4) The building licensee in charge of the building work must comply\nwith a direction under subsection (2).\n\n","sortOrder":73},{"sectionNumber":"47","sectionType":"section","heading":"Certifier may request engineer’s certificate","content":"47 Certifier may request engineer’s certificate\n(1) The owner of a parcel of land where building work is being, or has\nbeen, carried out must, if required by the certifier, give the certifier a\ncertificate by an engineer about either of the following:\n(a) the structural sufficiency, soundness and stability of the building\nas erected or altered for the purposes for which the building is\nto be occupied or used;\n(b) matters relating to the health, safety and amenity of the building\nthat may affect whether the building, as erected or altered for the\npurposes for which the building is to be occupied or used, is fit\nfor occupation or use.\n(2) For subsection (1), the engineer must be—\n(a) an engineer in the field for which the engineer is giving the\ncertificate; and\n(b) if the engineer is required to be registered as a professional\nengineer under the Professional Engineers Act 2023—\na professional engineer.\nExamples—par (a)\n1 An engineer giving a certificate about a matter mentioned in s 47 (1) (a) must\nbe a structural engineer.\n2 An engineer giving a certificate about a matter mentioned in s 47 (1) (b) that\nrelates to fire protection and safety must be a fire engineer.\n(3) The certifier may request a certificate only if satisfied on reasonable\ngrounds that it is desirable to do so in the interests of people who\noccupy or use, or are likely to occupy or use, the building or part of\nthe building that is being, or has been, erected or altered.\n(4) The certifier may request a certificate at any time before or after the\ncompletion of building work.\n\nCompletion of building work Division 3.6\nprofessional engineer—see the Professional Engineers Act 2023,\nsection 7.\n","sortOrder":74},{"sectionNumber":"48","sectionType":"section","heading":"Completion of building work","content":"48 Completion of building work\n(a) building work appears to the certifier to have been completed;\nand\n(i) the certifier is satisfied on reasonable grounds that the work\nhas been completed—\n(A) in accordance with this Act; and\n(B) in accordance with, or substantially in accordance\nwith, the approved plans; or\n(ii) the certifier is satisfied on reasonable grounds that—\n(A) the work has not been completed in accordance with\nthis Act; and\n(B) the work has been completed in accordance with, or\nsubstantially in accordance with, the approved plans\nor plans that have been approved plans for the work,\nbut are no longer approved plans in the circumstances\n(2) A regulation may prescribe when work is or is not substantially in\naccordance with approved plans.\n(3) Within 7 days after the day the certifier is satisfied, the certifier must\ngive to the construction occupations registrar the following:\n(a) if advice mentioned in section 27 (1) (b) was sought—\n(i) written evidence of the advice; or\n\n(ii) if the advice was not given within the time prescribed by\nregulation for giving it—a written statement by the certifier\nto the effect that the certifier is satisfied the advice was not\ngiven within the time;\nNote See s 36A (Requirement to give advice in relation to proposed\nbuilding work).\n(b) if consultation mentioned in section 27 (1) (b) was required—\n(i) written evidence of the response to the consultation; or\n(ii) if there has been no response to the consultation within the\ntime prescribed by regulation for giving a response—a\nwritten statement by the certifier to the effect that the\ncertifier is satisfied no response was given within the time;\n(c) if a consent or approval mentioned in section 27 (1) (b) was\nrequired to be obtained—written evidence of the consent or\napproval;\n(d) if compliance with a condition of a consent or approval\nprescribed by regulation was required—a written statement by\nthe certifier to the effect that the certifier is satisfied on\nreasonable grounds that the condition has been complied with;\n(e) a copy of any notice given to the certifier under section 43 (2);\n(f) a copy of each certificate issued for the building work under\nsection 44 (2) (b) or (5), unless the certifier has already given\nthe construction occupations registrar the copy in accordance\nwith this Act;\nNote 1 A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\nNote 2 A regulation may provide for the giving of copies of certificates at\nother times (see s 44 (7)).\n\nCompletion of building work Division 3.6\n(g) if the regulations require that, on completion of the building\nwork, the consent or approval of anyone is to be obtained—\nwritten evidence of the obtaining of the consent or approval;\n(h) either—\n(i) a certificate by the certifier that the building work has been\ncompleted in accordance with this Act and in accordance\nwith, or substantially in accordance with, the approved\nplans; or\n(ii) if subsection (1) (b) (ii) applies—a certificate prescribed\nby regulation;\n(i) if a certificate has been obtained under section 47 (Certifier may\nrequest engineer’s certificate)—the certificate;\n(j) if no certificate under section 47 (1) (a) has been obtained—a\nwritten statement to the effect that—\n(i) the certifier is satisfied that the building as erected or\naltered is structurally sufficient, sound and stable for the\npurposes for which it is to be occupied or used; and\n(ii) no certificate under section 47 is required;\n(k) if, in the certifier’s view, the requirements of section 69 (1), (2)\nor (3) (Certificates of occupancy) have been satisfied—written\nadvice that the registrar would be justified in issuing a certificate\nof occupancy for the building under section 69 (1), (2) or (3);\n(l) if, in the certifier’s view, section 69 (2B) applies—written\nadvice to that effect;\n(m) if, in the certifier’s view, building work involving the erection\nof a structure on or attached to land or a building has been\ncompleted in accordance with the prescribed requirements under\ndivision 5.1 for the building work—written advice that the\nregistrar would be justified in issuing a certificate for the\nbuilding work under section 72;\n\n(n) a copy of the following documents relating to the building work,\nunless the certifier has already given the construction\noccupations registrar the copy in accordance with this Act:\n(i) any application to the certifier under this Act and any\naccompanying document;\n(ii) all plans or drawings showing the completed building\nwork;\n(iii) any approval, certificate, determination, notification or\npermission issued or given (a relevant document);\n(iv) any certificate or other document given or prepared by\nsomeone else that the certifier has relied on for the purpose\nof issuing or giving a relevant document;\n(v) the certifier’s working papers and calculations that are\nrelevant to the issuing or giving of a relevant document.\n(4) The construction occupations registrar may, in writing, exempt a\ncertifier from complying, completely or partly, with anything\nmentioned in subsection (3) (i) in relation to building work stated in\nthe exemption.\n(5) A certifier is not required to give the construction occupations\nregistrar a copy of a document or paper mentioned in\nsubsection (3) (i) if—\n(a) the certifier has already given to the registrar, under this Act, the\ndocument or paper, or a copy of the document or paper; or\n(b) the registrar has exempted the certifier under subsection (4)\nfrom giving the copy.\n(6) If the certifier is required to give the construction occupations\nregistrar written evidence of something under this section—\n(a) the registrar may ask for further information relevant to the thing\nin relation to anything not dealt with, or not adequately dealt\nwith, in the written evidence; and\n\n(b) the certifier must give the registrar the further information not\nlater than 7 days after the day the registrar asked for it.\n(7) This section applies in relation to a part of a building in the same way\nas it applies to a building.\n","sortOrder":75},{"sectionNumber":"49","sectionType":"section","heading":"Complying with building code","content":"49 Complying with building code\n(a) is a licensed builder; and\n(b) carries out building work; and\n(c) either—\n(i) knows the building work does not, or will not, result in a\nbuilding that complies with the building code; or\n(ii) is reckless about whether the building work does or will\nresult in a building that complies with the building code.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n(a) the person is a licensed builder; and\n(b) the person carries out building work; and\n(c) the building work does not, or will not, result in a building that\ncomplies with the building code.\n(3) An offence against subsection (2) is a strict liability offence.\n\n(4) For an offence against subsection (2), building work is taken not to\nresult in a building that complies with the building code if, for any\nprovision of the building code with which the building must\ncomply—\n(a) the building does not, or will not, comply with the\ndeemed-to-satisfy provision of the building code; and\n(b) the approved plans for the building work do not state a\nperformance solution under the building code.\nA building that is being constructed has approved plans showing that the building\nwill comply with the performance standard for fire safety systems in the building\ncode by using the deemed-to-satisfy provisions. However, the parts of the fire safety\nsystem that have been installed do not comply with the deemed-to-satisfy\nprovisions. There is no approved performance solution for the building and so the\nbuilding work is taken not to result in a building that complies with the building\ncode.\nNote Although some provisions of the building code may not apply to a\nbuilding work, every provision of the building code that does apply to the\nbuilding work must be complied with.\n(5) A person commits an offence if the person—\n(a) carries out building work; and\n(b) intends to carry out the building work in a way that will not\nresult in a building that complies with the building code.\n(6) For this section, building work is taken to result in a building that\ncomplies with the building code if—\n(a) the building complies with the building code as in force at the\ntime the approved plans for the building work were approved;\nor\n\n(b) if there are no approved plans for the building work or approved\nplans are not required for the building work—the building\ncomplies with the building code as in force at the time the\nbuilding work is carried out.\n","sortOrder":76},{"sectionNumber":"50","sectionType":"section","heading":"Notification by certifier of contraventions of building and","content":"50 Notification by certifier of contraventions of building and\ndevelopment approvals—building work\n(1) A certifier commits an offence if—\n(a) a contravention of part 3 (Building work) or part 4 (Stop and\nother notices and demolition orders) or conduct that the certifier\nreasonably believes may be an offence under section 76\n(Occupation and use of buildings), section 77 (Use of buildings\nrestricted) or section 78 (Occupation and use of ex-government\nbuildings), comes to the notice of the certifier; and\n(b) the certifier does not tell the construction occupations registrar\nabout the contravention or conduct—\n(i) for a contravention in relation to building work that is\nfundamentally noncompliant—not later than the next\nworking day after the day the contravention comes to the\ncertifier’s attention; or\n(ii) in any other case—within 21 days after the day the\ncontravention or conduct comes to the certifier’s attention.\nNote Notice of a contravention given under this section is taken to be a\ncomplaint made under the Construction Occupations (Licensing)\nAct 2004, s 117.\n(2) Subsection (1) applies whether or not a notice under section 44 (2) (a)\n(Stage inspections) has been given in relation to the matter.\n\n(3) However, subsection (1) does not apply to a contravention in relation\nto building work only because the work does not comply with\nsection 42 (Requirements for carrying out building work) if—\n(a) the building work is not fundamentally noncompliant; and\n(b) the certifier gives the building licensee in charge of the building\nwork written notice that—\n(i) the work does not comply with section 42; and\n(ii) includes directions that are reasonable and appropriate for\nachieving compliance; and\n(iii) states the date that the noncompliance came to the\ncertifier’s attention; and\n(c) the certifier is satisfied on reasonable grounds that—\n(i) the building licensee in charge of the building work has\ndone what is reasonable and appropriate to achieve\ncompliance (even if what is done is not in accordance with\nthe directions in the notice); and\n(ii) the licensee achieved compliance within 14 days after the\ndate mentioned in paragraph (b) (iii).\nNote The certifier has the evidentiary burden of establishing the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) A regulation may prescribe when building work is fundamentally\nnoncompliant.\n\n","sortOrder":77},{"sectionNumber":"50A","sectionType":"section","heading":"Notification by certifier of possible noncompliant site","content":"50A Notification by certifier of possible noncompliant site\nwork\n(1) A certifier must tell the territory planning authority if—\n(a) the certifier suspects that—\n(i) site work does not comply with, or is likely to produce a\nbuilding that does not comply with, approved building\n(ii) the site work is development requiring development\n(i) there is no development approval for the site work; or\n(ii) if there is development approval in relation to the site\nwork—the site work has been done, or is likely to be done,\nin a way that will not comply with, or is likely to produce\na result that will not comply with, the development\n(c) the certifier is certifier for building work at the land where the\nsite work has been carried out.\n1 The certifier for building work for a residence on land notices that a large tree\non the land has been removed to build the residence. The approved plans for\nthe building work indicate that the tree exists and do not indicate that the tree\nis to be removed. The certifier suspects that removal of the tree required\ndevelopment approval and suspects that there is no development approval for\nthe tree’s removal. The certifier must report the suspicion.\n2 The certifier for building work on a parcel of land notices that formwork is\nbeing set up for a proposed concrete driveway on the same parcel. The\ndriveway requires development approval because of its location. The certifier\nsuspects there is no development approval for the driveway. The certifier must\nreport the suspicion.\nNote Notice of a suspicion of noncompliant site work given under this section\nis taken to be a complaint made under the Planning Act 2023, s 413.\n\n(2) Subsection (1) applies whether or not a notice under section 44 (2) (a)\n(Stage inspections) has been given in relation to the matter.\n(3) For subsection (1) (a) (ii), a certifier may rely on an exemption\nassessment D notice issued not more than 3 months earlier.\nNote An exemption assessment D notice states whether a development is\nexempt from requiring development approval (see Planning Act 2023,\ns 152 (2) (b) (i)).\n(4) Subsection (3) applies whether or not the exemption assessment D\nnotice was incorrect if the certifier was not aware, and could not\nreasonably have been aware, that the notice was incorrect.\n(5) To remove any doubt, for this section, a certifier is not required to—\n(a) inspect or investigate anything not associated with working out\nif a building or building work for which the certifier has been\nappointed certifier complies with this Act; and\n(b) work out if something complies, or does not comply, with a law\nother than this Act (unless this Act requires something to comply\nwith another law); and\n(c) find out whether there is development approval for building\n","sortOrder":78},{"sectionNumber":"50B","sectionType":"section","heading":"Site work without adequate development approval—","content":"50B Site work without adequate development approval—\npeople\n(1) A certifier who is a person commits an offence if—\n(a) the certifier issues a building approval or approves amended\n(b) the site work proposed in the approved plans requires\n\n(c) when the building approval is issued or the amended plans are\napproved, there is no development approval for the site work if\ncarried out in accordance with the plans.\nPlans for a house show the ground level around the house as relatively flat and level,\nand the house being not more than 9m tall at any point. The plans do not show\nstructural details, but receive development approval for construction of the house.\nStructural plans for the house that accompany the application for building approval\nshow the ground around the house slopes steeply and, because of this, one end of\nthe house is 10m tall.\nIf the house is built in accordance with the structural plans, the building work would\nnot have development approval because the development approval authorises\nbuilding work that is 9m tall and the house built in accordance with the structural\nplans is 10m tall. If the certifier issues the building approval, the certifier commits\nan offence.\n(2) A certifier who is a person commits an offence if—\n(a) the certifier issues a building approval or approves amended\n(b) the approved plans are defective because they—\n(i) contain information that is false or inaccurate in a material\nrespect; or\n(ii) omit information required to be shown in the plans; and\n(c) if the plans were not defective, the certifier would have\ncontravened subsection (1).\n\n(3) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if the defendant proves that the defendant—\n(a) took all reasonable steps to find out whether the site work, if\ncarried out in accordance with the approved plans, required\n(b) was satisfied on reasonable grounds that the development did\nnot require development approval.\n(4) For subsection (3) (b), a defendant is taken to be satisfied on\nreasonable grounds if the defendant proves that the defendant relied\non an exemption assessment D notice, issued not more than 3 months\nbefore the day the application for building approval was made, stating\nthat the development did not require development approval.\n(5) Subsection (4) applies whether or not the exemption assessment D\nnotice was incorrect, unless the prosecution establishes that the\ndefendant knew, or could reasonably be expected to have known, that\nthe notice was incorrect.\n(6) It is a defence to a prosecution for an offence against subsection (2)\nif the defendant proves that the defendant—\n(a) took all reasonable steps to find out if the approved plans were\ndefective; and\n(b) was satisfied on reasonable grounds that the plans were not\ndefective.\n(7) To remove any doubt, if a building approval indicates that something\nis not to have work done in relation to it, or is not part of the building\napproval, the certifier does not commit an offence under this section\nin relation to the thing.\n(8) An offence against subsection (1) or (2) is a strict liability offence.\n\n","sortOrder":79},{"sectionNumber":"50C","sectionType":"section","heading":"Site work without adequate development approval—","content":"50C Site work without adequate development approval—\npartners\n(1) Each partner commits an offence if—\n(a) the partnership is a certifier; and\n(b) the certifier issues a building approval or approves amended\n(c) the site work proposed in the approved plans requires\n(d) when the building approval is issued or the amended plans are\napproved, there is no development approval for the site work if\ncarried out in accordance with the plans.\nSee example for s 50B (1).\n(2) Each partner commits an offence if—\n(a) the partnership is a certifier; and\n(b) the certifier issues a building approval or approves amended\n(c) the approved plans are defective because they—\n(i) contain information that is false or inaccurate in a material\nrespect; or\n(ii) omit information required to be shown in the plans; and\n(d) if the plans were not defective, the certifier would have\ncontravened subsection (1).\n\n(3) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if a partner proves that the partnership—\n(a) took all reasonable steps to find out whether the site work, if\ncarried out in accordance with the approved plans, required\n(b) was satisfied on reasonable grounds that the development did\nnot require development approval.\n(4) For subsection (3) (b), a partnership is taken to be satisfied on\nreasonable grounds if a partner proves that the partnership relied on\nan exemption assessment D notice, issued not more than 3 months\nbefore the day the application for building approval was made, stating\nthat the development did not require development approval.\n(5) Subsection (4) applies whether or not the exemption assessment D\nnotice was incorrect, unless the prosecution establishes that at least 1\nof the partners knew, or could reasonably be expected to have known,\nthat the notice was incorrect.\n(6) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if the partner proves—\nsubsection involved in the offence; and\n(7) It is a defence to a prosecution for an offence against subsection (2)\nif a partner proves that the partnership—\n(a) took all reasonable steps to find out if the approved plans were\ndefective; and\n\n(b) was satisfied on reasonable grounds that the plans were not\ndefective.\n(8) To remove any doubt, if a building approval indicates that something\nis not to have work done in relation to it, or is not part of the building\napproval, the certifier does not commit an offence under this section\nin relation to the thing.\n(9) An offence against subsection (1) or (2) is a strict liability offence.\n","sortOrder":80},{"sectionNumber":"51","sectionType":"section","heading":"Carrying out building work in contravention of s 42","content":"51 Carrying out building work in contravention of s 42\n(1) A licensed builder commits an offence if—\n(a) the builder carries out building work on a parcel of land; and\nunder section 42.\n(2) For subsection (1), building work is taken to be carried out in\ncompliance with section 42 (1) (d) if the builder had been issued with\nan exemption assessment B notice, stating that the building work was\nexempt from requiring building approval, not more than 3 months\nbefore the day the building work began.\n(3) An offence against subsection (1) is a strict liability offence.\n(4) A licensed builder commits an offence if—\n(a) the builder carries out building work on a parcel of land; and\n(c) the builder either—\n(i) knew that the building work was not carried out in\ncompliance with section 42; or\n\n(ii) was reckless about whether the building work was carried\nout in compliance with section 42.\n(5) A person commits an offence if—\n(a) the person—\n(i) carries out building work on a parcel of land; or\n(ii) is the owner of the parcel of land on which building work\nis carried out; and\n(c) the person—\n(i) if the person carried out the building work—intended to\ncarry out the building work in a way that did not comply\nwith the requirements under section 42.\n(ii) if the person is the owner of the parcel of land—intended\nto have the building work carried out in a way that did not\ncomply with section 42.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n\n","sortOrder":81},{"sectionNumber":"Part 4","sectionType":"part","heading":"Stop and other notices and","content":"Part 4 Stop and other notices and\ndemolition orders\n","sortOrder":82},{"sectionNumber":"52","sectionType":"section","heading":"Definitions—pt 4","content":"52 Definitions—pt 4\ncustodian—see the Planning Act 2023, dictionary.\neasement includes an area of land identified as an easement for\nelectricity, telecommunication, water, drainage and sewerage\nservices in, on or over the land on—\n(a) the land titles register; or\n(b) a deposited plan under the Districts Act 2002.\n","sortOrder":83},{"sectionNumber":"53","sectionType":"section","heading":"Stop notices","content":"53 Stop notices\n(1) This section applies if building work is being, or is to be, carried\nout—\n(a) without a building approval having been issued for the work; or\n(b) otherwise than in accordance with the approved plans for the\nbuilding work; or\n(c) in accordance with a building approval that is, or part of which\nis, defective because it contains information that—\n(i) is false, misleading or inaccurate in a material respect; or\n(ii) conflicts with other information in the approval so that\ncarrying out building work, or site work that materially\naffects the building work, in accordance with the approval\nor part—\n(A) is not physically possible; or\n(B) is unlikely to be physically possible without\namending the building approval; or\n\n(C) is likely to contravene this Act, another territory law\nor a condition of a consent that applies to the building\nwork or a lease, licence, permit or other authority that\napplies to the land where the building work is being\ncarried out; or\n(d) contrary to a provision of this Act relating to the building work;\nor\n(e) if the building work is being carried out on a parcel of land held\nunder lease from the Commonwealth—contrary to a provision,\ncovenant or condition of the lease; or\n(f) for building work forming part of a development requiring\ndevelopment approval—without development approval; or\n(g) for building work forming part of a development with\ndevelopment approval—contrary to the approval, or a condition\nof the approval; or\n(h) for building work for an exempt building—so that the building,\nor part of the building, is or will be on an easement.\nExamples of building work\n1 The footings of a building have been poured and are setting. The footings are\non an easement. A stop notice can be issued for the building work continuing\non top of the footings.\n2 A concrete truck is about to deliver concrete to a building site for which there\nneeds to be an approved plan, although there is no plan. A stop notice can be\nissued for the building work to be done.\n(2) The construction occupations registrar, a building inspector or a\ncertifier may, by written notice (a stop notice), prohibit the carrying\nout of any further building work or of stated building work.\n\n(3) A stop notice in relation to building work under a building approval\nsuspends the operation of the building approval—\n(a) if the stop notice prohibits the carrying out of any further\nbuilding work—in relation to all building work under the\napproval; or\n(b) if the stop notice prohibits the carrying out of stated building\nwork—in relation to the stated building work.\n(4) A stop notice ends if—\n(a) the entity that gave the stop notice cancels the stop notice in\nwriting signed by the entity; or\n(b) the grounds for giving the stop notice no longer exist; or\n(c) the stop notice is cancelled under section 55 (Application by\nland owner for cancellation of stop notice) or section 57\n(Decision on application by other than land owner).\nExamples for par (b)\n1 if the ground for issue of the notice was s (1) (a)—an approval has been issued\nfor the work\n2 if the ground for issue of the notice was s (1) (b)—the building work that was\nnot in accordance with the approval has been removed so that the remaining\nwork complies with the existing building approval or a new approval has been\nobtained that allows the building work\n3 if the ground for issue of the notice was s (1) (d)—if the grounds of the\ncontravention were that the building work was being carried out by a person\nwithout a builders licence, an appropriately licensed builder continues the\nbuilding work\n4 if the ground for issue of the notice was s (1) (e)—the building work that was\nnot in accordance with the lease is removed or the lease varied to allow the\nwork\n5 if the ground for issue of the notice was s (1) (f)—the approval is obtained\n\n6 if the ground for issue of the notice was s (1) (g)—the building work that was\nnot in accordance with the approval is removed or the approval varied to allow\nthe work\n7 if the ground for issue of the notice was s (1) (h)—the building work that was\non the easement is removed or the easement is changed to allow the work\n(5) A stop notice may not be issued on a ground mentioned in subsection\n(1) (a), (b) or (c) for work in relation to an exempt building.\n(6) To remove any doubt, the ending of a stop notice ends the suspension\nof any building approval suspended because of the stop notice.\nNote A stop notice automatically suspends a building approval (see s (3)).\n","sortOrder":84},{"sectionNumber":"53A","sectionType":"section","heading":"Stop notices—display of sign","content":"53A Stop notices—display of sign\n(1) This section applies if a stop notice has been issued under section 53\nin relation to building work on a parcel of land.\n(2) If the construction occupations registrar is satisfied on reasonable\ngrounds that it is necessary or desirable to protect the public, the\nregistrar may display a sign on or near the parcel of land, stating that\na stop notice has been issued in relation to building work on the parcel\nof land.\n(3) A sign under this section must comply with any requirement\naccess to the sign; and\n(c) the construction occupations registrar has not authorised the\nperson to move, alter, damage, deface, cover or prevent access\nto the sign.\n\n","sortOrder":85},{"sectionNumber":"54","sectionType":"section","heading":"Building work allowed under stop notice","content":"54 Building work allowed under stop notice\n(1) This section applies if a stop notice has been issued in relation to\n(2) The stop notice does not prevent building work that does not, or\nwould not, contravene this Act apart from the stop notice if—\n(a) the only purpose of the work (rectification work) is to fix or\nreverse the building work that caused the stop notice to be\nissued; or\n(b) the work is necessary to ensure rectification work is carried out\nsafely.\n1 A stop notice is issued in relation to an extension on a house, which does not\ncomply with the building code. The extension may be pulled down, but the\nrest of the house may not.\n2 A garage has been built partly on an easement. If it is decided to make the\ngarage smaller so it is not on the easement, the building of temporary supports\nnecessary to support the roof and ensure the safety of the rest of the garage\nwhile the garage is made smaller is building work allowed to be done despite\nthe stop notice.\nNote A stop notice suspends a building approval in relation to all or stated\nbuilding work under the approval (see s 53 (2A)). This means that\nbuilding work that contravenes this Act unless done in accordance with a\nbuilding approval contravenes this Act if a stop notice has suspended the\n","sortOrder":86},{"sectionNumber":"55","sectionType":"section","heading":"Application by land owner for cancellation of stop notice","content":"55 Application by land owner for cancellation of stop notice\n(1) This section applies if a stop notice has been given in relation to\nbuilding work on a parcel of land, regardless of who gave the notice.\n(2) The owner of the parcel of land may apply in writing to the\nconstruction occupations registrar for cancellation of the stop notice,\ngiving reasons why the notice should be cancelled.\nNote The ordinary rules of agency apply in relation to an application under this\n\n(3) Before making a decision on the application, the construction\noccupations registrar must consider—\n(a) the application; and\n(b) the reasons why the stop notice was given; and\n(c) the current state of the building work to which the notice relates.\n(4) The construction occupations registrar may cancel the stop notice if\nsatisfied that the cancellation will not endanger the public or people\nwho will use the building on which the building work is being, or is\nto be, done or affect public confidence about the standard of building\nwork in the ACT.\n","sortOrder":87},{"sectionNumber":"56","sectionType":"section","heading":"Application other than by land owner for cancellation of","content":"56 Application other than by land owner for cancellation of\nstop notice\n(1) This section applies if a stop notice has been given in relation to\nbuilding work on a parcel of land, regardless of who gave the notice.\n(2) A person other than the owner of the parcel of land may apply in\nwriting to the construction occupations registrar for cancellation of\nthe stop notice, giving reasons why the notice should be cancelled.\n(3) On receiving an application, the construction occupations registrar\nmust—\n(a) give the owner of the parcel of land a copy of the application;\nand\n(b) tell the owner in writing that the owner may, within 2 weeks\nafter the day the owner is given the copy of the application—\n(i) make written comments on the merits of the application; or\n(ii) tell the registrar in writing that the owner does not object\nto cancellation of the stop notice.\n\n","sortOrder":88},{"sectionNumber":"57","sectionType":"section","heading":"Decision on application by other than land owner","content":"57 Decision on application by other than land owner\n(a) a person has made an application under section 56 in relation to\na stop notice; and\n(b) the construction occupations registrar has given the owner of the\nparcel of land to which the stop notice relates a copy of the\napplication and the information required under section 56 (3)\n(b); and\n(c) either—\n(i) the owner has told the registrar in writing that the owner\ndoes not object to cancellation of the stop notice; or\n(ii) the 2-week period for making written comments on the\nmerits of the application has ended.\n(2) Before making a decision on the application, the construction\noccupations registrar must consider—\n(a) the application; and\n(b) the reasons why the stop notice was given; and\n(c) any written comments from the owner given to the registrar\nwithin the 2-week period; and\n(d) the current state of the building work to which the notice relates.\n(3) The construction occupations registrar may cancel the stop notice if\nsatisfied that the cancellation will not endanger the public or people\nwho will use the building on which the building work is being, or is\nto be, done or affect public confidence about the standard of building\nwork in the ACT.\n\n(4) To remove any doubt, the cancellation of a stop notice ends the\nsuspension of any building approval suspended because of the stop\nNote A stop notice automatically suspends a building approval (see s 53 (3)).\n","sortOrder":89},{"sectionNumber":"58","sectionType":"section","heading":"Further notices relating to stop notices","content":"58 Further notices relating to stop notices\n(1) This section applies if a stop notice has been given on a ground other\nthan a ground mentioned in section 53 (1) (a) (which is about building\nwork for which there is no approval).\n(2) Within 7 days after the day the stop notice is given, the construction\noccupations registrar may, by a further written notice, state the\nbuilding work (including demolition) that is required to be carried out\nto ensure that the building work for which the building approval was\nissued will be carried out in accordance with the approved plans and\nthe provisions of this Act.\n(3) The further notice must state the period within which the building\nwork stated in the notice must be carried out.\n(4) However, if the ground for the stop notice is mentioned in\nsection 53 (1) (g) (which is about building work that does not comply\nwith an approval), the construction occupations registrar may give a\nnotice under this section to carry out the demolition of a building only\nif the territory planning authority recommends giving the notice.\n(5) Any building work done by a person to comply with a notice under\nthis section is taken not to contravene the stop notice.\n(6) A notice issued under this section ends if the ground for the issue of\nthe stop notice to which it relates no longer exists.\n\n","sortOrder":90},{"sectionNumber":"59","sectionType":"section","heading":"Service of stop notices and further notices","content":"59 Service of stop notices and further notices\nA notice under section 53 or section 58 may be given to—\n(a) the owner of the parcel of land where the building work\nmentioned in the notice is being, or is to be, carried out; or\n(b) the person by whom the building work mentioned in the notice\nis being, or is to be, carried out or, if the building work is being\ncarried out by a partnership, any partner; or\n(c) for a stop notice—\n(i) any person carrying out building work mentioned in the\nnotice; or\n(ii) if the building work is being carried out by a partnership,\nany partner; or\n(d) any 2 or more of the people, jointly, to whom the notice may be\ngiven under paragraph (a), (b) or (c).\nNote See s 144 for service of notices.\n","sortOrder":91},{"sectionNumber":"59A","sectionType":"section","heading":"Stop notices register","content":"59A Stop notices register\n(1) The construction occupations registrar must keep a register of stop\nnotices (the stop notices register).\n(2) The stop notices register may be kept in any form, including\nelectronically, that the construction occupations registrar decides.\n(3) The construction occupations registrar must include the following\ninformation about a stop notice issued under section 53:\n(a) the name of the person to whom the stop notice was issued;\n(b) the date the stop notice was issued;\n(c) the building work to which the stop notice relates;\n(d) the address of the parcel of land where the building work is\nbeing, or is to be, carried out;\n\n(e) the reason the stop notice was issued;\n(f) anything else the construction occupations registrar considers\nrelevant.\n(4) The stop notices register must also include the information mentioned\nin subsection (3) in relation to a stop notice issued in the period\nbeginning on the day 10 years before the construction occupations\nregistrar most recently updates the register, if the information is\navailable.\n(5) The construction occupations registrar may make available to the\npublic information that is included in the register if the registrar is\nsatisfied on reasonable grounds that publishing the information is—\n(a) appropriate; and\n(b) necessary or desirable to protect the public.\n(6) However, the construction occupations registrar must not make\navailable to the public personal information, or other information\nabout a stop notice, if the registrar—\n(a) is satisfied on reasonable grounds that making the information\navailable is not necessary or desirable to protect the public; or\n(b) believes it would be inappropriate or illegal to disclose the\ninformation.\n(7) The construction occupations registrar may include information on\nthe stop notices register about a stop notice issued in relation to\nbuilding work on a parcel of land and make the information available\nto the public under subsection (5), whether or not—\n(a) the owner of the parcel of land or someone else has applied to—\n(i) the registrar for cancellation of the stop notice under\nsection 55 or section 56; or\n(ii) the ACAT for review of the decision to issue the stop\nnotice; or\n\n(b) the time for making an application under section 55 or\nsection 56 has ended; or\n(c) the time for applying to the ACAT for review of a decision under\nsection 53 has ended.\n(8) However, the construction occupations registrar must update\ninformation mentioned in subsection (3) and made available to the\npublic under subsection (5) not later than the end of the next working\nday after the day—\n(a) the stop notice is lifted and the registrar is satisfied on reasonable\ngrounds that making information about the stop notice available\nto the public is no longer necessary or desirable to protect the\npublic; or\n(b) the registrar receives a direction from the ACAT or a court about\nremoving information from the register.\n","sortOrder":92},{"sectionNumber":"61","sectionType":"section","heading":"Preconditions for s 62 notice","content":"61 Preconditions for s 62 notice\nEach of the following is a precondition for the giving of a notice under\nsection 62 (Notice to carry out building work):\n(a) building work has been carried out without a building approval\nrequired for the work;\n(b) building work for which a building approval has been given has\nbeen carried out in contravention of section 42 (Requirements\nfor carrying out building work), or otherwise than in accordance\nwith section 43 (Stages of building work);\n(c) building work, in relation to which a notice has been served\nunder this part, has been carried out otherwise than in\naccordance with the notice;\n(d) demolition of a building, in relation to which a demolition order\nhas been issued under section 63A (Demolition orders—\naffected residential premises and eligible impacted property) has\nbeen carried out otherwise than in accordance with the order;\n\n(e) building work has been carried out on a parcel of land held under\nlease from the Commonwealth, contrary to a provision,\ncovenant or condition of the lease;\n(f) building work forming part of a development requiring\ndevelopment approval has been carried out without\ndevelopment approval;\n(g) building work forming part of a development with development\napproval has been carried out contrary to the approval, or a\ncondition of the approval;\n(h) building work in relation to an exempt building has been carried\nout so that the building or part of the building is, or will, be on\nan easement;\n(i) the construction occupations registrar is satisfied, on reasonable\ngrounds, that—\n(i) for a building if plans or plans and specifications in relation\nto its erection or alteration have been approved under this\nAct—the completed building has deteriorated, or is likely\nto deteriorate, so that the building is, or is likely to become,\nunfit for use as a building of the class stated, or for the\npurpose stated in the plans or plans and specifications\napproved for the most recent building work carried out in\nrelation to the building; or\n(ii) for a building other than a building of a kind mentioned in\nsubparagraph (i)—the completed building has deteriorated,\nor is deteriorating, so that the building is, or is likely to be,\nunfit for any kind of use; or\n(iii) building work has not been completed when the building\napproval for the building work ended; or\n(iv) a building or part of a building is not structurally sound; or\n(v) the maximum safe live load, or the load that a building was\ndesigned to carry, has been exceeded; or\n\n(vi) injury to people or damage to property may result from a\npart of a building becoming detached because of the\nexternal condition of the building; or\n(vii) a building or part of a building is unsafe because of fire\nhazard or unfit for use because of a danger to health.\n","sortOrder":93},{"sectionNumber":"62","sectionType":"section","heading":"Notice to carry out building work","content":"62 Notice to carry out building work\n(1) If a precondition under section 61 exists in relation to building work\non a parcel of land, the construction occupations registrar may give\nthe owner of the parcel a notice directing the owner to carry out stated\nbuilding work (including demolition) on the parcel within a stated\nperiod and may, in the notice, direct the owner to submit plans for\napproval and obtain the issue of a building approval and\ncommencement notice.\n(2) If building work has been carried out in the circumstances mentioned\nin section 61 (a), a notice given by the construction occupations\nregistrar under subsection (1) is taken to have been revoked if a\ncertifier, on application by or on behalf of the owner of the parcel of\nland made under this Act within 2 weeks after the day the notice is\ngiven, issues a building approval for the building work.\n(3) If building work has been carried out in the circumstances mentioned\nin section 61 (g), the construction occupations registrar may give a\nnotice under this section to carry out the demolition of a building only\nif the territory planning authority recommends the demolition.\n(4) A notice given to the owner of a parcel of land by the construction\noccupations registrar under subsection (1) directing the person to\ncarry out building work may state reasonable safety precautions to be\ntaken in carrying out the building work.\n\n(5) If the owner of a parcel of land does not hold a builders licence that\nauthorises the doing of building work required to be done by a notice\nunder this section, and the building work is required to be done by a\nbuilding licensee, the owner must appoint someone to do the work\nwho has a builders licence that authorises the work.\n(6) This section does not allow the construction occupations registrar to\nrequire a person doing building work in relation to an exempt building\nto obtain an approval for the building work.\n","sortOrder":94},{"sectionNumber":"63","sectionType":"section","heading":"Payment of fees otherwise payable","content":"63 Payment of fees otherwise payable\n(1) This section applies if the owner of a parcel of land—\n(a) is directed by a notice under section 62 (1) to carry out building\nwork (other than demolition); and\n(b) the notice contains no requirements about the approval of plans\nor the obtaining of a building approval.\n(2) The owner of the parcel of land must give the construction\noccupations registrar the fees that would have been payable to the\nregistrar if the owner had been required to submit plans for approval\nand that would have been payable to the registrar by the certifier for\na building approval in relation to that building work.\n","sortOrder":95},{"sectionNumber":"63A","sectionType":"section","heading":"Demolition orders—affected residential premises and","content":"63A Demolition orders—affected residential premises and\neligible impacted property\n(1) This section applies to the following buildings:\n(a) a building that—\n(i) is listed on the affected residential premises register; and\n(ii) is—\n(A) vested in, or subject to the control of, the Territory; or\n(B) acquired by the Territory under the buyback scheme;\n\n(b) a building that—\n(i) is an eligible impacted property; and\n(ii) is acquired by the Territory under the eligible impacted\nproperty buyback program.\n(2) The custodian of the land on which the building is located may apply\nto the construction occupations registrar for an order (a demolition\norder) to demolish the building.\n(3) Before applying to the construction occupations registrar for a\ndemolition order, the custodian of the land on which the building is\nlocated must consult with the relevant directors-general in relation\nto—\n(a) the asbestos removal control plan (if required); and\nNote Asbestos removal control plan—see the dictionary.\n(b) the waste management plan.\n(4) An application must be accompanied by—\n(a) details of the methods to be used in carrying out the demolition,\nincluding a work plan in accordance with AS 2601 (The\ndemolition of structures), as in force from time to time; and\n(b) the plans for the demolition, prepared in accordance with the\nprescribed requirements; and\n(c) for a building mentioned in subsection (1) (a)— a copy of the\nasbestos assessment report for premises to which the demolition\nrelates; and\n(d) the asbestos removal control plan (if required); and\n(e) the waste management plan; and\n(f) if a regulation prescribes that an entity’s advice on the\napplication must be sought—the entity’s advice.\n\n(5) The construction occupations registrar may issue a demolition order\nfor demolition of the building if satisfied on reasonable grounds\nthat—\n(a) the consultation required under subsection (3) has happened;\nand\n(b) a building approval is not necessary.\nExample—building approval is necessary\nThe demolition of half a duplex has complex safety issues. The construction\noccupations registrar is not satisfied that the demolition can be carried out safely\nwithout inspection and certification by a certifier. As the registrar is not satisfied\nthat a building approval is necessary, the registrar may not issue a demolition\n(6) The construction occupations registrar may be satisfied on reasonable\ngrounds that the consultation required under subsection (3) has\nhappened if—\n(a) a copy of the asbestos removal control plan (if required) and the\nwaste management plan is given to the relevant directors-\ngeneral; and\n(b) 10 working days have elapsed after the day the copy was given.\n(7) A demolition order is in force for 2 years after the day the order is\nissued.\n(8) The Legislation Act, section 47 (6) does not apply in relation to an\nAustralian Standard, or an Australian/New Zealand Standard,\napplied, adopted or incorporated as in force from time to time under\nthis section.\nNote The standard may be purchased at www.standards.org.au.\n(9) In this section:\naffected residential premises register—see the Dangerous\nSubstances Act 2004, section 47P (1).\n\nbuyback scheme—see the Dangerous Substances Act 2004,\nsection 47I.\neligible impacted property—see the Civil Law (Sale of Residential\nProperty) Act 2003, section 9A (1).\neligible impacted property buyback program—see the Civil Law\n(Sale of Residential Property) Act 2003, section 9A (1).\nrelevant directors-general means the following:\n(a) the director-general of the administrative unit responsible for\nmunicipal services;\n(b) the director-general of the administrative unit responsible for the\nDangerous Substances Act 2004;\n(c) the director-general of the administrative unit responsible for the\nWork Health and Safety Act 2011.\n","sortOrder":96},{"sectionNumber":"63B","sectionType":"section","heading":"When demolition orders not to be issued—advice on","content":"63B When demolition orders not to be issued—advice on\nreferral\n(1) This section applies to an application to the construction occupations\nregistrar for a demolition order if—\n(a) a regulation requires the advice of an entity to be sought on the\n(b) the entity’s advice has been given as prescribed by regulation.\n(2) The construction occupations registrar must not issue the demolition\norder unless satisfied on reasonable grounds that—\n(a) issuing the demolition order would be consistent with the\nentity’s advice; or\n(b) the advice is not advice that the entity is authorised by regulation\nto give.\n\n(3) If an entity’s advice must be sought on an application to the\nconstruction occupations registrar for a demolition order, a regulation\nmay prescribe the following:\n(a) the advice the entity may give;\n(b) when the advice of the entity must be given;\n(c) anything else in relation to the advice.\n","sortOrder":97},{"sectionNumber":"63C","sectionType":"section","heading":"Requirement to give advice in relation to proposed","content":"63C Requirement to give advice in relation to proposed\ndemolition\n(a) an entity’s advice on an application for a demolition order has\nbeen sought as prescribed by regulation; and\nNote See s 63B (3) (When demolition orders not to be issued—advice\non referral).\n(b) the entity—\n(i) has given advice on the application; or\n(ii) has not given advice within the time prescribed for giving\nthe advice; and\n(c) the construction occupations registrar has issued the demolition\norder; and\n(d) the plans for the demolition are substantially consistent with the\nadvice.\n(2) For this section, if an entity fails to give advice sought within the time\nprescribed by regulation in relation to the application for a demolition\norder referred to the entity, the entity is taken to have given advice\nthat the entity supports the application.\n\n(3) The entity must not act inconsistently with the advice in relation to\nthe application for the demolition order unless—\n(a) further information in relation to the demolition proposed in the\napplication comes to the entity’s attention (other than\ninformation mentioned in subsection (4)); and\n(b) the entity did not have the further information when the entity\ngave the advice; and\n(c) the further information is relevant to the advice the entity gave;\nand\n(d) the entity would have given different advice if the entity had the\nfurther information before giving the advice.\n(4) Subsection (3) (a) does not apply to further information in relation to\nthe demolition proposed in the application for the demolition order if\nthe information—\n(a) was not required in the application; and\n(b) is required by the entity after the demolition order is made; and\n(c) is consistent in all significant respects with information already\nprovided by the applicant, except that it is more detailed.\n(5) For this section, an entity acts inconsistently with advice in relation\nto an application for a demolition order if—\n(a) the advice is that the entity will issue or give an approval or other\nthing in relation to the demolition order; and\n(b) the demolition order is made; and\n(c) the entity—\n(i) does not issue or give the approval or other thing consistent\nwith the advice; or\n\n(ii) issues or gives the approval or other thing in a way, or\nsubject to a condition, that prevents the applicant carrying\nout the demolition under the demolition order.\n(6) Also for this section, an entity acts inconsistently with advice in\nrelation to an application for a demolition order if—\n(a) the advice is that an activity to which the application relates does\nnot require a particular authorisation (however described); and\n(b) the entity prosecutes someone, or takes other compliance action,\nin relation to the activity because the activity is carried out\nwithout the particular authorisation.\n(7) Also for this section, an entity acts inconsistently with advice in\nrelation to an application for a demolition order if the entity—\n(a) refuses to do something required to be done by the entity to\nallow the applicant to carry out the demolition under the\ndemolition order; or\n(b) does something in a way, or subject to a condition, that prevents\nthe applicant from carrying out the demolition under the\ndemolition order.\n","sortOrder":98},{"sectionNumber":"63D","sectionType":"section","heading":"Demolition orders—application of pt 3","content":"63D Demolition orders—application of pt 3\n","sortOrder":99},{"sectionNumber":"Part 3","sectionType":"part","heading":"(Building work), other than section 42 (1) (c),","content":"Part 3 (Building work), other than section 42 (1) (c),\nsection 42 (1) (f) (ii) and section 42 (2), does not apply to the\ndemolition of a building if—\n(a) the construction occupations registrar has issued a demolition\norder to demolish the building; and\n(b) the order is in force; and\n(c) the demolition is carried out in accordance with the demolition\norder.\n\n","sortOrder":100},{"sectionNumber":"63E","sectionType":"section","heading":"Completion of demolition work—affected residential","content":"63E Completion of demolition work—affected residential\npremises and eligible impacted property\n(1) This section applies if a building the subject of a demolition order has\nbeen demolished.\n(2) The custodian of the land on which the building was located may\napply to the construction occupations registrar for a certificate to the\neffect that the demolition has been carried out in accordance with the\ndemolition order (a demolition certificate).\n(3) The construction occupations registrar may, by written notice, ask the\ncustodian of the land on which the building was located, for further\ninformation in relation to the demolition.\n(4) The construction occupations registrar must issue a demolition\ncertificate if the construction occupations registrar is satisfied that—\n(a) any further information required under subsection (3) has been\nprovided; and\n(b) the demolition has been carried out in accordance with the\ndemolition order.\n","sortOrder":101},{"sectionNumber":"64","sectionType":"section","heading":"Compliance with notices under pt 4","content":"64 Compliance with notices under pt 4\n(a) is given a notice under this part; and\n(b) contravenes the notice.\n(2) Each partner commits an offence if the partnership—\n(a) is given a notice under this part; and\n(b) contravenes the notice.\n\n(4) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if the defendant proves that the defendant—\n(a) paid a reasonable amount to have the work done by someone\nelse who was licensed to do the work; and\n(b) believed on reasonable grounds that the other person would do\nthe work.\n(5) It is a defence to a prosecution for an offence against subsection (2)\nif the partner proves—\nnotice involved in the offence; and\n\n","sortOrder":102},{"sectionNumber":"Div 5","sectionType":"division","heading":"1 Certificates of occupancy and other","content":"Division 5.1 Certificates of occupancy and other\ncertificates\n","sortOrder":103},{"sectionNumber":"66","sectionType":"section","heading":"Meaning of prescribed requirements—div 5.1","content":"66 Meaning of prescribed requirements—div 5.1\nprescribed requirements, in relation to building work, means—\n(a) if the building work involves handling asbestos or disturbing\nfriable asbestos—the requirements of—\n(i) this Act; and\n(ii) the Work Health and Safety Act 2011; or\n(b) for any other building work—the requirements of this Act.\nmade or in force under the Act, including any regulation and the building\ncode (see Legislation Act, s 104).\n","sortOrder":104},{"sectionNumber":"66A","sectionType":"section","heading":"Prescribed requirements and contraventions of s 43—","content":"66A Prescribed requirements and contraventions of s 43—\ndiv 5.1\n(1) This section applies to building work undertaken in contravention of\nsection 43 (Stages of building work).\n(2) To remove any doubt, for this division, the building work is not taken\nnot to comply with the requirements of this Act only because doing\nthe work contravened section 43 if the work has been allowed to\nproceed beyond the stage where the contravention happened in\naccordance with a regulation under section 43 (1).\n\n","sortOrder":105},{"sectionNumber":"67","sectionType":"section","heading":"Registrar may have regard to documents given","content":"67 Registrar may have regard to documents given\n(1) In working out whether building work has been completed in\naccordance with the prescribed requirements, the construction\noccupations registrar may have regard to certificates and other\ndocuments given to the registrar by a certifier under section 48.\n(2) To remove any doubt, this section does not limit the matters that the\nconstruction occupations registrar may reasonably have regard to.\n","sortOrder":106},{"sectionNumber":"68","sectionType":"section","heading":"Effect of certificates under div 5.1","content":"68 Effect of certificates under div 5.1\nThe giving of a certificate under this division in relation to a building\nor part of a building does not affect the liability of anyone to comply\nwith the provisions of a territory law (including this Act) in relation\nto the building or part of the building.\n","sortOrder":107},{"sectionNumber":"69","sectionType":"section","heading":"Certificates of occupancy","content":"69 Certificates of occupancy\n(1) The construction occupations registrar must issue a certificate of\noccupancy for building work that involves the erection or alteration\nof a building if, on application by the owner of the parcel of land\nwhere the building work was carried out, the registrar is satisfied\nthat—\n(a) the building work has been completed in accordance with the\nprescribed requirements for the building work; and\n(b) the building as erected or as altered is fit for occupation and use\nas a building of the class stated in the approved plans for that\nNote 1 If the building work only involved erecting part of a building, see s (3).\nNote 2 Power to make a decision includes power to reverse or change the\ndecision (see Legislation Act, s 180).\n\n(2) If building work involving the erection or alteration of a building as\ncompleted is not strictly in accordance with the prescribed\nrequirements for the building work but is substantially in accordance\nwith the requirements, the construction occupations registrar may, on\napplication made by the owner of the parcel of land where the\nbuilding work has been carried out, issue a certificate that the building\nas erected or as altered is fit for occupation and use as a building of\nthe class stated in the approved plans for that building work.\n(2A) The owner of a parcel of land where building work was carried out\nmay apply for a certificate under subsection (2B).\n(2B) The construction occupations registrar may issue a certificate in\nrelation to a building that the building as erected or altered is fit for\noccupation and use as a building of the class stated in the certificate\nif—\n(a) the registrar is not satisfied on reasonable grounds that building\nwork involving the erection or alteration of the building has been\ncompleted in accordance, or substantially in accordance, with\nthe prescribed requirements for the building work; and\nNote Prescribed requirements—see s 66.\n(b) the applicant has completed any certification process prescribed\nby regulation in relation to the building or building work; and\n(c) the building, or building work, is not excluded by regulation\nfrom this subsection.\n(2C) A certificate mentioned in subsection (2B) in relation to a building\nmust include a statement to the effect that—\n(a) the construction occupations registrar is not satisfied on\nreasonable grounds that building work involving the erection or\nalteration of the building has been completed in accordance, or\nsubstantially in accordance, with the prescribed requirements for\nNote Prescribed requirements—see s 66.\n\n(b) the giving of the certificate does not affect the liability of anyone\nto comply with the provisions of a territory law (including this\nAct) in relation to the building; and\nNote See s 68 (Effect of certificates under div 5.1).\n(c) part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates) may not apply to\nthe building work.\n(3) If part of a building has been erected in accordance with the\nprescribed requirements so far as they relate to the part of the\nbuilding, the construction occupations registrar may, on an\napplication made by the owner of a parcel of land where the building\nis being erected, issue a certificate that the part of the building is fit\nfor occupation and use as a part of a building of the class stated in the\napproved plans in relation to the building work.\n(a) matters that must be considered by the construction occupations\nregistrar in deciding whether a building is fit for occupation and\nuse; and\n(b) requirements that must be satisfied before a certificate of\noccupancy may be issued.\nNote 1 Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\nNote 2 Unless prescribed by regulation, the construction occupations registrar is\nnot required to conduct a physical inspection of a building or a detailed\naudit of the approved plans or other submitted documents in deciding\nwhether to issue a certificate of occupancy.\n\n","sortOrder":108},{"sectionNumber":"70","sectionType":"section","heading":"Cancellation of part certificate of occupancy","content":"70 Cancellation of part certificate of occupancy\n(a) a certificate of occupancy has been issued under section 69 (3)\nfor a part of a building; and\n(b) the construction occupations registrar, on completion of the\nwhole of the building work, issues a certificate of occupancy for\nthe whole of the building.\n(2) The construction occupations registrar must cancel the certificate of\noccupancy that relates to the part of the building.\n","sortOrder":109},{"sectionNumber":"70A","sectionType":"section","heading":"Completion of building work involving demolition","content":"70A Completion of building work involving demolition\n(a) building work involving the demolition of a building appears to\nhave been completed; and\n(b) the certifier for the building work is satisfied on reasonable\ngrounds that the work has been completed in accordance with\nthe prescribed requirements for the work.\n(2) Within 7 days after the day the certifier is satisfied, the certifier must\ngive the construction occupations registrar written advice that the\nregistrar would be justified in issuing a certificate for the building\nwork under section 71.\n","sortOrder":110},{"sectionNumber":"71","sectionType":"section","heading":"Certificate for building work involving demolition","content":"71 Certificate for building work involving demolition\n(a) building work involving the demolition of a building has been\ncompleted in accordance with the prescribed requirements for\n(b) the certifier for the building work gives the construction\noccupations registrar the written advice mentioned in\nsection 70A.\n\n(2) The construction occupations registrar must, on application made by\nthe owner of the parcel of land where the building work was carried\nout, issue a certificate to the effect that the building work was carried\nout in accordance with the prescribed requirements for the work.\n","sortOrder":111},{"sectionNumber":"72","sectionType":"section","heading":"Certificate for building work involving erection of","content":"72 Certificate for building work involving erection of\nstructure\n(1) This section applies if building work involving the erection of a\nstructure on or attached to land or a building has been completed in\naccordance with the prescribed requirements for the building work.\n(2) The construction occupations registrar must, on application made by\nthe owner of the parcel of land where the building work was carried\nout, issue a certificate to the effect that the building work was carried\nout in accordance with the prescribed requirements for the work.\n","sortOrder":112},{"sectionNumber":"73","sectionType":"section","heading":"Certificates of occupancy and use for owner-builders","content":"73 Certificates of occupancy and use for owner-builders\nIf the construction occupations registrar issues a certificate for\nbuilding work carried out by a person who holds an owner-builders\nlicence, the certificate must include a statement to the effect that part\n6 (Residential buildings—statutory warranties, standard conditions,\ninsurance and fidelity certificates) may not apply to the building\n","sortOrder":113},{"sectionNumber":"74","sectionType":"section","heading":"Government buildings—application for fitness certificate","content":"74 Government buildings—application for fitness certificate\n(1) This section applies to a building if—\n(a) the building was erected on land that, when the building was\nerected, was held—\n(i) by the Commonwealth; or\n(ii) by the Territory; or\n(iii) by someone else under a lease from the Commonwealth;\nand\n\n(b) a certificate of occupancy or regularisation has not been issued\nfor the building.\n(2) Application for a certificate that the building is fit for occupation may\nbe made by a person eligible to make the application under subsection\n(3) or (4).\n(3) If, when the application is made, the building is on land held under a\nlease from the Commonwealth, the application may be made by the\nlessee.\n(4) If, when the application is made, the building is not on land held under\na lease from the Commonwealth, the application may be made by—\n(a) if the land is held by a person, including the Territory, under a\ntenancy from the Commonwealth, whether or not the occupier\nis the tenant or a subtenant—the Commonwealth or the tenant;\nor\n(b) if the land is held under a tenancy from the Territory, whether\nor not the occupier is the tenant or a subtenant—the tenant; or\n(c) for national land—the Commonwealth; or\n(d) for Territory land—the Territory.\n(5) The application must—\n(a) be in writing signed by or on behalf of the applicant; and\n(b) provide sufficient information to allow the building to be\nidentified; and\n(c) be accompanied by a copy of the plans and specifications\nrelating to—\n(i) the erection of the building and any alteration to it; or\n(ii) the building when the application is made; and\n(d) state the purpose for which the building or each part of the\nbuilding is being used; and\n\n(e) if it is intended that any part of the building be used for a purpose\nother than the purpose for which it is being used when the\napplication is made—state the intended purpose.\n","sortOrder":114},{"sectionNumber":"75","sectionType":"section","heading":"Decision on s 74 application","content":"75 Decision on s 74 application\n(1) On receiving an application under section 74, the construction\noccupations registrar must—\n(a) if satisfied that the building complies with subsection (2)—issue\na certificate (certificate of regularisation) that the building is fit\nfor occupation if each part of it is used only for the purpose\nstated in the certificate; or\n(b) in any other case—refuse to issue the certificate.\n(2) The building complies with this subsection if—\n(a) it is structurally sound and can withstand the loadings likely to\narise from its expected use; and\n(b) contains reasonable provision for—\n(i) the safety of people likely to be in the building if there is a\nfire, including the provision of adequate facilities for\nleaving the building; and\n(ii) the prevention and suppression of fire; and\n(iii) the prevention of the spread of fire.\n(3) To decide whether the building complies with subsection (2), the\nconstruction occupations registrar—\n(a) may require the applicant to provide a written statement by a\nqualified licensed construction practitioner that deals with the\nmatters mentioned in subsection (2) (a) and (b), or such of the\nmatters as the registrar states; and\n(b) may consider the statement.\n\nqualified licensed construction practitioner means an entity that—\n(a) is licensed under the Construction Occupations (Licensing)\nAct 2004; and\n(b) in the construction occupations registrar’s opinion, has\nsufficient expertise to provide a statement under subsection (3)\nthat would help the registrar to decide whether the building\ncomplies with subsection (2).\n","sortOrder":115},{"sectionNumber":"76","sectionType":"section","heading":"Occupation and use of buildings","content":"76 Occupation and use of buildings\n(a) the person occupies or uses, or allows someone else to occupy\nor use, a building or part of a building; and\n(b) the construction occupations registrar has not issued a certificate\nof occupancy for the building or part of the building.\n(a) the construction occupations registrar has issued a certificate of\noccupancy for only a part of a building (the approved part); and\n(b) the person occupies or uses, or allows someone else to occupy\nor use, a part of the building for which no certificate of\noccupancy has been issued; and\n(c) the purpose of the use is not incidental to the use of the approved\npart.\n(3) An offence under this section is a strict liability offence.\n\nbuilding does not include a building for which a certificate of\nregularisation has been issued.\n","sortOrder":116},{"sectionNumber":"77","sectionType":"section","heading":"Use of buildings restricted","content":"77 Use of buildings restricted\n(a) the person occupies or uses, or allows someone else to occupy\nor use, a building or part of a building—\n(i) for a building in relation to the erection or alteration of\nwhich plans have been approved under this Act—as a\nbuilding or part of a building of a class other than the class\nstated in the plans approved in relation to the most recent\nbuilding work that has been carried out in relation to the\nbuilding; or\n(ii) for a building in relation to the erection or alteration of\nwhich plans have been approved only under the repealed\nlaws—for a purpose other than that stated in the plans and\nspecifications approved in relation to the most recent\nbuilding work that has been carried out in relation to the\nbuilding; and\n(b) the construction occupations registrar has not given written\napproval for the occupation and use.\n(2) An offence against subsection (1) is a strict liability offence.\n\n(3) The construction occupations registrar must, on written application,\ngive written approval for the occupation and use of a building or part\nof a building as a building or a part of a building of a class stated in\nthe application if the construction occupations registrar is satisfied\nthat a reasonable certifier would, under this Act, approve the plans for\nthe erection of the building or part if—\n(a) the building or part had not been erected and the certifier were\nthen and there considering the plans; and\n(b) the plans required the building or part to be of the same class as\nthat stated in the application.\n(4) If a parcel of land is held under a lease from the Commonwealth, an\napproval given by the construction occupations registrar under\nsubsection (3) in relation to the parcel of land does not authorise—\n(a) the use of the parcel for a purpose other than the purpose for\nwhich the lease was granted; or\n(b) the use of the parcel of land contrary to a provision, covenant or\ncondition of the lease.\nbuilding does not include a building for which a certificate of\nregularisation has been issued.\n","sortOrder":117},{"sectionNumber":"78","sectionType":"section","heading":"Occupation and use of ex-government buildings","content":"78 Occupation and use of ex-government buildings\n(1) This section applies to a building for which a certificate of\nregularisation has been issued that is—\n(a) on land held under a lease or tenancy from the Commonwealth\nby a person other than the Territory; or\n(b) on land held under a sublease or tenancy from the Territory.\n\n(2) A person must not occupy or use, or allow anyone else to occupy or\nuse, the building, or a part of the building, for a purpose other than\nthe purpose stated in the certificate of regularisation.\n","sortOrder":118},{"sectionNumber":"79","sectionType":"section","heading":"Action by registrar on unauthorised use of building etc","content":"79 Action by registrar on unauthorised use of building etc\n(1) In this section:\nbuilding occupancy offence section means any of the following\nsections:\n• section 76 (Occupation and use of buildings);\n• section 77 (Use of buildings restricted);\n• section 78 (Occupation and use of ex-government buildings).\n(2) This section applies if, after being convicted for an offence against a\nbuilding occupancy offence section, a person continues to use or\ncontinues to allow someone else to use a building or a part of a\nbuilding in contravention of the section for an offence against which\nthe person has been convicted.\n(3) The construction occupations registrar may, by written notice to the\noccupier or to the person allowing the occupation (or both)—\n(a) for a conviction for an offence against section 76—require the\nbuilding to be vacated within the period stated in the notice; or\n(b) for a conviction for an offence against section 77 or section 78—\nrequire the occupation or use of the building or the part of the\nbuilding in contravention of that section to stop within the period\nstated in the notice.\n(4) A person to whom a notice under subsection (3) is given must not fail\nto comply with the notice.\n\n(5) A person who contravenes subsection (4) commits an offence, in\nrelation to each day the person contravenes the subsection (including\nany day when the person is convicted of an offence).\n(6) An offence against subsection (5) is a strict liability offence.\n","sortOrder":119},{"sectionNumber":"80","sectionType":"section","heading":"Copies of certificates of occupancy and regularisation","content":"80 Copies of certificates of occupancy and regularisation\n(1) A copy of each certificate issued under this part must be kept in the\nconstruction occupations registrar’s office.\n(2) Anyone may inspect a certificate at the construction occupations\nregistrar’s office during the hours the office is open for business.\n(3) If the construction occupations registrar issues a certificate under\nsection 69 (Certificates of occupancy) for a building or part of a\nbuilding and a copy of a certificate of occupancy for the building or\npart of a building is already being kept in the registrar’s office, the\nregistrar must replace the earlier certificate with a copy of the later\ncertificate.\n","sortOrder":120},{"sectionNumber":"81","sectionType":"section","heading":"Safe live load plates","content":"81 Safe live load plates\n(1) If a certificate is issued under this part on the completion of a class 5,\nclass 6, class 7, class 8 or class 9 building or on the completion of the\nalteration of such a building, the owner of the building must attach,\nin a conspicuous place on the walls of each storey of the building, in\na way approved by the construction occupations registrar, the number\nof metal plates of a size and form approved by the registrar showing\nthe maximum live load for which the floor on that storey has been\ndesigned.\n(2) An approval under subsection (1) is a notifiable instrument.\n\n(3) The owner of a building commits an offence if—\n(a) the building is altered; and\n(b) a later certificate is issued under this part for the altered building;\nand\n(c) when the certificate is issued, the safe live load for a floor of the\naltered building is different from that shown for that floor on the\nmetal plates attached to the walls of the floor under\nsubsection (1); and\n(d) the owner does not substitute other plates showing the current\nmaximum safe live load for the floor.\n(4) The owner of the building must maintain each plate attached under\nthis section.\n(5) A person must not occupy a building or part of a building in relation\nto which plates are required to be attached or substituted under this\nsection before they have been so attached or substituted.\n(6) An offence against this section is a strict liability offence.\n","sortOrder":121},{"sectionNumber":"82","sectionType":"section","heading":"Exceeding safe live load","content":"82 Exceeding safe live load\n(1) The owner and occupier of a building in relation to a floor of which a\nmetal plate mentioned in section 81 shows a maximum live load must\neach ensure that the maximum live load shown on the metal plate is\nnot exceeded on that floor.\n\nPreliminary Division 5A.1\n","sortOrder":122},{"sectionNumber":"83","sectionType":"section","heading":"Definitions—pt 5A","content":"83 Definitions—pt 5A\n(1) In this part:\naccess point—\n(a) means the portion of a safety barrier that is designed to provide\naccess through the barrier to a regulated swimming pool or the\nwater in the pool; and\n(b) includes a door.\nauthorised person—means a person appointed, or taken to be\nappointed, under section 83P.\ncomplete exemption means a Ministerial exemption or standing\nexemption that exempts a regulated swimming pool from all of the\nsafety standards.\ncompliance status certificate, for a regulated swimming pool—see\nsection 83K (1).\nexemption certificate, for a regulated swimming pool—see\nsection 83D (6).\nMinisterial exemption means an exemption that applies to a regulated\nswimming pool under section 83D.\noccupier, of premises, includes any person who is for the time being\nin charge of the premises and, if there are 2 or more occupiers of the\npremises, includes any one of the occupiers.\nowner, of premises, means—\n(a) for premises other than common property—the registered\nproprietor of the lease for the land on which the premises are\nlocated; or\n\n(b) for premises that are a unit—the registered proprietor of the\nlease for the unit; or\n(c) for premises that are common property—the owners corporation\nfor the common property.\npartial Ministerial exemption means a Ministerial exemption that\nexempts a regulated swimming pool from only part of the safety\nsafety barrier, for a regulated swimming pool—\n(a) means any structure or naturally occurring feature that forms, or\nforms part of, a continuous perimeter that is effective as a safe\nchild resistant barrier to the pool or the water in the pool; and\n(b) includes—\n(i) a fence, post, panel, access point, child-resistant doorset,\nwall, balustrade or part of a building; and\n(ii) for a pool that is a spa—a lockable child-resistant structure;\nand\n(iii) if a Ministerial exemption has been granted for the pool—\nthe barrier that restricts access to a swimming pool or water\nin the pool permitted under the exemption; and\n(iv) anything else prescribed by regulation\nsafety standards, for a regulated swimming pool—see section 83A.\nstanding exemption means an exemption that applies to a regulated\nswimming pool under section 83C.\nchild-resistant doorset means a safety barrier that comprises a door,\ndoor frame, self-closing device and latch.\ncommon property—see the Unit Titles Act 2001, section 13.\n\nPreliminary Division 5A.1\nregistered proprietor, in relation to a lease, means the person who is\nregistered under the Land Titles Act 1925 as the proprietor of the\nlease.\nunit—see the Unit Titles Act 2001, section 9.\n","sortOrder":123},{"sectionNumber":"83A","sectionType":"section","heading":"Meaning of safety standards—pt 5A","content":"83A Meaning of safety standards—pt 5A\nsafety standards, for a regulated swimming pool, means the standards\n","sortOrder":124},{"sectionNumber":"83B","sectionType":"section","heading":"Meaning of regulated swimming pool","content":"83B Meaning of regulated swimming pool\nregulated swimming pool—\n(a) means an excavation, structure or vessel that—\n(i) can be filled with water to a depth of 300mm or more; and\n(ii) is used, designed or manufactured mainly for human\naquatic activity; and\n(b) includes the following:\n(i) a demountable swimming pool;\n(ii) a flotation tank or flotation tub not equipped to create\nbubbles or turbulence into water;\n(iii) a spa; but\n(c) does not include the following:\n(i) a bath in a bathroom;\n(ii) a birthing pool used only for waterbirths;\n(iii) an ornamental pond;\n(iv) a water feature;\n\n(v) a pool at a category 1 facility;\n(vi) a pool at short-term accommodation premises;\n(vii) an inflatable pool;\n(viii) anything else prescribed by regulation.\ncategory 1 facility—see the Public Pools Act 2015, section 7.\ndemountable swimming pool means a swimming pool—\n(a) that can be assembled and disassembled by hand, or with hand\ntools, without damaging the pool’s components; or\n(b) that—\n(i) can be inflated and deflated; and\n(ii) has a filtration system.\ninflatable pool means a pool that—\n(a) can be inflated and deflated; but\n(b) does not have a filtration system.\nmobile home park—see the Residential Tenancies Act 1997,\nshort-term accommodation premises—\n(a) means premises used to provide short-term accommodation to\nmembers of the public as part of a commercial transaction; and\n(b) includes the following kinds of accommodation:\n(i) backpacker;\n(ii) bed and breakfast;\n(iii) hotel;\n(iv) mobile home park;\n\n(v) motel;\n(vi) resort;\n(vii) serviced apartment; but\n(c) does not include premises that are also used, or able to be used,\nfor residential purposes.\nExamples—par (c)\n1 premises used as a residential home made available under a home\nexchange scheme\n2 premises able to be used for a residential home made available for\nshort-term rental accommodation\n3 an apartment complex that contains a mix of residential apartments and\nserviced apartments\nspa—\n(a) means an excavation, structure or vessel able to retain water for\nhuman immersion and equipped to create water bubbles or water\nturbulence into the water; and\n(b) includes—\n(i) a swim spa; and\n(ii) a flotation tank or flotation tub equipped to create bubbles\nor turbulence into water; but\n(c) does not include a spa bath in a bathroom.\n","sortOrder":125},{"sectionNumber":"Subdiv 5A","sectionType":"subdivision","heading":"2.1 Exemptions","content":"Subdivision 5A.2.1 Exemptions\n","sortOrder":126},{"sectionNumber":"83C","sectionType":"section","heading":"Standing exemption","content":"83C Standing exemption\nA regulated swimming pool is exempt from the safety standards if a\ncircumstance prescribed by regulation applies to the pool.\n\n","sortOrder":127},{"sectionNumber":"83D","sectionType":"section","heading":"Ministerial exemption","content":"83D Ministerial exemption\n(1) The owner of premises on which a regulated swimming pool is\nlocated (the applicant) may apply in writing to the Minister for the\npool to be exempt from all or part of the safety standards.\n(2) On application, the Minister may grant an exemption only if a\ncircumstance prescribed by regulation applies to the regulated\nswimming pool.\nNote 1 The Minister may make guidelines for granting exemptions (see s 83G).\nNote 2 A Minister may delegate the Minister’s functions under an Act or\nstatutory instrument to anyone else (see Legislation Act, s 254A).\n(3) An exemption may be subject to conditions the Minister considers\nappropriate.\n(4) The Minister may ask the applicant for further information the\nMinister reasonably needs to consider the application.\n(5) In exercising the Minister’s functions under this section, the Minister\nmay—\n(a) seek advice from an entity the Minister considers suitable to give\nadvice about a matter relevant to the exercise of the functions;\nand\n(b) consider any other relevant information.\n(6) If the Minister grants an exemption, the Minister must issue a\ncertificate (an exemption certificate) to the owner that states—\n(a) the extent to which the regulated swimming pool is exempt from\nthe safety standards; and\n(b) the grounds for the exemption; and\n(c) any condition on the exemption and the reason for the condition;\nand\n(d) the date of issue of the certificate; and\n\n(e) it is an offence for the owner to fail to notify the Minister of a\nchange of circumstances that affects a ground on which the\nexemption was granted; and\n(f) anything else prescribed by regulation.\n(7) An exemption certificate for a regulated swimming pool is in force\nfor the period stated in the exemption certificate which must be not\nlonger than 5 years.\n","sortOrder":128},{"sectionNumber":"83E","sectionType":"section","heading":"Variation of Ministerial exemption","content":"83E Variation of Ministerial exemption\n(1) This section applies to a regulated swimming pool to which a\nMinisterial exemption applies.\n(2) The owner of premises on which the regulated swimming pool is\nlocated (the applicant) may apply, in writing, to the Minister to vary\na condition that applies to the exemption.\n(3) On application, the Minister may vary the exemption if the\n(a) has considered any reasons provided by the applicant in the\n(b) is satisfied it is appropriate to vary the exemption.\n(4) Also, the Minister may vary an exemption on the Minister’s own\ninitiative if the Minister—\n(a) has given an owner of premises on which the pool is located\nwritten notice that—\n(i) states how the Minister proposes to vary the exemption;\nand\n(ii) states the reason the Minister proposes to vary the\nexemption; and\n\n(iii) tells the owner that a written response may be given to the\nMinister about the matters stated in the notice not later than\n28 days after the owner receives the notice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied that it is appropriate to vary the exemption.\n(5) A variation of the exemption takes effect—\n(a) 90 days after the day notice is given to the owner; or\n(b) if another day is stated in the notice—on the stated day.\n","sortOrder":129},{"sectionNumber":"83F","sectionType":"section","heading":"Revocation of exemption","content":"83F Revocation of exemption\n(1) The Minister may revoke a Ministerial exemption that applies to a\nregulated swimming pool on the Minister’s own initiative if satisfied\nthat any of the following apply:\n(a) the owner of the premises on which the pool is located has failed\nto comply with a condition of the exemption;\n(b) the owner of the premises knowingly or recklessly used false or\nmisleading information in the application for the exemption, or\nan application for variation of the exemption;\n(c) no circumstance mentioned in section 83D (2) applies to the\npool;\n(d) there is an immediate and serious risk to the health or safety of\na person.\n(2) However, the Minister must not revoke an exemption unless the\n(a) has given the owner of the premises written notice that—\n(i) states that the Minister proposes to revoke the exemption;\nand\n\n(ii) states the reason the Minister proposes to revoke the\nexemption; and\n(iii) tells the owner that the owner may give a written response\nto the Minister about the matters stated in the notice not\nlater than 28 days after the owner receives the notice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied that it is appropriate to revoke the certificate.\n(3) Subsection (2) does not apply to a revocation made under\nsubsection (1) (d).\n(4) The revocation of the exemption takes effect—\n(a) for a revocation under subsection (1) (d)—immediately; or\n(b) in any other case—\n(i) 90 days after the day notice is given to the owner; or\n(ii) if another day is stated in the notice—on the stated day.\n","sortOrder":130},{"sectionNumber":"83G","sectionType":"section","heading":"Minister may make guidelines","content":"83G Minister may make guidelines\n(1) The Minister may make guidelines about applications for, and\ngranting of, Ministerial exemptions.\n(2) A guideline is a disallowable instrument.\n","sortOrder":131},{"sectionNumber":"83H","sectionType":"section","heading":"Guidance about obligations on owners","content":"83H Guidance about obligations on owners\n(1) The Minister must prepare guidance material about the obligations\narising under this part of owners of premises on which a regulated\nswimming pool is located.\n(2) Guidance material is a notifiable instrument.\n(3) This section expires on 1 May 2028.\n\n","sortOrder":132},{"sectionNumber":"83I","sectionType":"section","heading":"Failure to comply with exemption certificate conditions","content":"83I Failure to comply with exemption certificate conditions\n(b) a Ministerial exemption applies to the pool; and\n(c) the person fails to comply with a condition of the exemption.\n","sortOrder":133},{"sectionNumber":"83J","sectionType":"section","heading":"Failure to notify change of exemption circumstances","content":"83J Failure to notify change of exemption circumstances\n(b) a Ministerial exemption applies to the pool; and\n(c) a change of circumstances happens which affects a ground on\nwhich the exemption was granted; and\n(d) the person fails to notify the Minister of the change of\ncircumstances within 14 days of the change happening.\nSubdivision 5A.2.2 Compliance status certificates\n83JA Application—sdiv 5A.2.2\nThis subdivision does not apply in relation to a regulated swimming\npool if—\n(a) the pool is subject to a complete exemption; or\n\n(b) both of the following documents have been issued in relation to\nall of the safety barrier for the pool:\n(i) a building approval for the erection or alteration of a safety\nbarrier for the pool that, if erected or altered in accordance\nwith the plans, will comply with the safety standards, to the\nextent that the pool is not subject to a partial Ministerial\nexemption;\n(ii) a certificate of occupancy for the safety barrier for the pool\nstating that the safety barrier was erected or altered in\naccordance with the building approval mentioned in\nsubparagraph (i).\n","sortOrder":134},{"sectionNumber":"83K","sectionType":"section","heading":"Compliance status certificates","content":"83K Compliance status certificates\n(1) An authorised person must inspect a regulated swimming pool before\ngiving the owner of the premises on which the pool is located (the\npool owner) a written certificate (a compliance status certificate) that\nstates the following:\n(a) whether or not the pool complies with the safety standards, to\nthe extent it is not subject to a partial Ministerial exemption;\n(b) if the pool is subject to a partial Ministerial exemption—details\nof the exemption including any conditions on the exemption;\n(c) the date of issue of the certificate;\n(d) anything else prescribed by regulation.\n(2) If an authorised person is satisfied that the regulated swimming pool\ncomplies with the safety standards, the authorised person must as\nsoon as practicable after the inspection give the pool owner a\ncompliance status certificate for the pool.\n\n(3) If an authorised person is satisfied that the regulated swimming pool\ndoes not comply with the safety standards but the non-compliance\ndoes not create a serious and immediate safety risk, the authorised\nperson must, as soon as practicable but not later than 7 days after the\nday of inspection, give the pool owner written notice (a pool\nrectification notice) that states the following:\n(a) the pool fails to comply with the safety standards and the reasons\nwhy it fails to comply;\n(b) the steps needed to rectify the failure to comply;\n(c) the day (the rectification day), within 6 months of giving the\nnotice, by which the pool must be rectified to comply;\n(d) anything else prescribed by regulation.\n(4) If an authorised person is satisfied that the regulated swimming pool\ndoes not comply with the safety standards and the non-compliance\ncreates a serious and immediate safety risk, the authorised person\nmust immediately after the inspection give the pool owner a\ncompliance status certificate for the pool.\n(5) If an authorised person has given the pool owner a rectification notice\nfor the pool, the authorised person—\n(a) may give the pool owner a compliance status certificate for the\npool only after further inspection of the pool; and\n(b) if giving a compliance status certificate to the pool owner—must\ngive the certificate as soon as practicable, but not later than 14\ndays, after the day on which the further inspection happens.\n(6) An authorised person must give the construction occupations\nregistrar—\n(a) a copy of a pool rectification notice given under subsection (3)\nwithin 14 days after the day the notice is given; and\n\n(b) a copy of a compliance status certificate given under\nsection (5) (b), but only if the compliance status certificate states\nthat the pool does not comply with the safety standards to the\nextent that the pool is not subject to a partial Ministerial\nexemption, within 14 days after the day the certificate is given;\nand\n(c) a copy of a compliance status certificate given under\nsubsection (4) within 7 days after the day the certificate is given.\n","sortOrder":135},{"sectionNumber":"83L","sectionType":"section","heading":"Period for which compliance status certificate in force","content":"83L Period for which compliance status certificate in force\n(1) A compliance status certificate for a regulated swimming pool is in\nforce for the period beginning on the day the certificate is issued and\nending on the earliest of the following:\n(a) whichever of the following applies:\n(i) for a certificate issued before 1 May 2028—30 April 2032;\n(ii) for a certificate issued on or after 1 May 2028—the day\n5 years after the period begins;\n(b) the day the regulated swimming pool, or the safety barrier for\nthe pool, is substantially altered;\n(c) if a partial Ministerial exemption applies to the regulated\nswimming pool and the exemption is revoked—the day on\nwhich the revocation of the exemption takes effect.\nNote The reason for the revocation of a partial Ministerial exemption\naffects when the revocation takes effect (see s 83F (4)).\nsubstantially altered—\n(a) in relation to a swimming pool—means at least 50% of the pool\nis modified, demolished or replaced; and\n\n(b) in relation to a safety barrier for a swimming pool—means the\nsafety barrier is—\n(i) demolished or replaced; or\n(ii) altered as prescribed by regulation.\n","sortOrder":136},{"sectionNumber":"83M","sectionType":"section","heading":"Failure to lodge compliance status certificate etc for","content":"83M Failure to lodge compliance status certificate etc for\nregulated swimming pool\n(b) the pool was built before 1 May 2013; and\n(c) the pool is not subject to complete exemption; and\n(d) the relevant documents have not been issued for all of the safety\nbarrier for the pool; and\n(e) the person is given a compliance status certificate by an\nauthorised person before 1 May 2028; and\n(f) the person fails to lodge the compliance status certificate, with\nany partial exemption certificate, with the construction\noccupations registrar within 30 days after the day the person\nreceives the compliance status certificate; and\n(g) a document required to be lodged under paragraph (f) has not\nbeen lodged by a previous owner of the premises.\npartial exemption certificate means an exemption certificate that\nexempts a regulated swimming pool from only part of the safety\n\nSwimming pool safety Division 5A.3\nrelevant documents, in relation to a safety barrier for a regulated\nswimming pool, means both of the following:\n(a) a building approval for the erection or alteration of a safety\nbarrier for the pool that, if erected or altered in accordance with\nthe plans, will comply with the safety standards, to the extent\nthat the pool is not subject to a partial Ministerial exemption;\n(b) a certificate of occupancy for the pool stating that the safety\nbarrier was erected or altered in accordance with the building\napproval mentioned in paragraph (a).\n","sortOrder":137},{"sectionNumber":"Div 5A","sectionType":"division","heading":"3 Swimming pool safety","content":"Division 5A.3 Swimming pool safety\n","sortOrder":138},{"sectionNumber":"83N","sectionType":"section","heading":"Failure to maintain swimming pool safety barrier","content":"83N Failure to maintain swimming pool safety barrier\n(b) the person fails to maintain a safety barrier for the pool that is\nan effective and safe child-resistant barrier.\n(2) For subsection (1) (b) a safety barrier is an effective and safe\nchild-resistant barrier if the barrier—\n(a) complies with the safety standards for a regulated swimming\npool; or\n(b) if the swimming pool is subject to a Ministerial exemption—\ncomplies with the safety standards to the extent the pool is not\nexempt from the standards; or\n(c) complies with a requirement prescribed by regulation.\n\n(4) It is a defence to a prosecution against this section if the defendant\nproves that the regulated swimming pool is subject to a standing\nexemption.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (4) (see Criminal Code, s 59).\n","sortOrder":139},{"sectionNumber":"83O","sectionType":"section","heading":"Failure to close swimming pool safety barrier","content":"83O Failure to close swimming pool safety barrier\n(a) the person is the occupier of premises on which a regulated\n(b) the person fails to ensure all access points for the pool’s safety\nbarrier—\n(i) are securely closed when they are not in use; or\n(ii) for a spa with a safety barrier that is a lockable\nchild-resistant structure—the structure is securely fitted\nand locked when the spa is not in use.\n","sortOrder":140},{"sectionNumber":"83P","sectionType":"section","heading":"Authorised person","content":"83P Authorised person\n(1) The director-general may appoint a person as an authorised person\nfor this part.\n(2) A person must not be appointed under subsection (1) unless the\ndirector-general is satisfied that the person is competent to exercise\nthe functions of an authorised person under this part.\n(3) A regulation may prescribe matters that the director-general must\n\nAdministration Division 5A.4\n(a) a class of person taken to be appointed as an authorised person\nunder this section; and\n(b) the terms of appointment for the class of person.\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters and to make\na regulation that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n(5) An appointment under subsection (1)—\n(a) must be for a term of not longer than 5 years; and\n(b) is a notifiable instrument.\n(6) An authorised person has the following functions:\n(a) assessing whether regulated swimming pools comply with the\nsafety standards;\n(b) issuing compliance status certificates and pool rectification\nnotices for regulated swimming pools;\n(c) any other function under this part or prescribed by regulation.\n(7) An authorised person must exercise the person’s functions in\n(a) if the person is appointed under subsection (1)—the instrument\nof appointment; and\n(b) however appointed—any directions the director-general gives\nthe person.\n(8) In this section:\npool rectification notice—see section 83K (3).\n\n","sortOrder":141},{"sectionNumber":"83Q","sectionType":"section","heading":"Identity cards","content":"83Q Identity cards\n(1) The director-general must issue an authorised person with an identity\ncard that states the person is an authorised person for this part, and\nshows—\n(a) a recent photograph of the person; and\n(b) the name of the person; and\n(c) the date of issue of the card; and\n(d) the date of expiry for the card; and\n(e) anything else prescribed by regulation.\n(a) the person stops being an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general within 7 days after the person stops being an\nauthorised person.\nMaximum penalty: 1 penalty unit.\n(3) Subsection (2) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An offence against subsection (2) is a strict liability offence.\n","sortOrder":142},{"sectionNumber":"83R","sectionType":"section","heading":"Person pretending to be authorised person","content":"83R Person pretending to be authorised person\n(a) is not an authorised person; and\n(b) carries out a function of an authorised person; and\n\nMiscellaneous Division 5A.5\n(c) is reckless as to whether the person is appointed as an authorised\nperson.\n(2) A person commits an offence if the person—\n(a) is not an authorised person; and\n(b) carries out a function of an authorised person.\n(3) Strict liability applies to—\n(a) subsection (1) (a) and (b); and\n(b) subsection (2) (a) and (b).\n","sortOrder":143},{"sectionNumber":"83S","sectionType":"section","heading":"Criminal liability of executive members of owners","content":"83S Criminal liability of executive members of owners\ncorporation\n(1) An executive member of an owners corporation is taken to commit\nan offence against this part if—\n(a) the corporation commits an offence against this part (a relevant\noffence); and\n(b) the member was reckless about whether the relevant offence\nwould be committed; and\n(c) the member was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the member failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the offence by an individual.\n\n(2) Subsection (1) does not apply if the owners corporation would have\na defence to a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) This section applies whether or not the owners corporation is\nprosecuted for, or convicted of, the relevant offence.\nexecutive member, of an owners corporation—see the Unit Titles\n(Management) Act 2011, dictionary.\n\nInterpretation—pt 6 Division 6.1\n","sortOrder":144},{"sectionNumber":"Part 6","sectionType":"part","heading":"Residential buildings—statutory","content":"Part 6 Residential buildings—statutory\nwarranties, standard conditions,\ninsurance and fidelity certificates\n","sortOrder":145},{"sectionNumber":"84","sectionType":"section","heading":"Definitions—pt 6","content":"84 Definitions—pt 6\nactuary, for an approved scheme, does not include a special actuary.\napproval criteria means the requirements determined under\nsection 99 (Approval criteria for schemes).\napproved scheme means a fidelity fund scheme approved under\nsection 98.\nbuilder, in relation to residential building work or a residential\nbuilding, means the entity stated to be the builder in the\ncommencement notice for the building work or building.\nbuilding does not include paving or a structure that is a fence,\nretaining wall, outdoor swimming pool, outdoor ornamental pond,\nmast, antenna, aerial, advertising device, notice or sign.\nbuilding work does not include work in relation to the demolition of\na whole building.\ncomplying residential building work insurance means an insurance\npolicy issued in relation to insurable residential building work that\ncomplies with section 90.\nconsumer representative—see section 127AA (1).\ncost, of building work, means the cost of the work as worked out\nunder section 86.\nfidelity certificate, for building work, means a certificate issued for\nthe building work by the trustees of an approved scheme.\n\nfidelity fund scheme means a scheme for a building industry fidelity\nfund established under a trust deed.\ninsurable residential building means a residential building—\n(a) the residential parts of which (other than a part of the building\nthat is a structurally integral adjunct to the building) are\nclassified as a class 1 or class 2 residential building; and\n(b) that has no more than 3 storeys at any point, excluding any\nstorey used exclusively for parking.\n1 A building has 2 wings, which are structurally independent of each other. The\nnorth wing has 3 storeys including the ground storey. The south wing has 6\nstoreys including the ground storey. All storeys contain residential units. The\nnorth wing is an insurable residential building. The south wing is not an\ninsurable residential building because it is 6 storeys.\n2 A building has 2 wings that are dependent on each other for structural support.\nThe north wing has 3 storeys including the ground storey. All storeys contain\nresidential units. The lower 3 storeys of the south wing are structurally\nintegrated with the north wing. A structural instability in any of the lower 3\nstoreys in the south wing could compromise the structural integrity of both\nwings of the building. The south wing storeys that are higher than the north\nwing are structurally independent of the north wing. The north wing of the\nbuilding is an insurable residential building. The lower 3 storeys of the south\nwing are an insurable residential building to the extent that they are a\nstructurally integral adjunct to the building as a whole. The upper 3 storeys of\nthe south wing are not an insurable residential building because they are over\n3 storeys and not a structurally integral adjunct to the building.\ninsurable residential building work means residential building work\nin relation to an insurable residential building.\nprudential standards means the standards determined under\nsection 103.\nresidential building means—\n(a) a building intended mainly for private residential use; or\n\nInterpretation—pt 6 Division 6.1\n(b) part of a building mentioned in paragraph (a) (whether or not the\npart is intended for private residential use) if the part provides\nstructural support, or is a structurally integral adjunct, to the\nbuilding.\n1 A building has shops on its ground storey and hotel accommodation on its 2nd\nand 3rd storey. The building is not a residential building because it is not used\nmainly for private residential use.\n2 A 4-storey residence has a parking garage as its ground storey. A structural\ninstability in the garage could compromise the building’s structural integrity.\nThe garage is a residential building because it is a part of the building that is a\nstructurally integral adjunct to the building and the building is a residential\nbuilding.\n3 A single storey residence has a garage attached at the side. The roof trusses\nof the building span across the residence and garage in a single span.\nA structural instability in the garage could compromise the structural integrity\nof the roof trusses and, because of that, compromise the structural integrity of\nthe building. The garage is a residential building because it is a part of the\nbuilding that is a structurally integral adjunct to the building and the building\nis a residential building.\n4 A single storey residence has a garage attached at the side and under the same\nroofline as the residence. The garage is mainly used for cars and is not for\nresidential use. No structural elements of the residence depend on the garage\nfor structural integrity. A structural instability in the garage could not\ncompromise the structural integrity of the residence. The garage is not a\nresidential building because it is not a structurally integral adjunct to a building\nintended primarily for residential use. The residence, apart from the garage, is\na residential building.\nresidential building work means building work in relation to a\nresidential building.\nspecial actuary—see section 122 (Special actuary to investigate\nliabilities).\nstorey does not include a storey below the ground storey.\n\n","sortOrder":146},{"sectionNumber":"85","sectionType":"section","heading":"Meaning of completion day for pt 6","content":"85 Meaning of completion day for pt 6\n(1) In this part:\ncompletion day, for residential building work, means the day the\nwork is completed or the day the contract relating to the work ends,\nwhichever is the later.\n(2) Without limiting subsection (1), the work is taken to have been\ncompleted no later than the day a certificate of occupancy (if any) is\nissued for the work.\n","sortOrder":147},{"sectionNumber":"86","sectionType":"section","heading":"Cost of building work for pt 6","content":"86 Cost of building work for pt 6\n(1) For this part, the cost of building work is—\n(a) if a contract has been entered into for carrying out of the building\nwork—the cost of the work as fixed by the contract; or\n(b) in any other case—\n(i) an amount agreed between the construction occupations\nregistrar and the builder; or\n(ii) if an amount is not agreed—an amount worked out by the\nregistrar.\n(2) For subsection (1), the cost of building work—\n(a) includes the cost of any engineering service in relation to the\nland where the building work is to be carried out; but\n(b) does not include the cost of the land where the building work is\nto be carried out.\n\nStatutory warranties Division 6.2\n","sortOrder":148},{"sectionNumber":"87","sectionType":"section","heading":"Residential building work to which pt 6 does not apply","content":"87 Residential building work to which pt 6 does not apply\nThis part does not apply in relation to residential building work—\n(a) carried out or to be carried out by or for the Territory or the\nCommonwealth, a territory authority or an authority established\nunder a Commonwealth Act; or\n(b) in relation to which an owner-builders licence has been granted;\nor\n(c) if the cost of the work is less than the amount prescribed under\nthe regulations.\n","sortOrder":149},{"sectionNumber":"87A","sectionType":"section","heading":"Residential building work to which div 6.2 does not apply","content":"87A Residential building work to which div 6.2 does not apply\nThis division does not apply to residential building work prescribed\nby regulation.\n","sortOrder":150},{"sectionNumber":"88","sectionType":"section","heading":"Statutory warranties","content":"88 Statutory warranties\n(1) By force of this section, every contract for the sale of a residential\nbuilding, and every contract to carry out residential building work to\nwhich the builder is a party, is taken to contain a warranty under this\n(2) The builder warrants the following in relation to residential building\nwork:\n(a) that the work has been or will be carried out in accordance with\nthis Act;\n(b) that the work has been or will be carried out in a proper and\nskilful way and—\n(i) in accordance with the approved plans; or\n\n(ii) if the work involves or involved handling asbestos or\ndisturbing friable asbestos—in accordance with approved\nplans that comply with this Act in relation to the asbestos;\n(c) that good and proper materials for the work have been or will be\nused in carrying out the work;\n(d) if the work has not been completed, and the contract does not\nstate a date by which, or a period within which, the work is to\nbe completed—that the work will be carried out with reasonable\npromptness;\n(e) if the owner of the land where the work is being or is to be\ncarried out is not the builder, and the owner expressly makes\nknown to the builder, or an employee or agent of the builder, the\nparticular purpose for which the work is required, or the result\nthat the owner desires to be achieved by the work, so as to show\nthat the owner is relying on the builder’s skill and judgment—\nthat the work and any material used in carrying out the work is\nor will be reasonably fit for the purpose or of such a nature and\nquality that they might reasonably be expected to achieve the\nresult.\n(3) Each of the owner’s successors in title succeeds to the rights of the\nowner in relation to the statutory warranties.\n(4) The warranties end at the end of the period prescribed under the\nregulations after the completion day for the work.\n(5) In subsection (2):\nowner means—\n(a) for a contract mentioned in subsection (1) for the sale of a\nresidential building—the person to whom title in the land where\nthe building was built is transferred under the contract; or\n(b) for a contract mentioned in subsection (1) to carry out residential\nbuilding work—the owner of the land where the work is to be\ncarried out under the contract.\n\nStandard conditions Division 6.2A\n","sortOrder":151},{"sectionNumber":"89","sectionType":"section","heading":"Builder’s liability","content":"89 Builder’s liability\nThis Act does not limit the liability a builder would have to anyone\napart from this Act.\n","sortOrder":152},{"sectionNumber":"89A","sectionType":"section","heading":"Residential building work contract to which div 6.2A does","content":"89A Residential building work contract to which div 6.2A does\nnot apply\nThis division does not apply to a residential building work contract if\nthe cost of the residential building work under the contract is less than\nthe amount prescribed by regulation.\n","sortOrder":153},{"sectionNumber":"89B","sectionType":"section","heading":"Meaning of residential building work contract—div 6.2A","content":"89B Meaning of residential building work contract—div 6.2A\n(1) In this division:\nresidential building work contract means a contract—\n(a) to carry out residential building work, to which the builder is a\nparty; or\n(b) for the sale of a residential building, or part of a residential\nbuilding, if the contract involves carrying out residential\nbuilding work; or\n(c) to arrange for someone else to carry out residential building\n(2) For this division, a contract involves carrying out residential building\nwork if—\n(a) the contract is to purchase a residential building before, at, or\nafter the completion of residential building work; or\n(b) the completion of the contract depends on the completion of\nresidential building work; or\n(c) progress payments under the contract relate to the progress of\nresidential building work.\n\n","sortOrder":154},{"sectionNumber":"89C","sectionType":"section","heading":"Standard conditions for residential building work","content":"89C Standard conditions for residential building work\n(1) A regulation may prescribe the following for a residential building\nwork contract:\n(a) a standard condition;\n(b) the meaning of a term used in a residential building work\ncontract (a prescribed term).\n(a) the person enters into a residential building work contract; and\n(b) under the contract the person—\n(i) is required to carry out residential building work; or\n(ii) sells a residential building, or part of a residential building,\nand carrying out residential building work is involved in\nthe contract; or\n(iii) arranges for someone else to carry out residential building\nwork; and\n(c) the residential building work contract does not include—\n(i) each standard condition; or\n(ii) if the residential building work uses a prescribed term—\nthe meaning of the prescribed term.\n","sortOrder":155},{"sectionNumber":"89D","sectionType":"section","heading":"Required documents for residential building work","content":"89D Required documents for residential building work\n(1) A regulation may prescribe the documents (the required documents)\nthat must be attached to a residential building work contract.\n\n(a) the person enters into a residential building work contract; and\n(b) under the contract the person—\n(i) is required to carry out residential building work; or\n(ii) sells a residential building, or part of a residential building,\nand carrying out residential building work is involved in\nthe contract; or\n(iii) arranges for someone else to carry out residential building\nwork; and\n(c) the required documents are not attached to the residential\nbuilding work contract.\n","sortOrder":156},{"sectionNumber":"89E","sectionType":"section","heading":"Prohibited conditions for residential building work","content":"89E Prohibited conditions for residential building work\n(1) A regulation may prescribe a prohibited condition for a residential\nbuilding work contract.\n(2) A prohibited condition, that is included in a residential building work\ncontract, is void.\n","sortOrder":157},{"sectionNumber":"90","sectionType":"section","heading":"Complying residential building work insurance","content":"90 Complying residential building work insurance\n(1) An insurance policy issued for insurable residential building work\ncomplies with this section if—\n(a) it is issued by an authorised insurer; and\n\n(b) it provides for a total amount of insurance cover of at least the\namount prescribed under the regulations, or the cost of the work,\nwhichever is less, for each dwelling that forms part of the work;\nand\n(c) if the builder is not the owner of the land where the work is to\nbe carried out—it insures the owner and the owner’s successors\nin title for the period beginning on the day the certifier for the\nwork issues a building commencement notice under section 37\nfor the work and ending at the end of the period prescribed under\nthe regulations after the day a certificate of occupancy is issued\nfor the work; and\n(d) if the builder is the owner of the land where the work is to be\ncarried out—it insures the builder’s successors in title for the\nperiod beginning on the day the title in the land is transferred to\nsomeone else and ending at the end of the period prescribed\nunder the regulations after the day a certificate of occupancy is\nissued for the work; and\n(e) the whole of the premium payable for the period has been paid;\nand\n(f) it insures the owner (if the builder is not the owner) and the\nowner’s successors in title against the risk of being unable to\nenforce or recover under the contract under which the work has\nbeen, is being or is to be carried out because of the insolvency,\ndisappearance or death of the builder; and\n(g) it insures the owner (if the builder is not the owner) and the\nowner’s successors in title against the risk of loss resulting from\na breach of a statutory warranty; and\n(h) it insures the owner (if the owner is not the builder) and the\nowner’s successors in title against the risk of loss resulting,\nbecause of the builder’s negligence, from subsidence of the land;\nand\n\n(i) it provides that a claim under it may only be made within the\nperiod prescribed under the regulations, or a stated longer period\nafter the claimant becomes aware of the existence of grounds for\nthe claim; and\n(j) the form of the policy has been approved in writing by the\nconstruction occupations registrar.\n(2) However, if the owner is a developer, the insurance is taken to comply\nwith subsection (1) (c), (f), (g) or (h) if it insures the owner’s\nsuccessors in title, even though it does not insure the owner.\n(3) To remove any doubt, an insurance policy issued in relation to\ninsurable residential building work may exclude claims other than\nthose in circumstances in which the builder is insolvent, dead or has\ndisappeared.\n(4) For subsections (1) (f) and (3), a builder is taken to have disappeared\nif the builder, after proper search and inquiry, cannot be found in\nAustralia.\ndeveloper, for insurable residential building work, means a person for\nwhom the work is done in a building or residential development\nwhere 4 or more of the existing or proposed dwellings are or will be\nowned by the person.\ninsolvent—a builder is taken to be insolvent if—\n(a) for a builder who is an individual—the builder is bankrupt or\npersonally insolvent; or\n\n(b) for a builder who is a corporation—the builder is being wound\nup, has had a receiver or other controller appointed, has entered\ninto a deed of company arrangement with its creditors or is\notherwise under external administration under the\nCorporations Act, chapter 5.\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n","sortOrder":158},{"sectionNumber":"91","sectionType":"section","heading":"Provisions of residential building insurance policies","content":"91 Provisions of residential building insurance policies\n(1) A complying residential building insurance policy may provide that\nthe authorised insurer who issues the policy is not liable for the\namount prescribed under the regulations, or the stated lesser amount,\nof each claim.\n(2) In calculating the amount of the premium payable in relation to a\ncomplying residential building insurance policy, the value of the\nwork is taken to be equal to the cost of the work.\n(3) A provision, stipulation, covenant or agreement that negatives, limits\nor modifies or purports to negative, limit or modify the operation of\nthis part is void.\n(4) A complying residential building insurance policy—\n(a) is not be taken to be invalid only because it contains a term,\ncondition or warranty not contained in the form of policy\napproved by the construction occupations registrar; but\n(b) a term, condition or warranty mentioned in paragraph (a) is void.\n","sortOrder":159},{"sectionNumber":"92","sectionType":"section","heading":"Builder’s misrepresentation etc does not prevent liability","content":"92 Builder’s misrepresentation etc does not prevent liability\nAn authorised insurer is not entitled to avoid liability under a\ncomplying residential building insurance policy only because the\npolicy was obtained by misrepresentation or nondisclosure by the\nbuilder.\n\n","sortOrder":160},{"sectionNumber":"93","sectionType":"section","heading":"Claims if builder insolvent and work unfinished","content":"93 Claims if builder insolvent and work unfinished\n(a) a builder is not the owner of the land where the builder is\ncarrying out insurable residential building work; and\n(b) the builder fails to complete the work because the builder\nbecomes insolvent; and\n(c) the owner has paid the builder part or all of the cost of the work;\nand\n(d) the work is insured under a complying residential building\ninsurance policy.\n(2) The owner is not entitled to recover from the insurer any amount by\nwhich the amount paid exceeds the cost of the work done.\n(3) However, if the owner has paid a deposit on the work and the cost of\nany work done is less than the amount of the deposit, the owner may\nrecover from the insurer the lesser of the following amounts:\n(a) the amount of the deposit less the cost of any work done;\n(b) the amount prescribed under the regulations less the cost of any\nwork done.\ndeposit, in relation to insurable residential building work, means an\namount that was paid or payable by the owner to the builder, under\nthe contract to carry out the work, before the beginning of the work.\ninsolvent—see section 90 (5).\n\n","sortOrder":161},{"sectionNumber":"94","sectionType":"section","heading":"Recovery from builder","content":"94 Recovery from builder\n(a) a court gives judgment in favour of a person in relation to a\nmatter for which the person is insured under a complying\nresidential building insurance policy; and\n(b) the insurer is a party to the proceeding in which the judgment is\ngiven; and\n(c) the judgment is not satisfied in full within 30 days after the day\njudgment is entered.\n(2) The judgment creditor may apply to the court for a direction that\njudgment be entered in favour of the creditor against the authorised\ninsurer who issued the policy.\n(3) The judgment creditor must give the insurer at least 7 days written\nnotice of the creditor’s intention to make an application.\n(4) A judgment entered against an authorised insurer is enforceable only\nto the extent that it had not been satisfied at the time the judgment\nwas entered.\n(5) An authorised insurer may, in addition to any other right or remedy,\nrecover from a builder in relation to whose work a complying\nresidential building insurance policy was issued so much of the\nfollowing as the insurer has paid under or because of the policy:\n(a) any judgment entered or obtained against the insurer; and\n(b) any amounts paid by the insurer in payment, settlement or\ncompromise of a claim or judgment against the builder or of a\njudgment entered or obtained against the insurer; and\n(c) the costs of, and expenses reasonably incurred by, the insurer.\n\n","sortOrder":162},{"sectionNumber":"95","sectionType":"section","heading":"Duties of insurers","content":"95 Duties of insurers\n(a) the person has been an authorised insurer in the business of\nissuing residential building insurance policies; and\n(b) the person ceases to be in that business, or the person’s authority\nto carry on insurance business is cancelled under the Insurance\nAct 1973 (Cwlth); and\n(c) the person fails to notify the construction occupations registrar\nof the cessation or cancellation within 7 days after the day of\ncessation or cancellation.\n(2) An offence under subsection (1) is a strict liability offence.\n(3) An authorised insurer must not represent that an insurance policy\nissued or to be issued by the insurer is complying residential building\nwork insurance if the insurer knows that it is not.\nMaximum penalty: 250 penalty units.\n(4) On or before 31 July in each year, an authorised insurer must give a\nwritten statement to the construction occupations registrar in relation\nto claims on residential building insurance policies dealt with by the\ninsurer in the financial year ending on the previous 30 June, stating\nthe following:\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.\n\n","sortOrder":163},{"sectionNumber":"96","sectionType":"section","heading":"Approval of fidelity fund scheme—application","content":"96 Approval of fidelity fund scheme—application\n(1) The trustees of a fidelity fund scheme may apply to the Minister for\napproval of the scheme.\n(a) be in writing and signed by all the trustees of the scheme; and\n(b) include—\n(i) a copy of the trust deed; and\n(ii) evidence to show the scheme complies with the approval\ncriteria; and\n(iii) the address for service for the trustees.\n","sortOrder":164},{"sectionNumber":"97","sectionType":"section","heading":"Approval of fidelity fund scheme—request for more","content":"97 Approval of fidelity fund scheme—request for more\n(1) The Minister may, in writing, ask an applicant under section 96 to\ngive the Minister the additional information that the Minister\nreasonably needs to decide the application.\n(2) The Minister may refuse to consider the application further if the\ninformation is not provided within the period stated in the request.\n","sortOrder":165},{"sectionNumber":"98","sectionType":"section","heading":"Approval of fidelity fund scheme—decision on","content":"98 Approval of fidelity fund scheme—decision on\napplication\n(1) If the Minister receives an application under section 96, the Minister\nmust approve, or refuse to approve, the fidelity fund scheme.\nNote An approval may be given subject to conditions (see s 100).\n(2) The Minister may approve a fidelity fund scheme only if satisfied the\nscheme complies with the approval criteria.\n\n(3) Before approving a fidelity fund scheme, the Minister may require\nchanges to be made to the scheme to ensure that it complies with the\napproval criteria.\n(4) An approval is a notifiable instrument.\n","sortOrder":166},{"sectionNumber":"99","sectionType":"section","heading":"Approval criteria for schemes","content":"99 Approval criteria for schemes\n(1) The Minister may determine requirements (the approval criteria) for\nthis Act with which a fidelity fund scheme must comply to be an\napproved scheme.\n(2) Without limiting the matters that may be included in approval criteria,\nthe approval criteria may include requirements in relation to the\n(a) the management of the scheme;\n(b) the content of the trust deed for the scheme;\n(c) suitability for appointment as a trustee of the scheme;\n(d) the content of fidelity certificates;\n(e) building work for which a fidelity certificate may, or must not,\nbe issued under the scheme;\n(f) making, assessing and dealing with claims under a fidelity\ncertificate issued under the scheme;\n(g) complaint handling in relation to fidelity certificates and claims\nunder fidelity certificates.\n(3) The approval criteria may apply, adopt or incorporate a law or\ninstrument, or a provision of a law or instrument, as in force from\ntime to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or as at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n\n(4) A determination is a disallowable instrument.\n","sortOrder":167},{"sectionNumber":"100","sectionType":"section","heading":"Approved scheme—conditions","content":"100 Approved scheme—conditions\n(1) A fidelity fund scheme’s approval is subject to the following\nconditions:\n(a) the approved scheme must continue to comply with the approval\ncriteria;\n(b) the trustees of the approved scheme must tell the Minister, in\nwriting, if there is a material change to the way in which the\napproved scheme complies with the approval criteria;\n(c) a condition prescribed by regulation;\n(d) any other condition the Minister considers appropriate.\n(2) A condition may be expressed to have effect despite anything in the\nprudential standards.\n(3) The trustees of an approved scheme each commit an offence if the\nscheme does not comply with a condition mentioned in\nsubsection (1).\n","sortOrder":168},{"sectionNumber":"101","sectionType":"section","heading":"Approved scheme—application to change","content":"101 Approved scheme—application to change\n(1) The trustees of an approved scheme may apply to the Minister to\nchange the scheme.\n(a) be in writing and signed by all the trustees of the scheme; and\n(b) set out the proposed change to the scheme and the reasons for\nthe change; and\n\n(c) include evidence to show the proposed change to the scheme\ncomplies with the approval criteria.\n(3) However, the Minister may declare a change to an approved scheme\nto be a change for which approval is not required.\n(4) A declaration is a notifiable instrument.\n","sortOrder":169},{"sectionNumber":"102","sectionType":"section","heading":"Approved scheme—decision on application to change","content":"102 Approved scheme—decision on application to change\n(1) If the Minister receives an application under section 101, the Minister\nmust approve, or refuse to approve, the change.\n(2) The Minister may approve a change to a fidelity fund scheme only if\nsatisfied the scheme would continue to comply with the approval\ncriteria and the prudential standards.\n(3) An approval or refusal is a notifiable instrument.\n","sortOrder":170},{"sectionNumber":"103","sectionType":"section","heading":"Prudential standards","content":"103 Prudential standards\n(1) The Minister may determine standards (the prudential standards) for\nthis Act relating to prudential matters that must be complied with by\nan approved scheme.\nNote Power given under an Act to make a statutory instrument includes power\nto make different provision for different categories, eg different kinds of\nschemes (see Legislation Act, s 48).\n(2) The prudential standards may—\n(a) require approval of the trustees of the approved scheme; and\n(b) make provision in relation to—\n(i) the capital adequacy of the scheme; and\n(ii) the valuation of liabilities; and\n(iii) the effectiveness of risk management strategies and\ntechniques; and\n\n(iv) requiring the giving of information to the commissioner for\nfair trading, or any other entity prescribed under the\nprudential standards, about decisions by the trustees to pay\nor refuse to pay claims.\nNote An Act that authorises the making of a statutory instrument (eg prudential\nstandards) also authorises an instrument to be made with respect to any\nmatter required or permitted to be prescribed under the authorising law\nor that is necessary or convenient to be prescribed for carrying out or\ngiving effect to the authorising law (see Legislation Act, s 44).\n(3) The prudential standards may—\n(a) provide for the exercise of discretions under the standards,\nincluding discretions to approve, impose, adjust or exclude\nparticular prudential requirements in relation of an approved\nscheme; and\n(b) apply, adopt or incorporate a law or instrument, or a provision\nof a law or instrument, as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or as at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(4) A determination under this section is a disallowable instrument.\nprudential matters, for an approved scheme, means matters relating\nto the conduct by the trustees of the scheme of any of the scheme’s\naffairs—\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.\n\n","sortOrder":171},{"sectionNumber":"104","sectionType":"section","heading":"Compliance with prudential standards by trustees","content":"104 Compliance with prudential standards by trustees\n(1) The trustees of an approved scheme each commit an offence if the\ntrustees fail to ensure that the scheme complies with the prudential\n","sortOrder":172},{"sectionNumber":"105","sectionType":"section","heading":"Notice to trustees to comply with prudential standards","content":"105 Notice to trustees to comply with prudential standards\n(1) This section applies if the Minister is satisfied on reasonable grounds\nthat an approved scheme—\n(a) is contravening a provision of the prudential standards; or\n(b) is likely to contravene a provision of the prudential standards in\na way that is likely to give rise to prudential risk.\n(2) The Minister may, by written notice given to the trustees of the\napproved scheme, require the trustees to comply with a provision of\nthe prudential standards within a stated time.\n(3) The trustees must comply with the notice despite anything in the trust\ndeed or in any contract or arrangement to which they are a party.\n(4) The trustees of an approved scheme each commit an offence if the\ntrustees fail to comply with a notice given to the trustees under this\n\n","sortOrder":173},{"sectionNumber":"106","sectionType":"section","heading":"Notice to trustees requiring information","content":"106 Notice to trustees requiring information\n(1) The Minister may, by written notice given to the trustees of an\napproved scheme, require the trustees to give the Minister stated\ninformation about anything relevant to the scheme’s ability to meet\nits liabilities and potential liabilities at a particular date or time or at\nparticular intervals, including, for example, information about—\n(a) the scheme’s liabilities and potential liabilities; and\n(b) contributions to the scheme; and\n(c) administrative or other costs of the scheme; and\n(d) claims received by the scheme.\n(2) The notice must state a reasonable period for complying with the\n(3) Without limiting subsection (1) (d), the notice may require\ninformation about—\n(a) the number of claims received by the scheme; and\n(b) the amount of each claim; and\n(c) the number of claims that have been paid; and\n(d) the amount paid on each claim; and\n(e) if a claim was rejected—the reason for its rejection.\n(4) The trustees of an approved scheme each commit an offence if the\ntrustees fail to comply with a notice given to the trustees under this\n\n","sortOrder":174},{"sectionNumber":"107","sectionType":"section","heading":"Suspension or cancellation of approval of approved","content":"107 Suspension or cancellation of approval of approved\nscheme\n(1) The Minister may take action under this section in relation to an\napproved scheme on any of following grounds:\n(a) the trustees of the scheme have contravened this Act or another\nterritory law in relation to the scheme;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including\nregulations and disallowable instruments (see Legislation\n(b) the scheme is insolvent and is unlikely to return to solvency\nwithin a reasonable time;\n(c) the scheme has inadequate capital and is unlikely to have\nadequate capital within a reasonable time;\n(d) the scheme is, or is likely to become, unable to meet its\nliabilities;\n(e) there is, or there may be, a risk to the security of the scheme’s\nassets;\n(f) there is, or there may be, a sudden deterioration in the scheme’s\nfinancial condition;\n(g) the scheme has ceased to issue fidelity certificates in the ACT;\n(h) a ground prescribed under the prudential standards exists for the\nsuspension or cancellation of the approval of the scheme;\n(i) a ground prescribed by regulation for the suspension or\ncancellation of the approval of the scheme.\n\n(2) If the Minister proposes to suspend or cancel the approval of the\nscheme, the Minister must give the trustees of the scheme a written\nnotice—\n(a) stating the grounds on which the Minister proposes to suspend\nor cancel the approval; and\n(b) stating the facts that, in the Minister’s opinion, establish the\ngrounds; and\n(c) telling the trustees that the trustees may, within a stated\nreasonable time, give a written response to the Minister about\nthe matters in the notice.\n(3) If, after considering any response given under subsection (2) (c), the\nMinister is satisfied that the grounds for suspending or cancelling the\napproval have been established, the Minister may suspend or cancel\nthe approval.\n(4) If the Minister suspends or cancels an approval, the Minister must\ngive written notice of the suspension or cancellation to the trustees.\n(5) Suspension or cancellation of an approval takes effect on the day\nwhen notice of the suspension or cancellation is given to the trustees\nor, if the notice states a later date of effect, that date.\n(6) A suspension or cancellation under this section is a notifiable\ninstrument.\n","sortOrder":175},{"sectionNumber":"108","sectionType":"section","heading":"Cancellation of approval on application","content":"108 Cancellation of approval on application\n(1) The Minister may cancel the approval of an approved scheme if the\ntrustees of the scheme ask the Minister, in writing, to do so.\n(2) If the Minister cancels the approval, the Minister must give written\nnotice of the cancellation to the trustees.\n(3) A cancellation under this section is a notifiable instrument.\n\n","sortOrder":176},{"sectionNumber":"109","sectionType":"section","heading":"Orders consequential on etc suspension or cancellation","content":"109 Orders consequential on etc suspension or cancellation\n(1) If the Minister suspends or cancels the approval of a fidelity fund\nscheme under this division, the Minister may apply to the Supreme\nCourt for orders to give effect to, or consequential on, the suspension\nor cancellation.\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.\n","sortOrder":177},{"sectionNumber":"110","sectionType":"section","heading":"Address for service for trustees","content":"110 Address for service for trustees\n(1) The trustees of an approved scheme must, at all times, have an address\nfor service in the ACT for this Act.\n(2) An address becomes the address for service for the trustees when\nwritten notice of the address is given by the trustees to the Minister.\n(3) The address continues to be the address for service until the Minister\nis given written notice by the trustees of another address for service\nfor the trustees.\n","sortOrder":178},{"sectionNumber":"Div 6","sectionType":"division","heading":"5 Auditors and actuaries of approved","content":"Division 6.5 Auditors and actuaries of approved\nschemes\n","sortOrder":179},{"sectionNumber":"111","sectionType":"section","heading":"Appointment of auditor and actuary for approved scheme","content":"111 Appointment of auditor and actuary for approved scheme\n(1) The trustees of an approved scheme must appoint—\n(a) an auditor for the scheme; and\n(b) an actuary for the scheme.\nNote For the making of appointments (including acting appointments), see\n\n(2) Within 6 weeks after a person stops being the auditor or actuary for\nan approved scheme, the trustees must appoint someone else to be\nauditor or actuary.\n(3) A person may only hold an appointment as auditor or actuary for an\napproved scheme if—\n(a) the Minister has approved the appointment and its terms; and\n(b) the approval has not been revoked.\n(4) The appointment of a person as auditor or actuary for an approved\nscheme cannot take effect while an appointment of someone else in\nthat position is current.\n","sortOrder":180},{"sectionNumber":"112","sectionType":"section","heading":"Approval of appointment of auditor or actuary","content":"112 Approval of appointment of auditor or actuary\n(1) The trustees of an approved scheme may, in writing, ask the Minister\nto approve—\n(a) the appointment of a person as auditor for the scheme; or\n(b) the appointment of a person as actuary for the scheme.\n(2) The Minister may approve the appointment only if satisfied that the\nperson meets the eligibility criteria for the appointment prescribed\nunder the prudential standards.\n(3) The Minister must give the trustees notice of the Minister’s decision\nto approve or refuse to approve the appointment.\n(4) If the Minister refuses to approve an appointment, the notice must\ninclude the reasons for the refusal.\nNote For what must be included in a statement of reasons, see the Legislation\nAct, s 179.\n\n","sortOrder":181},{"sectionNumber":"113","sectionType":"section","heading":"Revocation of approval of appointment of auditor or","content":"113 Revocation of approval of appointment of auditor or\nactuary\n(1) The Minister may, in writing, revoke the approval of a person’s\nappointment as auditor or actuary for an approved scheme if satisfied\nthat the person—\n(a) has failed to exercise adequately and properly the functions of\nthe appointment under this Act; or\nmade or in force under the Act, including regulations (see Legislation\n(b) does not meet 1 or more of the criteria for fitness and propriety\nprescribed under the prudential standards; or\n(c) does not meet the eligibility criteria for the appointment\nprescribed under the prudential standards.\n(2) The revocation of the approval takes effect on the day the revocation\nis made.\n(3) The Minister must give a copy of the revocation to the person and to\nthe trustees of the approved scheme.\n","sortOrder":182},{"sectionNumber":"114","sectionType":"section","heading":"When person stops holding appointment as auditor or","content":"114 When person stops holding appointment as auditor or\nactuary\nA person stops holding an appointment as auditor or actuary of an\napproved scheme if—\n(a) the approval of the person’s appointment is revoked under\nsection 113; or\n(b) the person resigns the appointment by giving written notice to\nthe trustees of the approved scheme; or\n(c) the trustees end the appointment by giving written notice to the\nperson.\n\n","sortOrder":183},{"sectionNumber":"115","sectionType":"section","heading":"Notification of appointment or ending of appointment of","content":"115 Notification of appointment or ending of appointment of\nauditor or actuary\n(1) Within 14 days after the day the trustees for an approved scheme\nappoint a person as auditor or actuary for the scheme, the trustees\nmust give the Minister written notice of the appointment and anything\nelse prescribed under the prudential standards.\n(2) Within 14 days after the day a person stops being auditor or actuary\nfor an approved scheme, the trustees must give the Minister written\nnotice of that event, including the date when it happened and the\nreasons for and circumstances of that event.\n(3) Subsection (2) does not apply in relation to the revocation by the\nMinister of the approval of a person’s appointment.\n","sortOrder":184},{"sectionNumber":"116","sectionType":"section","heading":"Compliance with prudential standards by auditors and","content":"116 Compliance with prudential standards by auditors and\nactuaries\n(1) The auditor or actuary for an approved scheme commits an offence if\nthe auditor or actuary contravenes the prudential standards in relation\nto the exercise of their functions as auditor or actuary for the scheme.\n(2) An offence against this section is an offence of strict liability.\n","sortOrder":185},{"sectionNumber":"117","sectionType":"section","heading":"Auditor and actuary to tell Minister if scheme insolvent","content":"117 Auditor and actuary to tell Minister if scheme insolvent\netc\nThe auditor or actuary for an approved scheme commits an offence if\nthe auditor or actuary—\n(a) forms the belief that—\n(i) the scheme is insolvent, or there is a significant risk that it\nwill become insolvent; or\n\n(ii) the trustees have contravened this Act or another territory\nlaw in relation to the scheme; and\nmade or in force under the Act, including regulations and prudential\nstandards (see Legislation Act, s 104).\n(b) fails to give the Minister written notice about the matter within\n7 days after the day the auditor or actuary forms the belief.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n","sortOrder":186},{"sectionNumber":"118","sectionType":"section","heading":"Giving of information to Minister by auditor or actuary etc","content":"118 Giving of information to Minister by auditor or actuary etc\n(1) This section applies to a person who is, or has been, an auditor or\nactuary for an approved scheme.\n(2) The person may give information to the Minister about the approved\nscheme if the person considers that giving information will assist the\nMinister to exercise the Minister’s functions under this part.\n(3) If this section applies to a person, the Minister may, by written notice\ngiven to the person, require the person to give stated information\nabout the approved scheme to the Minister within a stated reasonable\ntime.\n(4) A person commits an offence if the person contravenes a notice under\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n","sortOrder":187},{"sectionNumber":"119","sectionType":"section","heading":"Auditor’s role","content":"119 Auditor’s role\n(1) The auditor for an approved scheme must, in accordance with the\nprudential standards—\n(a) exercise the functions of auditor for the scheme prescribed under\nthe prudential standards; and\n\n(b) find out and report on whether the trustees of the scheme are\ncomplying with the prudential standards; and\n(c) prepare, and give to the trustees of the scheme, any reports\nrequired under the prudential standards to be prepared by the\nauditor; and\n(d) give the trustees any certificates relating to the scheme’s\naccounts that are required under the prudential standards to be\nprepared by the auditor.\n(2) A report under subsection (1) (c) must deal with everything required\nunder the prudential standards to be dealt with in the report.\n(3) A certificate under subsection (1) (d) must contain statements of the\nauditor’s opinion on the matters required under the prudential\nstandards to be dealt with in the certificate.\n","sortOrder":188},{"sectionNumber":"120","sectionType":"section","heading":"Actuary’s role","content":"120 Actuary’s role\n(1) The actuary for an approved scheme must, in accordance with the\nprudential standards—\n(a) exercise the functions of actuary for the scheme prescribed\nunder the prudential standards; and\n(b) prepare, and give to the trustees of the scheme, the reports\n(if any) required under the prudential standards to be prepared\nby the actuary.\n(2) A report under subsection (1) (b) must deal with everything required\nunder the prudential standards to be dealt with in the report.\n","sortOrder":189},{"sectionNumber":"121","sectionType":"section","heading":"Certificates and reports required to be given to Minister","content":"121 Certificates and reports required to be given to Minister\n(1) The trustees of an approved scheme must, in accordance with the\nprudential standards, give to the Minister—\n(a) a copy of each certificate given to the trustees under section 119\n(Auditor’s role); and\n\n(b) the reports mentioned in that section and section 120.\n","sortOrder":190},{"sectionNumber":"122","sectionType":"section","heading":"Special actuary to investigate liabilities","content":"122 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, at the scheme’s\nexpense, an additional actuary (the special actuary) to—\n(a) investigate completely or partially the scheme’s liabilities as at\na particular time; and\n(b) give the Minister a written report within a stated period.\nNote For the making of appointments (including acting appointments), see the\n(2) The special actuary must not be—\n(a) the actuary appointed under section 111 (Appointment of\nauditor and actuary for approved scheme); or\n(b) a trustee or officer of the scheme.\nNote For who can be appointed a special actuary, see s 125.\n(3) Within 7 days after the day the trustees are given the notice, the\ntrustees must appoint the special actuary and give the Minister written\nnotice of the actuary’s name.\n(4) The trustees of an approved scheme commit an offence if the trustees\nfail to comply with subsection (3).\n\n","sortOrder":191},{"sectionNumber":"123","sectionType":"section","heading":"Objection to special actuary by Minister","content":"123 Objection to special actuary by Minister\n(1) This section applies if the trustees of an approved scheme notify the\nMinister of the special actuary’s name under section 122 (3).\n(2) Within 7 days after the day the Minister is notified, the Minister may\ngive written notice to the trustees that the actuary is not acceptable to\nthe Minister.\n(3) If the trustees are given a notice under subsection (2), the trustees\nmust within 7 days after the day they are given notice—\n(a) appoint a different special actuary; and\n(b) give the Minister written notice of the name of that actuary.\n(4) Subsection (2) applies whether the notification of the special\nactuary’s name is under section 122 (3) or subsection (3) (b).\n(5) The trustees of an approved scheme commit an offence if the trustees\nfail to comply with subsection (3).\n(6) An offence against this section is a strict liability offence.\n","sortOrder":192},{"sectionNumber":"124","sectionType":"section","heading":"Special actuary’s report","content":"124 Special actuary’s report\n(1) The trustees must ensure that a special actuary’s report is given to the\n(a) within 30 days after the day the Minister gave the notice under\nsection 122 (1); or\n(b) within any additional further time the Minister allows in writing.\n(2) The report must be signed by the special actuary.\n\n(3) Also, the report must contain a statement of the special actuary’s\nopinion about each of the following:\n(a) the adequacy of the whole or part of the amount stated in the\nscheme’s accounts in relation to its liabilities, and the amount\nthat the actuary considers would be adequate in the\ncircumstances;\n(b) the accuracy of any relevant valuations made by the actuary;\n(c) the assumptions used by the actuary in making the valuations;\n(d) the relevance, appropriateness and accuracy of the information\non which those valuations were based;\n(e) anything else in relation to which the prudential standards\nrequire a statement of the actuary’s opinion to be included in the\nreport.\n(4) The trustees of an approved scheme commit an offence if the trustees\nfail to comply with subsection (1).\n","sortOrder":193},{"sectionNumber":"125","sectionType":"section","heading":"Who can be appointed as special actuary","content":"125 Who can be appointed as special actuary\n(1) A person can only be appointed as a special actuary for section 122\n(Special actuary to investigate liabilities) if the person—\n(a) is a Fellow of The Institute of Actuaries of Australia; or\n(b) the Minister has, in writing, approved the person as an actuary\nfor that section.\n(2) The Minister may approve a person only if satisfied that the person\nhas actuarial qualifications and experience that make the person an\nappropriate person to exercise the functions of a special actuary for\nsection 122.\n\n","sortOrder":194},{"sectionNumber":"126","sectionType":"section","heading":"Obligations of trustees to auditors and actuaries","content":"126 Obligations of trustees to auditors and actuaries\n(1) The trustees of an approved scheme commit an offence if the trustees\nfail to make arrangements necessary to enable the auditor or actuary\nfor the scheme, or any special actuary for the scheme, to exercise their\nfunctions in relation to the scheme.\n","sortOrder":195},{"sectionNumber":"127","sectionType":"section","heading":"Protection of auditor and actuary from liability","content":"127 Protection of auditor and actuary from liability\n(1) The auditor or actuary for an approved scheme, and any special\nactuary for the scheme, does not incur civil or criminal liability for an\nact or omission done honestly as the auditor or actuary.\n(2) A civil liability that would, apart from this section, attach to the\nauditor or actuary attaches instead to the Territory.\n127AA Consumer representative—appointment\n(1) The Minister may appoint a person to advise the Minister about the\ninterests of owners in relation to approved schemes (a consumer\nrepresentative).\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) The Minister must not appoint a public servant or a person who\nrepresents the building and construction industry as the consumer\nrepresentative.\n(3) A regulation may prescribe criteria for the appointment of a person as\nthe consumer representative.\n(4) An appointment as the consumer representative must be for not\nlonger than 3 years.\n(5) An appointment is a notifiable instrument.\n\nConsumer representative Division 6.6\n(6) The conditions of the consumer representative’s appointment are the\nconditions agreed between the Minister and the person.\n127AB Consumer representative—terms of reference\n(1) If the Minister appoints a consumer representative, the Minister must\ndetermine terms of reference for the exercise of functions by the\nconsumer representative.\n(2) The terms of reference may include terms in relation to when the\nconsumer representative may—\n(a) attend a meeting of the trustees of an approved scheme; or\n(b) request information from the trustees of an approved scheme.\n(3) The terms of reference are a notifiable instrument.\n(4) The consumer representative must comply with the terms of reference\napproved by the Minister.\n127AC Consumer representative—ending appointment\nThe Minister may end a person’s appointment as the consumer\nrepresentative—\n(a) if the person does not provide advice within a reasonable time\nwhen asked by the Minister; or\n(b) for misbehaviour; or\n(c) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s ability to give advice to the\nMinister; or\n(d) if the Minister becomes aware that the person has at any time\nbeen convicted in Australia of an offence punishable by\nimprisonment for 1 year or longer; or\n\n(e) if the Minister becomes aware that the person has at any time\nbeen convicted outside Australia of an offence that, if it had been\ncommitted in the ACT, would be punishable by imprisonment\nfor 1 year or longer.\n\nObjects and important concepts Division 6A.1\n","sortOrder":196},{"sectionNumber":"127A","sectionType":"section","heading":"Definitions—pt 6A","content":"127A Definitions—pt 6A\nbuilding practitioner means an entity—\n(a) that holds, or has held, a builders licence; or\n(b) that is a party to a residential building work contract with\nobligations under the contract to—\n(i) carry out, or arrange for someone else to carry out,\nresidential building work; or\n(ii) sell a residential building, or part of a residential building;\nor\n(c) prescribed by regulation.\ndeveloper—see the Unit Titles Act 2001, dictionary.\nrelated building activity means work in relation to building 1 or more\nof the following structures in connection with a residential building:\n(a) a driveway;\n(b) external paving;\n(c) a swimming pool;\n(d) a structure prescribed by regulation.\nresidential building—see section 84.\nresidential building work—see section 84.\nresidential building work contract—see section 89B (1).\n\n","sortOrder":197},{"sectionNumber":"127B","sectionType":"section","heading":"Meaning of residential building dispute—pt 6A","content":"127B Meaning of residential building dispute—pt 6A\nresidential building dispute means a dispute, about a residential\nbuilding matter, between—\n(a) a building owner; and\n(i) a building practitioner; or\n(ii) a developer.\n","sortOrder":198},{"sectionNumber":"127C","sectionType":"section","heading":"Meaning of residential building matter—pt 6A","content":"127C Meaning of residential building matter—pt 6A\nresidential building matter—\n(a) means any matter in relation to—\n(i) a residential building work contract; or\n(ii) the carrying out of residential building work; or\n(iii) the carrying out of a related building activity; and\n(b) includes any of the following:\n(i) breach of a warranty set out in division 6.2 (Statutory\nwarranties);\n(ii) contravention of section 42 (1) (a) to (d) (which are about\nrequirements for carrying out building work);\n(iii) failure to maintain the standard or quality of building work\nstated in a residential building work contract;\n(iv) failure to complete the residential building work required\nunder a residential building work contract in accordance\nwith the terms of the contract;\n\nObjects and important concepts Division 6A.1\n(v) failure to pay for residential building work carried out\nunder a residential building work contract;\n(vi) a matter prescribed by regulation; but\n(c) does not include a matter prescribed by regulation to not be a\nresidential building matter.\n","sortOrder":199},{"sectionNumber":"127D","sectionType":"section","heading":"Residential building dispute resolution process—purpose","content":"127D Residential building dispute resolution process—purpose\n(1) The purpose of a dispute resolution process under this part is to enable\nparties to a residential building dispute to do 1 or more of the\n(a) resolve a residential building dispute;\n(b) agree an amount to be paid to a party or the basis upon which an\namount is payable to a party;\n(c) if a residential building dispute is not resolved—narrow the\nmatters in dispute and, as far as practicable, agree on the future\nprogress of the dispute.\n(2) Parties engaged in a dispute resolution process must make a genuine\neffort to resolve the dispute.\n","sortOrder":200},{"sectionNumber":"127E","sectionType":"section","heading":"Prescription of dispute resolution processes","content":"127E Prescription of dispute resolution processes\nA regulation may prescribe the following:\n(a) kinds of dispute resolution for residential building disputes,\nincluding requirements for a form of dispute resolution;\n(b) a kind of dispute resolution that may or must be used for a\nresidential building dispute about a particular residential\nbuilding matter;\n(c) particular residential building disputes that must not be resolved\nby a dispute resolution process under this part.\n\n","sortOrder":201},{"sectionNumber":"Div 6A","sectionType":"division","heading":"2 Residential building dispute","content":"Division 6A.2 Residential building dispute\nadministrator\n","sortOrder":202},{"sectionNumber":"127F","sectionType":"section","heading":"Residential building dispute administrator—appointment","content":"127F Residential building dispute administrator—appointment\n(1) The director-general may appoint a public servant as the Residential\nBuilding Dispute Administrator to oversee dispute resolution in\nrelation to residential building disputes (the administrator).\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) However, the director-general—\n(a) may only appoint a person as administrator if satisfied that the\nperson—\n(i) is qualified in alternative dispute resolution and mediation;\nand\n(ii) has an understanding of disputes in the building and\nconstruction industry; and\n(iii) satisfies any requirement prescribed by regulation; but\n(b) must not appoint a person as administrator if the person is\nappointed to a statutory office prescribed by regulation.\n(3) The appointment must not be for longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n\nResidential building dispute administrator Division 6A.2\n","sortOrder":203},{"sectionNumber":"127G","sectionType":"section","heading":"Dispute resolution officers","content":"127G Dispute resolution officers\n(1) The administrator may appoint a public servant to be a dispute\nresolution officer for this Act.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nadministrator is satisfied that the person is competent to exercise the\nfunctions of a dispute resolution officer under this Act.\n(3) A regulation may prescribe matters that the administrator must\n(4) A dispute resolution officer has the functions of a dispute resolution\nofficer under this Act and any other function given to the officer by\nthe administrator.\n(5) A dispute resolution officer must exercise the officer’s functions in\n(a) the instrument of appointment; and\n(b) any directions the administrator gives the officer.\n","sortOrder":204},{"sectionNumber":"127H","sectionType":"section","heading":"Technical building assessors","content":"127H Technical building assessors\n(1) The administrator may appoint a person to be a technical building\nassessor.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n\nadministrator is satisfied that the person is competent to exercise the\nfunctions of a technical building assessor under this Act.\n(3) A regulation may prescribe matters that the administrator must\n","sortOrder":205},{"sectionNumber":"127I","sectionType":"section","heading":"Consultants and contractors","content":"127I Consultants and contractors\n(1) The administrator may engage consultants and contractors.\n(2) However, the administrator must not enter into a contract of\nemployment under this section.\n","sortOrder":206},{"sectionNumber":"127J","sectionType":"section","heading":"Other arrangements for staff and facilities","content":"127J Other arrangements for staff and facilities\nThe administrator may arrange with the head of service to use the\nservices of a public servant or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n","sortOrder":207},{"sectionNumber":"127K","sectionType":"section","heading":"Delegation by administrator","content":"127K Delegation by administrator\nThe administrator may delegate the administrator’s functions under\nthis Act or another territory law to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":208},{"sectionNumber":"127L","sectionType":"section","heading":"Protection from liability","content":"127L Protection from liability\nThe administrator, dispute resolution officers and technical building\nassessors are not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in exercising a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n\n","sortOrder":209},{"sectionNumber":"127M","sectionType":"section","heading":"Referral of dispute","content":"127M Referral of dispute\n(1) A residential building dispute may be referred to the administrator\nby—\n(a) the Australian Capital Territory Construction Occupations\nRegistrar under the Construction Occupations (Licensing)\nAct 2004, section 123 (1) (c); or\n(b) the Commissioner for Fair Trading under the Fair Trading\n(Australian Consumer Law) Act 1992.\n(2) The administrator may refuse a referral if satisfied, on reasonable\ngrounds, that the dispute is more appropriately addressed by another\nentity.\n","sortOrder":210},{"sectionNumber":"127N","sectionType":"section","heading":"Lodgment of dispute","content":"127N Lodgment of dispute\n(1) A party to a residential building dispute may, in writing, lodge a\ndispute with the administrator for resolution.\n(2) The lodging party must—\n(a) state their name and address; and\n(b) identify each party to the dispute; and\n(c) state each residential building matter in dispute; and\n(d) include any information prescribed by regulation.\nExample—par (b)\nproviding a business name and ABN or ACN number\nNote 1 The Legislation Act, s 170 deals with the application of the privilege\nagainst self-incrimination.\nNote 2 It is an offence to make a false or misleading statement, give false or\n\n(3) The administrator may ask the lodging party to give the administrator,\nwithin a stated reasonable time, information about any party to the\ndispute or a residential building matter in dispute that the\nadministrator reasonably needs to understand the dispute.\n(4) The administrator may accept a dispute as lodged even if the lodging\nparty does not comply with subsection (2), if the administrator is\nsatisfied it is reasonable in all the circumstances to do so.\n","sortOrder":211},{"sectionNumber":"127O","sectionType":"section","heading":"Administrator may dismiss lodgment in certain","content":"127O Administrator may dismiss lodgment in certain\ncircumstances\n(1) The administrator may decide not to undertake dispute resolution in\nrelation to a dispute referred to or lodged with the administrator if\n1 or more of the following applies:\n(a) the lodging party does not comply with a requirement in the\nrequest made under section 127N (3);\n(b) the administrator is satisfied the lodging party failed, without\nreasonable excuse, to take reasonable steps to resolve the dispute\nbefore lodgment;\n(c) the dispute relates to a security of payment dispute under the\nBuilding and Construction Industry (Security of Payment)\nAct 2009;\n(d) the dispute relates to a decision of an authorised insurer or\nfidelity fund manager under this Act;\n(e) the administrator believes on reasonable grounds there is no\nreasonable likelihood of the dispute being settled by dispute\nresolution;\n(f) the dispute is frivolous, vexatious, or was not made in good\nfaith;\n(g) the lodging party has, in writing, withdrawn the dispute;\n(h) the dispute has been resolved.\n\n(2) However, the administrator must dismiss a dispute if the dispute is a\nkind prescribed by regulation as a residential building dispute that\nmust not be resolved by dispute resolution.\n(3) If the administrator dismisses a dispute, the administrator must give\nthe lodging party a statement of reasons for the decision.\nNote For what must be included in a statement of reasons, see the Legislation\nAct, s 179.\n","sortOrder":212},{"sectionNumber":"127P","sectionType":"section","heading":"Administrator may refer dispute in certain circumstances","content":"127P Administrator may refer dispute in certain circumstances\n(1) The administrator may refer a residential building dispute to another\nentity if the administrator believes on reasonable grounds the dispute\nis more appropriately addressed by the other entity.\n(2) However, the administrator may only refer a residential building\ndispute lodged with the administrator under section 127N with the\nwritten agreement of the party who lodged the dispute.\n","sortOrder":213},{"sectionNumber":"127Q","sectionType":"section","heading":"Commencing dispute resolution","content":"127Q Commencing dispute resolution\n(1) This section applies to a residential building dispute if the\nadministrator does not dismiss the dispute under section 127O or refer\nthe dispute under section 127P.\n(2) The administrator must decide—\n(a) the kind of dispute resolution process to be undertaken; and\n(b) the dispute resolution officer to conduct the dispute resolution\nprocess.\n(3) The administrator must tell each party to the residential building\ndispute, in writing—\n(a) the parties to the dispute; and\n(b) the dispute resolution officer who will conduct the dispute\nresolution process; and\n\n(c) the kind of dispute resolution process that will be undertaken;\nand\n(d) the expectation on parties participating in that kind of dispute\nresolution process.\n","sortOrder":214},{"sectionNumber":"127R","sectionType":"section","heading":"Information required for dispute resolution","content":"127R Information required for dispute resolution\n(1) A dispute resolution officer may ask a party to a residential building\ndispute to give the officer, within a stated reasonable time,\ninformation about a residential building matter in dispute that the\nofficer reasonably needs to conduct the dispute resolution process.\n(2) The administrator may, in writing, direct a technical building assessor\nto determine 1 or more of the following in relation to the residential\nbuilding dispute:\n(a) if residential building work or a related building activity has\nbeen carried out;\n(b) if residential building work or a related building activity is\ndefective or incomplete;\n(c) if residential building work or a related building activity satisfies\nthe conditions set for payment of an amount under this Act or a\nresidential building work contract;\n(d) a matter prescribed by regulation.\n(3) A technical building assessor must give a dispute resolution officer a\nreport that details anything determined for subsection (2).\n\n","sortOrder":215},{"sectionNumber":"127S","sectionType":"section","heading":"Record of resolution","content":"127S Record of resolution\n(1) This section applies if a residential building dispute is resolved.\n(2) The dispute resolution officer must prepare a written record of the\nresolution agreed by the parties setting out—\n(a) the terms of agreement; and\n(b) any action a party to the dispute has agreed to undertake and the\ntime within which the action must be undertaken.\n(3) The record of resolution is confirmed when each party to the\nresidential building dispute and the administrator signs the record.\n","sortOrder":216},{"sectionNumber":"127T","sectionType":"section","heading":"Dispute resolution—confidentiality","content":"127T Dispute resolution—confidentiality\n(1) A person exercising a function under this part and the parties to a\nresidential building dispute must not disclose to anyone not involved\nin the dispute resolution process any information or document\nproduced during the dispute resolution process unless—\n(a) required by law to make the disclosure; or\n(b) each party and the dispute resolution officer agree, in writing, to\nthe disclosure.\n(2) Any information disclosed to the administrator, a dispute resolution\nofficer or a building dispute assessor by a party in private must be\ntreated by the officer as confidential, unless the party making the\ndisclosure expressly states otherwise.\n\nResidential building disputes\n","sortOrder":217},{"sectionNumber":"127U","sectionType":"section","heading":"Dispute resolution trust establishment","content":"127U Dispute resolution trust establishment\nThe director-general may keep an account (a dispute resolution trust\naccount) for this part.\n","sortOrder":218},{"sectionNumber":"127V","sectionType":"section","heading":"Interest on amounts in trust account","content":"127V Interest on amounts in trust account\n(1) This section applies to interest from the investment of any amount\npaid to the credit of the dispute resolution trust account under this\npart.\n(2) The director-general must pay the interest into the dispute resolution\ntrust account.\n(3) Interest paid into the dispute resolution trust account may be applied\nfor the following purposes:\n(a) providing dispute resolution services for residential building\nmatter disputes;\n(b) reimbursing the costs incurred by the administrator in\ninstituting, defending or taking over proceedings in relation to\nresidential building matter disputes;\n(c) reimbursing the Territory the cost of administering this part;\n(d) any other purpose prescribed by regulation.\n\nBuilding inspectors Division 7.1\n","sortOrder":219},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 Building inspectors","content":"Division 7.1 Building inspectors\n","sortOrder":220},{"sectionNumber":"128","sectionType":"section","heading":"Appointment of building inspectors","content":"128 Appointment of building inspectors\n(1) The construction occupations registrar may appoint a person to be a\nbuilding inspector for this Act.\nNote 1 For the making of appointments (including acting appointments), see\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\nconstruction occupations registrar is satisfied that the person is\ncompetent to exercise the functions of a building inspector under this\nAct.\n(3) A regulation may prescribe matters that the construction occupations\nregistrar must consider in relation to a person’s competency for\nsubsection (2).\n(4) An appointment must be for a term of not longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n(5) A building inspector has the functions of a building inspector under\nthis Act and any other function given to the inspector by the\nconstruction occupations registrar.\n(6) A building inspector must exercise the inspector’s functions in\n(a) the instrument of appointment; and\n(b) any directions the construction occupations registrar gives the\ninspector.\n\nDivision 7.2 Inspection of building work and authority for required work\n","sortOrder":221},{"sectionNumber":"129","sectionType":"section","heading":"Identity cards","content":"129 Identity cards\n(1) The construction occupations registrar must issue a building inspector\nwith an identity card that states the person is an inspector for this Act,\nor stated provisions of this Act, and shows—\n(a) a recent photograph of the person; and\n(b) the name of the person; and\n(c) the date of issue of the card; and\n(d) a date of expiry for the card; and\n(e) anything else prescribed under the regulations.\n(2) A person who ceases to be an inspector must return the person’s\nidentity card to the construction occupations registrar as soon as\npracticable, but no later than 7 days after ceasing to be an inspector.\nMaximum penalty: 1 penalty unit.\n(3) An offence against subsection (2) is a strict liability offence.\nDivision 7.2 Inspection of building work and\nauthority for required work\n","sortOrder":222},{"sectionNumber":"130","sectionType":"section","heading":"Inspection of approved building work","content":"130 Inspection of approved building work\nA building inspector may inspect building work for which a building\napproval has been issued to decide whether the building work is\nbeing, or has been, carried out in accordance with this Act.\nmade or in force under the Act, including regulations and the building\ncode (see Legislation Act, s 104).\n\nInspection of building work and authority for required work Division 7.2\n","sortOrder":223},{"sectionNumber":"131","sectionType":"section","heading":"Inspection of building work where no approval","content":"131 Inspection of building work where no approval\n(1) This section applies if the construction occupations registrar has\nreasonable grounds for suspecting that—\n(a) a building approval has not been issued for building work not\nexempt from part 3 that is being, or has been, carried out; or\n(b) building work exempt from all or part of this Act does not\ncomply with the exemption; or\n(c) building work is not being, or has not been, carried out in\naccordance with the approved plans for the work or a notice\nunder part 4 (Stop and other notices and demolition orders); or\n(d) if plans or plans and specification have been approved under this\nAct for the erection or alteration of a building—\n(i) the completed building has deteriorated, or is likely to\ndeteriorate, so that the building is, or is likely to become,\nunfit for use as a building of the class stated, or for the\npurpose stated, in the plans or plans and specifications\napproved in relation to the most recent building work\ncarried out in relation to the building; or\n(ii) the building is being used other than as a building of the\nclass stated, or for the purpose stated, in the plans or plans\nand specifications approved in relation to the most recent\nbuilding work carried out in relation to the building; or\n(e) for a building other than a building to which paragraph (d)\napplies—the building has deteriorated to the extent that it is unfit\nfor any use; or\n(f) a building or part of a building is no longer structurally sound;\nor\n\nDivision 7.2 Inspection of building work and authority for required work\n(g) because of the use to which the building has been or is being put,\nthe maximum safe live load has been or is being exceeded or the\nload on the building has been or is in excess of the load that the\nbuilding was designed to carry; or\n(h) a building or part of a building is unsafe because of fire hazard\nor unfit for use because of a danger to health.\n(i) the building is a regulated swimming pool that may not comply\nwith part 5A (Regulated swimming pools); or\n(j) a circumstance prescribed by regulation exists.\n(2) The construction occupations registrar may, in writing, authorise a\nbuilding inspector to carry out an inspection of the building work or\nthe building at any reasonable time.\n(3) The construction occupations registrar may, in writing, authorise a\nbuilding inspector to order the opening or cutting into or pulling down\nof the building work.\n(4) The construction occupations registrar may, in writing, authorise a\nperson to assist a building inspector who is authorised to act under\n(5) A written authority may only be given if the construction occupations\nregistrar believes on reasonable grounds that the person authorised\nhas the necessary skills and qualifications to act under this section.\n","sortOrder":224},{"sectionNumber":"132","sectionType":"section","heading":"Costs of inspection","content":"132 Costs of inspection\n(1) If, on inspection, it is found that there are grounds for the giving of a\nstop notice, the builder must bear the costs (the inspection costs) of\nany pulling down, opening or cutting into the building work carried\nout during the inspection.\n(2) However, if, on inspection, it is found that there are no grounds for\nthe giving of a stop notice, the Territory must bear the inspection costs\nand the costs of making good any damage to the building work caused\nby the inspection.\n\nNon-compliant buildings and building work Division 7.2A\n","sortOrder":225},{"sectionNumber":"133","sectionType":"section","heading":"Power to authorise required work","content":"133 Power to authorise required work\n(a) a notice has been issued under part 4 (Stop and other notices and\ndemolition orders); and\n(b) the notice has not been complied with.\n(2) The construction occupations registrar may, in writing, authorise a\nbuilding inspector to—\n(a) enter premises where the building work mentioned in the notice\nhas been, is being or should have been carried out; and\n(b) carry out the building work mentioned in the notice.\n(3) The construction occupations registrar may, in writing, authorise a\nperson to assist a building inspector who is authorised to act under\nsubsection (2).\n(4) A written authority may only be given if the construction occupations\nregistrar believes on reasonable grounds that the person authorised\nhas the necessary skills and qualifications to act under this section.\nDivision 7.2A Non-compliant buildings and building\nwork\n","sortOrder":226},{"sectionNumber":"133A","sectionType":"section","heading":"Powers in relation to non-compliant buildings","content":"133A Powers in relation to non-compliant buildings\n(1) This section applies if a building inspector believes on reasonable\ngrounds that—\n(a) a building does not comply with this Act or is unsafe; or\n(b) building work has been done otherwise than in accordance with\n\nDivision 7.2A Non-compliant buildings and building work\n(2) The building inspector may give the occupier of the building or the\npremises where the building work is located a written direction not to\nuse the building or premises, or part of the building or premises, until\nthe building or premises are made safe and comply with this Act.\n(3) If the building inspector believes on reasonable grounds that a\nbuilding or building work is unsafe because work done or supervised\nby a builder was not done in accordance with this Act, the inspector\nmay give the builder a written direction to take stated action to make\nthe building or building work safe and comply with this Act.\n(4) A direction under this section may also require the person to give the\nbuilding inspector information, in writing, about the building or\nExamples—information\n1 a written report about a test required in the direction by the person who did the\ntest\n2 a written engineer’s report about whether building work complies with a\nrelevant standard\n3 a certificate from a building surveyor that building work complies with this\nAct\n(5) However, a direction under this section must not require the\nevacuation of people from the building or premises.\nNote The chief officer of an emergency service has the power to evacuate\npeople or animals from a building or close any premises\n(see Emergencies Act 2004, s 34 (1) (l) and (m)).\n(6) Subsection (7) applies if—\n(a) a written direction under subsection (3) requires a person to do\na thing; and\n(b) the person—\n(i) is not licensed, authorised or qualified to do the thing; or\n\nEntry and seizure Division 7.3\n(ii) if a licence, authorisation or qualification is not required to\ndo the thing—does not have appropriate experience and\nskill to do the thing.\n(7) The person must arrange, and pay for, the thing to be done by\nsomeone who—\n(a) is licensed, authorised or qualified to do the thing; or\n(b) if a licence, authorisation or qualification is not required to do\nthe thing—has appropriate experience and skill to do the thing.\nA written direction under s (3) requires Sophie to undertake further building work.\nSophie is no longer a licensed builder, and she is not able to get a new licence.\nSophie must arrange, and pay for, a licensed builder to do the building work.\n(8) A person commits an offence if the person—\n(a) is given a direction under this section; and\n(b) fails, without reasonable excuse, to comply with the direction.\n","sortOrder":227},{"sectionNumber":"134","sectionType":"section","heading":"Building inspectors—entry to premises","content":"134 Building inspectors—entry to premises\n(1) A building inspector authorised under section 130 or section 131 to\ninspect a building or building work may enter on premises where the\nbuilding has been erected or building work is being or has been\ncarried out.\n(2) However, the building inspector is not authorised to remain on the\npremises if, when asked by the occupier of the premises, the building\ninspector does not produce—\n(a) if authorised under section 130—the inspector’s identity card;\nor\n\n(b) if authorised under section 131—a written certificate signed by\nthe construction occupations registrar that the inspector is\nauthorised to enter the premises.\n","sortOrder":228},{"sectionNumber":"134A","sectionType":"section","heading":"Building inspectors—powers on entry","content":"134A Building inspectors—powers on entry\n(1) A building inspector who enters premises under this part may, for this\nAct, do 1 or more of the following in relation to the premises,\nanything on the premises, and the land around the premises:\n(a) inspect or examine;\n(b) inspect and copy, or take an extract from, any document at the\npremises;\n(c) take measurements or conduct tests;\n(d) take samples;\n(e) take photographs, films, audio, video or other recordings;\n(f) take onto the premises any people, equipment or material the\ninspector reasonably needs to exercise the inspector’s functions\nunder this Act;\n(g) require the occupier, or anyone at the premises, to give\ninformation, answer questions, or produce documents or\nanything else, reasonably needed to exercise the inspector’s\nfunctions under this Act.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (g).\n\nEntry and seizure Division 7.3\n","sortOrder":229},{"sectionNumber":"134B","sectionType":"section","heading":"Building inspectors—power to seize things","content":"134B Building inspectors—power to seize things\n(1) A building inspector who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the inspector is satisfied on reasonable grounds that the thing is\nconnected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) A building inspector who enters premises under a warrant under this\npart may seize anything at the premises that the inspector is\nauthorised to seize under the warrant.\n(3) A building inspector who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, a building inspector who enters premises under this part\n(whether with the occupier’s consent or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that the\nthing—\n(a) puts the health or safety of people at risk; or\n(b) may cause damage to property or the environment.\n(5) The powers of a building inspector under subsections (3) and (4) are\nadditional to any powers of the inspector under subsection (1) or any\nother territory law.\n\n(6) Having seized a thing, a building inspector may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have a building inspector’s approval to\ninterfere with the thing.\n(8) An offence against this section is a strict liability offence.\n","sortOrder":230},{"sectionNumber":"134C","sectionType":"section","heading":"Building inspectors—receipt for things seized","content":"134C Building inspectors—receipt for things seized\n(1) As soon as practicable after a thing is seized by a building inspector\nunder this part, the inspector must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe building inspector must leave the receipt, secured conspicuously\nat the place of seizure.\n","sortOrder":231},{"sectionNumber":"134D","sectionType":"section","heading":"Access to things seized","content":"134D Access to things seized\nA person who would, apart from the seizure, be entitled to a thing\nseized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n","sortOrder":232},{"sectionNumber":"134E","sectionType":"section","heading":"Return of things seized","content":"134E Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not instituted\nwithin 90 days of the seizure; or\n(b) the court does not find the offence proved in a prosecution for\nan offence relating to the thing.\n(2) A thing seized under this part is forfeited to the Territory if a court—\n(a) finds an offence relating to the thing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but a court does not order forfeiture of\nthe thing seized, the construction occupations registrar must return\nthe thing to its owner or the Territory must pay reasonable\ncompensation to the owner for the loss of the thing.\n","sortOrder":233},{"sectionNumber":"134F","sectionType":"section","heading":"Warrants generally","content":"134F Warrants generally\n(1) A building inspector may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity is, or is being engaged in, at the premises,\nor may be, or may be engaged in, at the premises within the next\n14 days.\n(5) The warrant must state—\n(a) that a building inspector may, with any necessary assistance and\nforce, enter the premises and exercise the inspector’s powers\nunder this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue, that\nthe warrant ends.\n(6) In this section:\nconnected—an activity is connected with an offence if—\n(a) the offence has been committed by engaging or not engaging in\nit; or\n(b) it will provide evidence of the commission of the offence.\n","sortOrder":234},{"sectionNumber":"134G","sectionType":"section","heading":"Warrants—application made other than in person","content":"134G Warrants—application made other than in person\n(1) A building inspector may apply for a warrant by phone, fax, radio or\nother form of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n\n(2) Before applying for the warrant, the building inspector must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The building inspector may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the building inspector if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the building\ninspector—\n(a) the magistrate must—\n(i) tell the building inspector what the terms of the warrant\nare; and\n(ii) tell the building inspector the date and time the warrant was\nissued; and\n(b) the building inspector must complete a form of warrant (the\nwarrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the building inspector, authorises the entry and exercise\nof the inspector’s powers under this part.\n(7) The building inspector must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n\n(9) A court must find that a power exercised by a building inspector was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":235},{"sectionNumber":"134H","sectionType":"section","heading":"Search warrants—announcement before entry","content":"134H Search warrants—announcement before entry\n(1) A building inspector must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the inspector is authorised to enter the premises;\nand\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if an occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n(2) The building inspector is not required to comply with subsection (1)\nif the inspector believes on reasonable grounds that immediate entry\nto the premises is required to ensure—\n(a) the safety of anyone (including the inspector or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":236},{"sectionNumber":"134I","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"134I Details of search warrant to be given to occupier etc\nIf an occupier of premises, or someone else who apparently represents\nthe occupier, is present at the premises while a search warrant is being\nexecuted, the building inspector or a person assisting must make\navailable to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":237},{"sectionNumber":"134J","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"134J Occupier entitled to be present during search etc\n(1) If an occupier of premises, or someone else who apparently represents\nthe occupier, is present at the premises while a search warrant is being\nexecuted, the occupier or the other person is entitled to observe the\nsearch being conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":238},{"sectionNumber":"134K","sectionType":"section","heading":"Moving things to another place for examination or","content":"134K Moving things to another place for examination or\nprocessing\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) A building inspector may apply to a magistrate for an extension of\ntime if the inspector believes on reasonable grounds that the thing\ncannot be examined or processed within 72 hours.\n(4) The building inspector must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the building\ninspector must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n\nBuilding code and recognised standards Division 8.1\nPart 8 Building code, recognised\nstandards etc\nDivision 8.1 Building code and recognised\nstandards\n136 Building code\nbuilding code means—\n(a) the Building Code of Australia prepared and published by the\nAustralian Building Codes Board as amended from time to time\nby—\n(i) the Australian Building Codes Board; and\n(ii) the Australian Capital Territory Appendix to the Building\nCode of Australia; and\n(b) a document prescribed by regulation.\nNote 1 The date that each version of the BCA comes into effect in the ACT can\nbe found in the ‘History of Amendments’ or ‘History of BCA Adoption’\nparts in the BCA itself. However, a different date of effect may be\nprescribed by regulation or in an amendment of the BCA made by an\nAustralian Capital Territory Appendix to the Building Code of Australia.\nNote 2 See also s 136A (Regulation under s 136 (1), def building code and\nLegislation Act, s 47).\n(2) To remove any doubt, the Building Code of Australia includes the\nvariations, additions and exclusions for the ACT contained in the\ncode, including in an appendix to the code.\nNote The BCA does not include the Guide to Volume One published by the\nAustralian Building Codes Board.\n(3) The Minister may make an Australian Capital Territory Appendix to\nthe Building Code of Australia.\n\n","sortOrder":239},{"sectionNumber":"Div 8","sectionType":"division","heading":"1 Building code and recognised standards","content":"Division 8.1 Building code and recognised standards\n(4) The Australian Capital Territory Appendix to the Building Code of\nAustralia is a disallowable instrument.\n(5) The regulations may make provision in relation to the application of\nthe building code.\n1 prescribe an area to be a bushfire-prone area\n2 A new edition of the Building Code of Australia comes into effect on\n1 May 2013. A regulation provides that stated provisions of the BCA come\ninto effect in the ACT on 1 January 2014.\nNote The Australian Capital Territory Appendix to the Building Code of\nAustralia may also amend the date the BCA comes into effect in the ACT.\n","sortOrder":240},{"sectionNumber":"136A","sectionType":"section","heading":"Regulation under s 136 (1), def building code and","content":"136A Regulation under s 136 (1), def building code and\nLegislation Act, s 47\n(1) This section applies in relation to a regulation made under section 136\n(1), definition of building code, paragraph (b).\n(2) A regulation may apply, adopt or incorporate a law of another\njurisdiction or instrument as in force from time to time.\n(3) The Legislation Act, section 47 (5) or (6) does not apply in relation\nto the law of another jurisdiction or instrument applied, adopted or\nincorporated under a regulation.\nNote Laws of another jurisdiction and instruments mentioned in s (3) do not\nneed to be notified under the Legislation Act because s 47 (5) and (6) do\nnot apply (see Legislation Act, s 47 (7)).\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\n\nBuilding code and recognised standards Division 8.1\n","sortOrder":241},{"sectionNumber":"139","sectionType":"section","heading":"Certified copies of building code","content":"139 Certified copies of building code\nIn a proceeding before a court or the ACAT, evidence of the building\ncode as in force on a stated date or during a stated period may be\ngiven by the production of a copy of the building code certified by\nthe construction occupations registrar as a true copy as at the date or\nduring the period.\n","sortOrder":242},{"sectionNumber":"139A","sectionType":"section","heading":"Recognised standards","content":"139A Recognised standards\n(1) This section applies to a document (including an Australian Standard\nor Australian/New Zealand Standard) as in force from time to time\nthat has been approved (however described)—\n(a) by, or on behalf of, the Australian Building Codes Board; or\n(b) under a system or scheme (however described) administered or\napproved (however described) by the Australian Building Codes\nBoard; or\n(c) as prescribed by regulation.\n(2) The Minister may declare the document to be a recognised standard\nfor this Act.\n(3) A declaration is a disallowable instrument.\n(4) The Legislation Act, section 47 (5) and (6) do not apply to a\nrecognised standard.\nNote A recognised standard does not need to be notified under the Legislation\nAct because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).\n(5) The director-general must ensure that a document declared under\nsubsection (2), other than an Australian Standard or Australian/New\nZealand Standard, is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n\n(6) A recognised standard is not enforceable by or against the Territory\nor anyone else unless it is made accessible in accordance with\nsubsection (5).\n","sortOrder":243},{"sectionNumber":"139B","sectionType":"section","heading":"Approval of codes of practice","content":"139B Approval of codes of practice\n(1) The Minister may approve codes of practice for this Act.\n(2) A code of practice may set out practices, standards and other matters\nabout building certification and building work.\n(3) An approved code of practice is a disallowable instrument.\n(4) The construction occupations registrar must make a copy of a code,\nand any instrument applied (with or without change) by the code,\navailable for public inspection during ordinary office hours at—\n(a) the office of the construction occupations registrar; or\n(b) another place prescribed by regulation.\nNote A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\napplied includes adopted and incorporated.\n139BA Approval of guidelines\n(1) The Minister may approve guidelines for this Act.\n(2) A guideline may set out standards and other matters about building\napproval applications, documentation, plans and specifications for\n(3) An approved guideline is a disallowable instrument.\n\nEnergy efficiency certificates Division 8.3\n(4) The construction occupations registrar must make a copy of a\nguideline, and any instrument applied (with or without change) by the\nguideline, available for public inspection during ordinary office hours\nat—\n(a) the office of the construction occupations registrar; or\n(b) another place prescribed by regulation.\nNote A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\napplied includes adopted and incorporated.\n","sortOrder":244},{"sectionNumber":"139C","sectionType":"section","heading":"Energy efficiency certificates","content":"139C Energy efficiency certificates\n(1) This section applies if a person is required to provide a certificate or\nother document (an energy efficiency certificate) in relation to an\nenergy efficiency provision.\n(2) An energy efficiency certificate must be prepared in accordance with\nthe requirements prescribed by regulation.\nenergy efficiency provision means a provision of this Act or the\nbuilding code, prescribed by regulation, that requires building work\nor proposed building work, or parts of building work or proposed\nbuilding work, to comply with stated energy efficiency requirements.\n","sortOrder":245},{"sectionNumber":"139D","sectionType":"section","heading":"Conflict of interest—building assessors","content":"139D Conflict of interest—building assessors\n(1) A building assessor must not prepare an energy efficiency certificate\nfor building work, in relation to a building, if the building assessor—\n(a) has a legal or equitable interest in the building; or\n\n(b) has a financial interest in the building; or\n(c) is the certifier for the building work.\n(2) However, a building assessor who has a conflict of interest mentioned\nin subsection (1) (a) or (b) may prepare an energy efficiency\ncertificate if—\n(a) the certificate is for—\n(i) proposed building work; or\n(ii) building work in relation to a building or part of a building\nthat must not be occupied under section 76 (Occupation\nand use of buildings); and\nExample—part of building\n• a unit in a multi-unit development\n• an extension of an existing building\n(b) the building assessor gives the registrar a declaration of the\nassessor’s conflict of interest.\n\nLimitation of liability Part 9\n","sortOrder":246},{"sectionNumber":"140","sectionType":"section","heading":"Meaning of building action for pt 9","content":"140 Meaning of building action for pt 9\nbuilding action—\n(a) means an action (including a counterclaim) for damages for loss\nor damage in relation to—\n(i) defective building work; or\n(ii) defective construction work other than building work; or\n(iii) the negligent exercise by a licensed construction\npractitioner of a function as a certifier, or the negligent\nfailure to exercise such a function; but\n(b) does not include an action for damages for death or personal\ninjury.\n","sortOrder":247},{"sectionNumber":"141","sectionType":"section","heading":"Limit of liability of people jointly or severally liable","content":"141 Limit of liability of people jointly or severally liable\n(1) A court that decides an award of damages in a building action must\ngive judgment against each defendant to the action who is found to\nbe jointly or severally liable for the damage for the proportion of the\ntotal amount of the damages that the court considers to be just, having\nregard to the extent of that defendant’s responsibility for the loss or\ndamage.\n(2) The liability for damages of a person found to be jointly or severally\nliable for damages in a building action is limited to the amount for\nwhich judgment is given against the person, even if another Act or a\nrule of law provides otherwise.\n(3) A person found to be liable for a proportionate part of damages under\nsubsection (1) in a building action is not liable to contribute to the\ndamages apportioned to anyone else in the action or to indemnify any\nother person in relation to the damages.\n\n","sortOrder":248},{"sectionNumber":"142","sectionType":"section","heading":"Limitation of liability for building actions","content":"142 Limitation of liability for building actions\n(1) A building action may not be brought more than 10 years after—\n(a) if a certificate of completion of the relevant building work has\nbeen given under this Act—the day the certifier gives the\ncertificate; or\n(b) if paragraph (a) does not apply, but the certifier has, in the course\nor on completion of the building work, inspected it—the day\nwhen the last inspection took place; or\n(c) if neither paragraph (a) nor paragraph (b) applies—the day the\nrelevant building was 1st occupied or used.\n(2) Also, a building action in relation to building work may not be\nbrought more than 10 years after—\n(a) if an entity has given a notice under section 24 (2) that the\nentity’s appointment as certifier for the building work has\nended—the day the entity gave the notice; or\n(b) if an entity’s appointment as certifier for the building work has\nended under section 19D and the entity need not give notice\nunder section 24 (2)—the day the entity’s appointment ended.\n(3) Subsections (1) and (2) do not apply to a building action if a shorter\nlimitation period applies to the building action under another territory\nlaw.\nbuilding, in relation to building work that consists of, or includes, the\nalteration of a building, means the building as altered.\n\nNotification and review of decisions Part 9A\n","sortOrder":249},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Notification and review of","content":"Part 9A Notification and review of\ndecisions\n","sortOrder":250},{"sectionNumber":"142A","sectionType":"section","heading":"Definitions—pt 9A","content":"142A Definitions—pt 9A\ndecision-maker, for a reviewable decision, means an entity\nreviewable decision means a decision prescribed by regulation.\n","sortOrder":251},{"sectionNumber":"142B","sectionType":"section","heading":"Reviewable decision notices","content":"142B Reviewable decision notices\nA decision-maker for a reviewable decision must give a reviewable\ndecision notice to each entity prescribed by regulation in relation to\nthe decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":252},{"sectionNumber":"142C","sectionType":"section","heading":"Applications for review","content":"142C Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity prescribed by regulation for the decision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":253},{"sectionNumber":"142D","sectionType":"section","heading":"Powers of ACAT—proposed buildings etc forming part of","content":"142D Powers of ACAT—proposed buildings etc forming part of\ndevelopment\nThe ACAT must not, in relation to a proposed building, or a building\nas proposed to be altered, forming part of a development—\n(a) vary a decision to issue a stop notice under section 53 (Stop\nnotices) or a notice under section 58 (2) or (4) (Further notices\nrelating to stop notices) or section 62 (1) (Notice to carry out\nbuilding work), or substitute a decision for a decision it has set\naside, in a way that would be contrary to a development approval\nfor the development; or\n(b) vary a decision to issue a notice under section 58 (4), or\nsubstitute a decision for a decision the ACAT has set aside,\nunless there is a development approval for the development.\n\n","sortOrder":254},{"sectionNumber":"143","sectionType":"section","heading":"Sustainability guidelines","content":"143 Sustainability guidelines\n(1) The Minister must make guidelines (the sustainability guidelines) for\nthe sustainable use of materials for building.\n(2) A builder must not use a building material in contravention of the\nsustainability guidelines.\n1 The sustainability guidelines may prohibit the use of rainforest timber for new\nbuildings or repairs other than repairs to things that already consist mainly of\nrainforest timber. If the guidelines did this, a builder could use rainforest\ntimber to repair window frames made of rainforest timber, but could not put\nin an extension containing rainforest timber.\n2 The sustainability guidelines may allow the demolition of a building\ncontaining material from an unsustainable industry, eg rainforest timber. If the\nguidelines did this, a builder could demolish such a building without\ncontravening the sustainability guidelines.\n(3) The sustainability guidelines are a disallowable instrument.\n","sortOrder":255},{"sectionNumber":"144","sectionType":"section","heading":"Service of notices etc","content":"144 Service of notices etc\n(1) A notice or other document under this Act addressed to 1 person may\nbe served by attaching the notice in a prominent position on the\nbuilding or, for an alteration to a building, on the part of the building\nbeing altered, to which the notice relates.\n(2) If a notice under this Act is addressed jointly to 2 or more people, a\nnumber of copies of the notice equal to the number of people to whom\nthe notice is addressed must be signed by the person giving the notice,\nand 1 of those copies must be served on each of the people.\nNote For how documents may also be served, see Legislation Act, pt 19.5.\n\n","sortOrder":256},{"sectionNumber":"145","sectionType":"section","heading":"Giving copies of documents","content":"145 Giving copies of documents\n(1) Copies of plans submitted under the Act must not be given to anyone\nexcept in accordance with the instructions of—\n(a) the lessee or the owner of the parcel of land where the building\nto which the plans relate is erected; or\n(b) if the plans relate to a unit within the meaning of the Unit Titles\nAct 2001—the proprietor of the unit.\n(2) Despite subsection (1) (b), if the plans relate to the common property\nof a units plan (whether or not the plans also relate to individual\nunits), the following people are entitled to copies of the plans,\nincluding any documents attached to the plans:\n(a) the owners corporation for the units plan;\n(b) the owners corporation manager, if the owners corporation has\ngiven the manager written authority to have the plans.\n(3) However, plans given to a person under subsection (2) must not\ninclude identifying information for the proprietor of a unit, other than\nthe proprietor’s name.\n","sortOrder":257},{"sectionNumber":"147","sectionType":"section","heading":"Recovery of costs of work carried out by inspector","content":"147 Recovery of costs of work carried out by inspector\nThe costs incurred in the carrying out of the requirements of a notice\nunder part 4 (Stop and other notices and demolition orders) or a\ndecision of the construction occupations registrar by a building\ninspector or the inspector’s assistants under section 131 (Inspection\nof building work where no approval) or section 133 (Power to\nauthorise required work) is recoverable as a debt owing to the\nTerritory from the person who was required to carry them out by the\nnotice or order.\n\n","sortOrder":258},{"sectionNumber":"148","sectionType":"section","heading":"Evidentiary certificates","content":"148 Evidentiary certificates\nIn a proceeding before a court or the ACAT—\n(a) a document purporting to be a copy of a notice under this Act\nand certified as a true copy by the construction occupations\nregistrar or of a person authorised in writing by the registrar\nmust be received in evidence and must be taken without further\nproof to be a true copy of the notice; and\n(b) a notice certified as a true copy under this section must be taken,\nunless the contrary is proved, to have been given by the person\npurporting to give it and to have been given on the date stated in\nthe certified copy of the notice; and\n(c) a document purporting to be a certificate given by the\nconstruction occupations registrar and certifying that there was\na building approval in force for stated building work on a stated\ndate or during a stated period is evidence that on the stated date\nor during the stated period the building approval was in force;\nand\n(d) a document purporting to be a certificate given by the\nconstruction occupations registrar and certifying that there was\nno building approval in force for stated building work on a stated\ndate or during a stated period is evidence that on the stated date\nor during the stated period no building approval was in force for\n(e) a certificate signed by the construction occupations registrar\ncertifying that a document attached to the certificate is a true\ncopy of plans approved by the registrar under this Act or of a\npart of such plans is evidence of the plans or of the part as so\napproved; and\n\n(f) a certificate signed by the construction occupations registrar and\ncertifying that, at a stated date a certificate of occupancy had not\nbeen issued for a stated building or a stated part of the building\nis evidence that, at that date, a certificate of occupancy had not\nbeen issued for the building or part of a building.\n","sortOrder":259},{"sectionNumber":"149","sectionType":"section","heading":"Legal liability for acts of registrar etc","content":"149 Legal liability for acts of registrar etc\n(1) The construction occupations registrar, a building inspector, or a\nperson who was the registrar or an inspector, is not civilly or\ncriminally liable in relation to anything done or omitted to be done\nhonestly in the exercise of a function under this Act.\n(2) A civil or criminal liability that would, apart from this section, attach\nto the construction occupations registrar or a building inspector\nattaches instead to the Territory.\n","sortOrder":260},{"sectionNumber":"150","sectionType":"section","heading":"Determination of fees","content":"150 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A fee for the issue of a building approval under section 28 (2) must\nonly be determined by reference to the value of building work for\nwhich the building approval has been issued.\n(3) A determination is a disallowable instrument.\n","sortOrder":261},{"sectionNumber":"151","sectionType":"section","heading":"Approved forms","content":"151 Approved forms\n(1) The construction occupations registrar may approve forms for this\nAct.\n(2) If the construction occupations registrar approves a form for a\nparticular purpose, the approved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n\n","sortOrder":262},{"sectionNumber":"151A","sectionType":"section","heading":"Applying, adopting or incorporating documents in","content":"151A Applying, adopting or incorporating documents in\nregulations\n(1) A regulation may apply, adopt or incorporate (with or without change\nor modification)—\n(a) a law, Australian Standard or Australian/New Zealand Standard\nas in force from time to time; or\n(b) another instrument as in force from time to time.\n(2) The Legislation Act, section 47 (5) and (6) do not apply to a law,\nstandard or instrument applied, adopted or incorporated under\nsubsection (1).\nNote The law, standard or instrument does not need to be notified under the\nLegislation Act because s 47 (5) and (6) do not apply (see Legislation\nAct, s 47 (7)).\n(3) The director-general must ensure that an instrument applied, adopted\nor incorporated under subsection (1) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(4) Any instrument that is applied, adopted or incorporated under\nsubsection (1) (b) is not enforceable by or against the Territory or\nanyone else unless it is made accessible in accordance with\n","sortOrder":263},{"sectionNumber":"152","sectionType":"section","heading":"Regulation-making power","content":"152 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may exempt a building or building work (an exemption)\nfrom the application of this Act, or part of the Act, whether—\n(a) directly or by a further instrument; or\n\n(b) conditionally or otherwise.\n(3) The regulations may make provision in relation to—\n(a) the approval of building work in relation to particular buildings;\nand\n(b) anything else in relation to the approval of building work on\nparticular buildings; and\n(c) the following:\n(i) when an entity must be consulted about, consent to, or\napprove, an application for building approval;\n(ii) anything else in relation to the consultation, consent or\n(d) an exemption.\nNote See s 27 (1) (b).\n(4) The regulations may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n60 penalty units for offences against the regulations.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• bankrupt or personally insolvent\n• construction occupations registrar\n• contravene\n• exercise\n• function\n• land titles register\n• law\n• may (see s 146)\n• must (see s 146)\n• national land\n• reviewable decision notice\n• statutory office-holder\n• territory land\n• territory law\n• territory planning authority\n• under.\naccess point, for part 5A (Regulated swimming pools)—see\nactuary, for an approved scheme, for part 6 (Residential buildings—\nstatutory warranties, standard conditions, insurance and fidelity\ncertificates)—see section 84.\nadministrator—see section 127F (1).\nalteration, of a building, includes—\n(a) demolition of part of the building; and\n\n(b) an addition to the building.\napproval criteria, for part 6 (Residential buildings—statutory\napproval requirement, for plans—see section 29.\napproved plans—\n(a) means plans that relate to building work for which a building\napproval is in effect; and\n(b) includes amended plans.\napproved scheme, for part 6 (Residential buildings—statutory\nasbestos—see the Work Health and Safety Regulation 2011,\nasbestos assessment report, for premises—see the Dangerous\nSubstances Act 2004, section 47K.\nasbestos removal control plan, in relation to building work, means a\nplan, complying with the Dangerous Substances Act 2004 and the\nWork Health and Safety Act 2011, that provides for the management\nof any asbestos disturbance resulting from the building work.\nauthorised insurer means a body corporate authorised to carry on\ninsurance business under the Insurance Act 1973 (Cwlth), section 12.\nauthorised person, for part 5A (Regulated swimming pools)—see\nbasic building work—see section 10.\nbuilder, in relation to residential building work or a residential\nbuilding, for part 6 (Residential buildings—statutory warranties,\nstandard conditions, insurance and fidelity certificates)—see\nsection 84.\n\nbuilders licence means a licence issued under the Construction\nOccupations (Licensing) Act 2004 in the construction occupation of\nbuilder.\nbuilding—\n(a) for Act—see section 7; but\n(b) for part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates)—see section 84.\nbuilding action, for part 9 (Limitation of liability)—see section 140.\nbuilding approval means a building approval under part 3.\nbuilding code—see section 136 (1).\nbuilding inspector means a person appointed under section 128.\nbuilding practitioner, for part 6A (Residential building disputes)—\nsee section 127A.\nbuilding surveyor—see the Construction Occupations (Licensing)\nAct 2004, section 9.\nbuilding work—\n(a) for Act—see section 6; but\n(b) for part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates)—see section 84.\ncertificate of occupancy means a certificate under section 69.\ncertificate of regularisation—see section 75 (1).\ncertifier—\n(a) for building work—means an entity appointed to act as certifier\nunder section 19 (Appointment of certifiers—work not begun),\nsection 19A (Appointment of certifiers—work begun) or\ngovernment certifier under section 20 (Appointment of\ngovernment certifiers) for the work; but\n\n(b) for division 3.2 (Certifiers and government certifiers)—see\nsection 17.\nclass, of building, means that class of building under the building\ncode.\ncomplete exemption, for part 5A (Regulated swimming pools)—see\nsection 83K (1).\ncompletion day, for part 6 (Residential buildings—statutory\nsee section 85.\ncompliance status certificate, for a regulated swimming pool, for\npart 5A (Regulated swimming pools)—see section 83K (1).\ncomplying residential building work insurance, for part 6\n(Residential buildings—statutory warranties, standard conditions,\ninsurance and fidelity certificates)—see section 84.\nconsumer representative, for part 6 (Residential buildings—statutory\nwarranties, standard conditions, insurance and fidelity certificates)—see\nsection 127AA (1).\ncost, for part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates)—see section 86.\ncustodian, for part 4 (Stop and other notices and demolition orders)—\nsee section 52.\ndecision-maker, for a reviewable decision, for part 9A (Notification\nand review of decisions)—see section 142A.\ndemolition order—see section 63A (2).\ndeveloper, for part 6A (Residential building disputes)—see\nsection 127A.\ndevelopment, in relation to land—see the Planning Act 2023,\nsection 14 (1).\ndevelopment approval—see the Planning Act 2023, dictionary.\n\ndispute resolution officer means a person appointed under\nsection 127G to be a dispute resolution officer.\ndisturbs friable asbestos—see section 10B.\ndwelling means a class 1 or class 2 building.\neasement, for part 4 (Stop and other notices and demolition orders)—\nsee section 52.\neligible entity, for division 3.2 (Certifiers and government\ncertifiers)—see section 18.\nenergy efficiency certificate—see section 139C (1).\nexempt building—see section 12.\nexemption assessment—see section 14.\nexemption assessment B notice—see section 14B.\nexemption assessment D notice—see the Planning Act 2023,\nsection 152 (2) (b).\nexemption certificate, for a regulated swimming pool, for part 5A\n(Regulated swimming pools)—see section 83D (6).\nfidelity certificate, for building work, for part 6 (Residential\nbuildings—statutory warranties, standard conditions, insurance and\nfidelity certificates)—see section 84.\nfidelity fund scheme, for part 6 (Residential buildings—statutory\nfriable asbestos—see the Work Health and Safety Regulation 2011,\ngovernment certifier, for division 3.2 (Certifiers and government\ncertifiers)—see section 17.\nhandling asbestos—to remove any doubt, handling asbestos\n(including friable asbestos) includes disturbing the asbestos.\n\ninformation includes documents.\ninsurable residential building, for part 6 (Residential buildings—\nstatutory warranties, standard conditions, insurance and fidelity\ncertificates)—see section 84.\ninsurable residential building work, for part 6 (Residential\nbuildings—statutory warranties, standard conditions, insurance and\nfidelity certificates)—see section 84.\nland includes—\n(a) a place under, on or above the ground; and\n(b) land that is the subject of a public unleased land permit under\nthe Public Unleased Land Act 2013; and\n(c) land, a building or other structure on land, the use of which is\nauthorised by a licence under the Planning Act 2023, part 10.13\n(Licences for unleased land).\nland sublease—see the Planning Act 2023, dictionary.\nlease—see the Planning Act 2023, section 257.\nlicensed construction practitioner means an entity licensed under the\nConstruction Occupations (Licensing) Act 2004.\nlicence number—see the Construction Occupations (Licensing)\nAct 2004, section 23 (1) (c).\nload includes superimposed load.\nMinisterial exemption, for part 5A (Regulated swimming pools)—\nsee section 83 (1).\noccupation class—see the Construction Occupations (Licensing)\nAct 2004, dictionary.\noccupier, of premises, for part 5A (Regulated swimming pools)—see\n\nowner—\n(a) of land, means—\n(i) if the land is held under a lease from the Commonwealth\nfor a term of years—the lessee; or\n(ii) if the land is subdivided under the Unit Titles Act 2001—\n(A) if building work has been, is being or is to be carried\nout on the land for the owners corporation—the\nowners corporation; or\n(B) if building work has been, is being or is to be carried\nout on the land for the proprietor of a unit in a units\nplan for the land—the proprietor; or\n(C) in any other case—the owners corporation; or\n(iii) if the land is occupied under a tenancy from the Territory\nor the Commonwealth—the occupier; or\n(iv) if the land is subject to a public unleased land permit under\nthe Public Unleased Land Act 2013—the permit-holder; or\n(v) if the land is subject to a licence under the Planning\nAct 2023, part 10.13 (Licences for unleased land)—the\nlicensee; or\n(vi) if the Territory carries out or proposes to carry out building\nwork on the land—the Territory; or\n(vii) if the Commonwealth carries out or proposes to carry out\nbuilding work on the land—the Commonwealth; or\n(viii) if the land is under a land sublease—the sublessee; and\n(b) of premises, for part 5A (Regulated swimming pools)—see\nowner-builder means an entity licensed under the Construction\nOccupations (Licensing) Act 2004 in the occupation class of\nowner-builder.\n\nparcel, of land, includes land under a land sublease.\npartial Ministerial exemption, for part 5A (Regulated swimming\npools)—see section 83K (1).\npremises includes land or a structure and any part of an area of land\nor a structure.\nprescribed requirements, for division 5.1 (Certificates of occupancy\nand other certificates)—see section 66.\nprudential standards, for part 6 (Residential buildings—statutory\nrecognised standard means a document declared to be a recognised\nstandard under section 139A (2).\nregulated swimming pool—see section 83B (1).\nrelated building activity, for part 6A (Residential building\ndisputes)—see section 127A.\nresidential building—\n(a) for part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates)—see section 84;\nand\nresidential building dispute, for part 6A (Residential building\ndisputes)—see section 127B.\nresidential building matter, for part 6A (Residential building\ndisputes)—see section 127C.\nresidential building work—\n(a) for part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates)—see section 84;\nand\n\nresidential building work contract—\n(a) for division 6.2A (Standard conditions)—see section 89B; and\nreviewable decision, for part 9A (Notification and review of\ndecisions)—see section 142A.\nsafety barrier, for a regulated swimming pool, for part 5A (Regulated\nswimming pools)—see section 83 (1).\nsafety standards, for a regulated swimming pool, for part 5A\n(Regulated swimming pools)—see section 83A.\nsite work—see section 7A.\nsite work notice, for division 3.3 (Building approvals)—see\nsection 25AA.\nspecial actuary, for part 6 (Residential buildings—statutory\nsee section 122.\nspecialist building work—see section 9.\nstage, of building work, means a stage prescribed under\nsection 43 (1) (a).\nstanding exemption, for part 5A (Regulated swimming pools)—see\nstop notice—see section 53 (2).\nstorey—\n(a) means a floor level within a building that—\n(i) is between 2 other floor levels; or\n(ii) has a floor level above or below it; but\n\n(b) does not include a mezzanine level or a space that contains only\n1 or more of the following:\n(i) a lift shaft, stairway, meter room;\n(ii) a bathroom, shower room, laundry, toilet or other sanitary\ncompartment;\n(iii) accommodation intended for up to 3 vehicles; and\n(c) for part 6 (Residential buildings—statutory warranties, standard\nconditions, insurance and fidelity certificates)—does not\ninclude a storey below the ground storey (see section 84).\nstructure—see section 8.\ntechnical building assessor means a person appointed under\nsection 127H to be a technical building assessor.\nwaste management plan, in relation to building work that involves\nthe demolition or alteration of a building, means information that\nincludes—\n(a) the extent of work to be undertaken; and\n(b) the nature and amount of waste that will be generated; and\n(c) the place to which each kind of waste will be taken by the\nbuilder, or the builder’s agent, for reuse, recycling or disposal;\nand\n(d) any other information prescribed under the regulations.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nBuilding Act 2004 A2004-11\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nremainder commenced 1 September 2004 (s 2 and see Construction\nOccupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\nas amended by\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.10\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.10 commenced 1 September 2004 (LA s 79A)\nEmergencies Act 2004 A2004-28 sch 3 pt 3.1\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.1 commenced 1 September 2004 (s 2 (2) and see Building\nAct 2004 A2004-11, s 2 and Construction Occupations (Licensing) Act\n","sortOrder":264},{"sectionNumber":"2004","sectionType":"section","heading":"A2004-12, s 2 and CN2004-8)","content":"2004 A2004-12, s 2 and CN2004-8)\nDangerous Substances (Asbestos) Amendment Act 2004 A2004-66\nsch 1 pt 1.1\nnotified LR 31 August 2004\ns 1, s 2 commenced 31 August 2004 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2004 (s 2 (2))\nas modified by\nBuilding Regulations 2004 SL2004-34 (as am by SL2004-46 reg 5;\nA2005-34 amdt 1.21)\ntaken to have been notified LR 26 March 2004 (A2004-11,\ns 177 (3) (a))\nreg 1 taken to have commenced 26 March 2004 (LA s 75 (1))\nremainder commenced 1 September 2004 (A2004-11, s 177 (3) (b))\n\nBuilding Amendment Regulations 2004 (No 1) SL2004-46 reg 5\nnotified LR 8 September 2004\nreg 1, reg 2 commenced 8 September 2004 (LA s 75 (1))\nreg 5 commenced 9 September 2004 (reg 2)\nNote These regulations only amend the Building Regulations 2004\nSL2004-34.\nas amended by\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.7\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.7 commenced 2 June 2005 (s 2 (1))\nConstruction Occupations Legislation Amendment Act 2005\nA2005-34 sch 1 pt 1.1, amdt 1.21\nnotified LR 6 July 2005\ns 1, s 2 commenced 6 July 2005 (LA s 75 (1))\nsch 1 pt 1.1, amdt 1.21 commenced 27 July 2005 (s 2)\nConstruction Occupations Legislation Amendment Act 2006\nA2006-15 sch 1 pt 1.1\nnotified LR 6 April 2006\ns 1, s 2 commenced 6 April 2006 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2006 (s 2 and CN2006-19)\nAsbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.1 (as\nam by A2006-24 s 4)\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)\nAsbestos Legislation Amendment Act 2006 (No 2) A2006-24\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nremainder commenced 19 May 2006 (s 2)\nNote This Act only amends the Asbestos Legislation Amendment\nAct 2006 A2006-16.\n\nBuilding Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.1\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.1 commenced 31 March 2008 (s 2 (1) and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.7\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.7 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.14\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.14 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.8\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.8 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 1 pt 1.2\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 1 pt 1.2 commenced 3 June 2010 (s 2)\nConstruction Occupations Legislation (Exemption Assessment)\nAmendment Act 2010 A2010-24 pt 2\nnotified LR 8 July 2010\npt 1 commenced 8 July 2010 (s 2 (1))\npt 2 commenced 8 July 2011 (s 2)\nConstruction Occupations Legislation Amendment Act 2010 (No 2)\nA2010-32 pt 2\nnotified LR 1 September 2010\ns 1, s 2 commenced 1 September 2010 (LA s 75 (1))\ns 3 commenced 18 February 2011 (LA s 75AA)\npt 2 commenced 1 March 2011 (s 2 and LA s 79)\n\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.5\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.5 commenced 1 March 2011 (s 2)\nPlanning and Building Legislation Amendment Act 2011 A2011-23\npt 2\nnotified LR 6 July 2011\npt 1 commenced 6 July 2011 (s 2 (1))\npt 2 commenced 8 July 2011 (s 2 (2) and see Construction\nOccupations Legislation (Exemption Assessment) Amendment\nAct 2010 A2010-24 s 2)\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.6\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nPlanning and Building Legislation Amendment Act 2011 (No 2)\nA2011-54 pt 2\nnotified LR 13 December 2011\ns 1, s 2 commenced 13 December 2011 (LA s 75 (1))\npt 2 commenced 1 July 2012 (s 2 and CN2012-11)\nAct 2012 A2012-23 pt 2\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\npt 2 commenced 29 May 2012 (s 2)\nPublic Unleased Land Act 2013 A2013-3 sch 2 pt 2.1\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 July 2013 (s 2 and CN2013-9)\nAct 2013 A2013-15 pt 2\nnotified LR 21 May 2013\ns 1, s 2 commenced 21 May 2013 (LA s 75 (1))\npt 2 commenced 22 May 2013 (s 2)\n\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.3\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.3 commenced 14 June 2013 (s 2)\nConstruction and Energy Efficiency Legislation Amendment Act 2013\nA2013-31 pt 4\nnotified LR 26 August 2013\ns 1, s 2 commenced 26 August 2013 (LA s 75 (1))\ns 9 commenced 1 September 2013 (s 2 (1))\npt 4 remainder commenced 27 August 2013 (s 2 (3))\nConstruction and Energy Efficiency Legislation Amendment Act 2014\nA2014-2 pt 2\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 2 commenced 6 March 2014 (s 2)\nAct 2014 A2014-23 pt 2\nnotified LR 26 May 2014\ns 1, s 2 commenced 26 May 2014 (LA s 75 (1))\npt 2 commenced 27 May 2014 (s 2)\nAct 2014 (No 2) A2014-45 pt 2\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\npt 2 commenced 6 November 2014 (s 2)\nDangerous Substances (Asbestos Safety Reform) Legislation\nAmendment Act 2014 A2014-53 pt 2\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\npt 2 commenced 1 January 2015 (s 2)\nAct 2015 A2015-12 pt 2\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 2 commenced 21 May 2015 (s 2)\n\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 2\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 2 commenced 1 July 2015 (s 2 and CN2015-9)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.9\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.9 commenced 14 October 2015 (s 2)\nBuilding (Loose-fill Asbestos Eradication) Legislation Amendment\nAct 2015 A2015-42 pt 2\nnotified LR 5 November 2015\ns 1, s 2 commenced 5 November 2015 (LA s 75 (1))\npt 2 commenced 13 November 2015 (s 2 (1) and CN2015-21)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.3\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.3 commenced 9 December 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.7\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.7 commenced 27 April 2016 (s 2)\nBuilding and Construction Legislation Amendment Act 2016\nA2016-44 pt 2\nnotified LR 19 August 2016\ns 1, s 2 commenced 19 August 2016 (LA s 75 (1))\nss 17-23, s 25, s 35, s 37 commenced 19 August 2017 (s 2 (3))\npt 2 remainder commenced 20 August 2016 (s 2 (1))\nPlanning and Development (Lease Variation Charge Deferred\nPayment Scheme) Amendment Act 2018 A2018-16 sch 1 pt 1.1\nnotified LR 16 May 2018\ns 1, s 2 commenced 16 May 2018 (LA s 75 (1))\nsch 1 pt 1.1 commenced 17 May 2018 (s 2)\n\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.2\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 23 October 2018 (s 2 (4))\nBuilding and Construction Legislation Amendment Act 2019\nA2019-48 pt 3\nnotified LR 9 December 2019\ns 1, s 2 commenced 9 December 2019 (LA s 75 (1))\npt 3 commenced 10 December 2019 (s 2 (1))\nLand Titles (Electronic Conveyancing) Legislation Amendment\nAct 2020 A2020-16 sch 1 pt 1.3\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 2)\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1\npt 1.1\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2020 (s 2)\nBuilding and Construction Legislation Amendment Act 2020\nA2020-25 pt 2\nnotified LR 24 June 2020\ns 1, s 2 commenced 24 June 2020 (LA s 75 (1))\ns 4 commenced 25 June 2020 (s 2 (1))\npt 2 remainder commenced 24 June 2022 (s 2 (3))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.4\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.4 commenced 24 August 2022 (s 2)\nProfessional Engineers Act 2023 A2023-8 sch 2 pt 2.1\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nsch 2 pt 2.1 commenced 6 March 2025 (s 2 (2) as am by A2023-20\npt 5 and A2024-21 pt 6)\n\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.3\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.3 commenced 27 November 2023 (s 2 (1) and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\nBuilding (Swimming Pool Safety) Legislation Amendment Act 2023\nA2023-46 pt 2\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\ns 4, ss 7-11 commenced 1 May 2024 (s 2 (1))\npt 2 remainder awaiting commencement\nBuilding and Construction Legislation Amendment Act 2023\nA2023-55 pt 3\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\ns 7, s 8, s 16, ss 20-22 commenced 12 December 2023 (s 2 (4))\ns 18 commenced 15 January 2024 (s 2 (3))\ns 10, s 17, s 19 commenced 23 August 2024 (s 2 (1) and CN2024-5)\npt 3 remainder commenced 11 December 2024 (s 2 (5))\nProperty Developers Act 2024 A2024-36 sch 2 pt 2.1\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 2 pt 2.1 awaiting commencement\nBuilding and Construction Legislation Amendment Act 2025 A2025-5\npt 2\nnotified LR 31 March 2025\ns 1, s 2 commenced 31 March 2025 (LA s 75 (1))\npt 2 commenced 1 April 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.10, sch 4\npt 4.17\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.10, sch 4 pt 4.17 commenced 16 November 2025\n(s 2 (1), (9))\n\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\npt 2\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\nss 4, 5, 7-28, 33-35 commenced 23 February 2026 (s 2 (1))\npt 2 remainder awaiting commencement\n\nCommencement\ns 2 om LA s 89 (4)\nMeaning of building work\ns 6 am A2016-44 s 38\nMeaning of building\ns 7 sub A2007-26 amdt 1.1\nMeaning of site work\ns 7A ins A2007-26 amdt 1.1\nMeaning of building work\ns 6 am A2015-12 s 5\nMeaning of minor maintenance work\ns 10A ins A2006-16 amdt 1.1\nom A2007-26 amdt 1.2\nMeaning of disturbs friable asbestos\ns 10B ins A2006-16 amdt 1.1\nExempt buildings\ns 12 am A2007-26 amdt 1.3\nExemption assessments\npt 2A hdg ins A2010-24 s 4\nPurpose of exemption assessment B notices\ns 13 sub A2005-34 amdt 1.1\nam A2006-16 amdt 1.2, amdt 1.3\nom A2007-26 amdt 1.4\nins A2010-24 s 4\nExemption assessment applications\ns 14 om A2007-26 amdt 1.5\nins A2010-24 s 4\nam A2011-23 s 4; A2023-36 amdt 1.7; A2025-29 amdt 4.17\nExemption assessment not required for building approval\ns 14A ins A2010-24 s 4\nExemption assessments and notices\ns 14B ins A2010-24 s 4\nam A2011-23 s 5; ss renum R15 LA\nExemption assessment applications—request for further information\ns 14C ins A2010-24 s 4\nam A2016-18 amdt 3.22\n\nExemption assessment applications—contents of request for further\ns 14D ins A2010-24 s 4\nam A2013-19 amdt 3.7; A2016-18 amdt 3.23; ss renum\nR34 LA\nExemption assessment applications—effect of failure to provide further\ns 14E ins A2010-24 s 4\nPreliminary\ndiv 3.1 hdg om A2015-12 s 6\nApplication of pt 3 to building work\ns 15 sub A2005-34 amdt 1.2; A2006-16 amdt 1.4\nam A2007-26 amdt 1.6; A2010-24 s 5\nom A2015-12 s 6\nMeaning of stage in pt 3\ns 16 om A2007-26 amdt 1.7\nCertifiers and government certifiers\ndiv 3.2 hdg note ins A2007-26 amdt 1.8\nDefinitions for div 3.2\ns 17 def eligible entity ins A2007-26 amdt 1.9\ndef eligible person om A2007-26 amdt 1.9\ndef government certifier sub A2007-26 amdt 1.9\nCertifier—functions\ns 17A ins A2016-44 s 5\nam A2023-36 amdt 1.30\nEligibility for appointment—certifiers and government certifiers\ns 18 am A2007-26 amdt 1.10\nAppointment of certifiers—work not begun\ns 19 sub A2007-26 amdt 1.11\nam A2019-48 s 6, s 7\nAppointment of certifiers—work begun\ns 19A ins A2007-26 amdt 1.11\nam A2013-19 amdt 3.8; A2019-48 s 8, s 9\nAutomatic suspension\ns 19B ins A2007-26 amdt 1.11\nEnding suspensions\ns 19C ins A2007-26 amdt 1.11\nEnding appointments\ns 19D ins A2007-26 amdt 1.11\n\nAppointment of certifier after appointment ends under s 19D (1) (e)\ns 19E ins A2007-26 amdt 1.11\nam A2013-19 amdt 3.8\nAppointment of government certifiers\ns 20 am A2007-26 amdt 1.12\nam A2013-19 amdt 3.8; A2025-29 amdt 4.17\nPower to require building documents\ns 21 sub A2007-26 amdt 1.13\nEntitlement to act as certifier\ns 23 am A2007-26 amdt 1.14; A2022-14 amdt 3.8\nNotice of certifier’s appointment or end of appointment\ns 24 sub A2007-26 amdt 1.15\nOverview—div 3.3\ns 25A ins A2007-26 amdt 1.16\nMeaning of site work notice—div 3.3\ns 25AA ins A2014-45 s 4\nam A2023-36 amdt 1.8\nWhy are building approvals necessary?\ns 25B ins A2007-26 amdt 1.16\nam A2011-3 amdt 3.75\nBuilding approvals apply to building work\ns 25C ins A2007-26 amdt 1.16\nBuilding approval applications\ns 26 am A2006-16 amdt 1.5; A2010-32 s 5, s 6; A2010-24 s 6;\nA2012-23 s 4; A2023-36 amdts 1.9-1.11; A2023-55 s 7; pars\nrenum R46 LA; A2025-29 amdt 4.17\nApplications for building approval—certifier may require further information\ns 26A ins A2007-26 amdt 1.17\nam A2010-24 s 7; A2016-18 amdt 3.24\nContents of request for further information\ns 26B ins A2007-26 amdt 1.17\nam A2010-24 s 8; A2013-19 amdt 3.9; A2016-18 amdt 3.25;\nss renum R34 LA\nApplications for building approval—effect of failure to provide further\ns 26C ins A2007-26 amdt 1.17\nCertifier not to consider certain applications\ns 27 am A2007-26 amdt 1.18\n\nNotice if building approval not issued\ns 27A ins A2010-24 s 9\nIssue of building approvals\ns 28 am A2006-16 amdt 1.6; A2007-26 amdts 1.19-1.21; ss renum\nR10 LA; A2010-24 s 10; A2014-45 s 5; A2023-36\namdts 1.12-1.14; A2025-29 amdt 4.17\nMarking building approval\ns 28A ins A2007-26 amdt 1.21\nam A2013-19 amdt 3.10; A2014-45 s 6, s 7; pars renum\nR27 LA; A2020-20 amdt 1.1; A2025-29 amdt 4.17\nApproval requirements\ns 29 am A2005-34 amdt 1.3, amdt 1.4; A2006-16 amdt 1.7;\nA2006-15 amdt 1.1; A2007-26 amdt 1.22, amdt 1.23; pars\nrenum R10 LA; A2011-3 amdt 3.76; A2010-24 ss 11-13;\nss, pars renum R15 LA; A2014-45 s 8; A2015-12 s 7;\nA2023-36 amdts 1.15-1.19; A2025-29 amdt 4.17\nWhen building approvals not to be issued—general\ns 30 sub A2007-26 amdt 1.24\nam A2023-36 amdt 1.20, amdt 1.21; A2025-29 amdt 4.17\nWhen building approvals not to be issued—advice on referral\ns 30A ins A2007-26 amdt 1.24\nApplication for approval of amended plans\ns 31 sub A2007-26 amdt 1.24\nAmendment of approved plans\ns 32 am A2007-26 amdts 1.25-1.27\nApplication for approved plans amendment—certifier may require further\ns 32A ins A2007-26 amdt 1.28\nam A2016-18 amdt 3.26\nContents of request for further information\ns 32B ins A2007-26 amdt 1.28\nam A2010-24 s 14; A2013-19 amdt 3.11; A2016-18 amdt 3.27;\nss renum R34 LA\nApproved plans amendment—effect of failure to provide further information\ns 32C ins A2007-26 amdt 1.28\nMarking approval of amendment\ns 33 am A2007-26 amdts 1.29-1.31; A2025-29 amdt 4.17\nLand to be used in accordance with lease and development approval\ns 35 sub A2007-26 amdt 1.32\n\nPeriod for which approvals operate\ns 36 am A2007-26 amdt 1.33, amdt 1.34; ss renum R10 LA\nRequirement to give advice in relation to proposed building work\ns 36A ins A2007-26 amdt 1.35\nam A2015-50 amdt 3.9\nBuilding commencement notices and building work signs\ndiv 3.4 hdg sub A2011-54 s 4\nBuilding commencement notice issue\ns 37 am A2011-54 s 5; ss renum R18 LA; A2016-44 s 37;\nSign to be displayed for certain building work\ns 37A ins A2011-54 s 6\nam A2015-12 s 8\nSign to be displayed for building work in prescribed development\ns 37B ins A2011-54 s 6\nam A2015-12 s 9\nAutomatic end of building commencement notices\ns 38 am A2016-44 s 37\nApplication for cancellation of building commencement notice\ns 39 am A2025-29 amdt 4.17\nRequirements for carrying out building work\ns 42 am A2005-20 amdt 3.86; A2005-34 amdt 1.5; A2006-16\namdt 1.8; A2007-26 amdt 1.36; A2019-48 s 10; pars renum\nR39 LA\nContravention of requirements for building work involving asbestos\ns 42A ins A2004-66 amdt 1.1\nam A2005-34 amdt 1.6; A2006-16 amdt 1.8, amdt 1.9;\nA2009-20 amdt 3.19; A2014-2 ss 4-6; ss renum R25 LA;\nA2014-53 s 4, s 5; pars renum R28 LA\nStages of building work\ns 43 sub A2007-26 amdt 1.37\nam A2013-31 s 9\nsub A2016-44 s 6\nStage inspections\ns 44 sub A2007-26 amdt 1.37\nam A2013-31 s 10, s 11; A2016-44 ss 7-12;\nRecords of tests\ns 45 am A2007-26 amdt 1.38\n\nCertifier may request engineer’s certificate\ns 47 hdg sub A2019-48 s 11\ns 47 am A2014-2 ss 7-9; A2019-48 s 12; ss renum R39 LA;\nA2023-8 amdts 2.1-2.3\nCompletion of building work\ns 48 am A2007-26 amdts 1.39-1.45; ss and pars renum R10 LA;\nA2013-31 s 12, s 13; A2014-2 s 10, s 11; A2019-48 s 13,\ns 14; A2026-2 s 4, s 5\nComplying with building code\ns 49 am A2005-34 amdt 1.7\nsub A2014-2 s 12\nam A2019-48 s 15, s 16\nNotification by certifier of contraventions of building and development\napprovals—building work\ns 50 sub A2007-26 amdt 1.46\nam A2014-23 s 4, s 5; A2015-42 s 4; A2026-2 s 7\nNotification by certifier of possible noncompliant site work\ns 50A ins A2007-26 amdt 1.46\nam A2010-24 s 15; ss renum R15 LA; A2023-36 amdt 1.22,\namdt 1.23, amdt 1.30\nSite work without adequate development approval—people\ns 50B ins A2007-26 amdt 1.46\nam A2010-24 s 16; ss renum R15 LA\nSite work without adequate development approval—partners\ns 50C ins A2007-26 amdt 1.46\nam A2010-24 s 17, s 18; ss renum R15 LA\nCarrying out building work in contravention of s 42\ns 51 am A2010-24 ss 19-21\nsub A2014-2 s 13\nStop and other notices and demolition orders\npt 4 hdg sub A2015-42 s 5\nDefinitions—pt 4\ns 52 sub A2015-42 s 6\ndef custodian ins A2015-42 s 6\nsub A2023-36 amdt 1.24\ndef easement sub A2015-42 s 6\nam A2020-16 amdt 1.7\nStop notices\ns 53 am A2007-26 amdts 1.47-1.51; ss, pars renum R10 LA\nStop notices—display of sign\ns 53A ins A2019-48 s 17\n\nBuilding work allowed under stop notice\ns 54 am A2007-26 amdt 1.52\nDecision on application by other than land owner\ns 57 am A2007-26 amdt 1.53\nFurther notices relating to stop notices\ns 58 am A2023-36 amdt 1.30\nService of stop notices and further notices\ns 59 am A2007-26 amdt 1.54\nStop notices register\ns 59A ins A2019-48 s 18\nNotice to produce survey plan etc\ns 60 am A2007-26 amdt 1.55\nom A2023-55 s 8\nPreconditions for s 62 notice\ns 61 am A2005-34 amdt 1.8; A2006-15 amdt 1.2; A2007-26\namdt 1.56; A2015-42 s 7; pars renum R32 LA\nNotice to carry out building work\ns 62 am A2023-36 amdt 1.30\nDemolition orders—affected residential premises and eligible impacted\nproperty\ns 63A ins A2015-42 s 8\nam A2020-20 amdt 1.2, amdt 1.3; A2025-29 amdt 4.17\nWhen demolition orders not to be issued—advice on referral\ns 63B ins A2015-42 s 8\nRequirement to give advice in relation to proposed demolition\ns 63C ins A2015-42 s 8\nDemolition orders—application of pt 3\ns 63D ins A2015-42 s 8\nCompletion of demolition work—affected residential premises and eligible\nimpacted property\ns 63E ins A2015-42 s 8\nCompliance with notices under pt 4\ns 64 sub A2007-26 amdt 1.57\nApplication of pt 5 to building work\ns 65 sub A2005-34 amdt 1.9; A2006-16 amdt 1.10\nam A2007-26 amdt 1.58\nom A2015-12 s 10\n\nMeaning of prescribed requirements—div 5.1\ns 66 sub A2005-34 amdt 1.10\nam A2006-16 amdt 1.11\nsub A2007-26 amdt 1.59\nam A2014-53 s 6; A2016-44 s 13\nPrescribed requirements and contraventions of s 43—div 5.1\ns 66A ins A2007-26 amdt 1.59\nRegistrar may have regard to documents given\ns 67 am A2007-26 amdt 1.60\nEffect of certificates under div 5.1\ns 68 am A2007-26 amdt 1.61; A2025-29 amdt 3.37\nCertificates of occupancy\ns 69 am A2007-26 amdt 1.62; A2013-15 s 5, s 6; A2013-31 s 14;\nA2016-44 s 14, s 15, s 38; A2018-16 amdt 1.1; A2020-25 s 4;\nCompletion of building work involving demolition\ns 70A ins A2007-26 amdt 1.63\nCertificate for building work involving demolition\ns 71 am A2007-26 amdt 1.64\nCertificates of occupancy and use for owner-builders\ns 73 am A2007-26 amdt 1.65; A2016-44 s 38\nGovernment buildings—application for fitness certificate\ns 74 am A2025-29 amdt 4.17\nDecision on s 74 application\ns 75 am A2007-26 amdt 1.66\nUse of buildings restricted\ns 77 am A2022-14 amdt 3.9\nAction by registrar on unauthorised use of building etc\ns 79 hdg sub A2006-16 amdt 1.12\nCopies of certificates of occupancy and regularisation\ns 80 am A2007-26 amdt 1.67\nSafe live load plates\ns 81 am A2011-3 amdt 3.77; A2025-29 amdt 4.17\nRegulated swimming pools\npt 5A hdg ins A2023-46 s 4\nPreliminary\ndiv 5A.1 hdg ins A2023-46 s 4\n\nDefinitions—pt 5A\ns 83 sub A2005-34 amdt 1.11; A2006-16 amdt 1.13\nam A2007-26 amdt 1.68\nom A2015-12 s 12\nins A2023-46 s 4\ndef access point ins A2023-46 s 4\ndef authorised person ins A2023-46 s 4\ndef complete exemption ins A2026-2 s 9\ndef compliance certificate ins A2023-46 s 4\nom A2026-2 s 8\ndef compliance status certificate ins A2026-2 s 9\ndef exemption certificate ins A2023-46 s 4\ndef Ministerial exemption ins A2023-46 s 4\ndef occupier ins A2023-46 s 4\ndef owner ins A2023-46 s 4\ndef partial Ministerial exemption ins A2026-2 s 9\ndef safety barrier ins A2023-46 s 4\ndef safety standards ins A2023-46 s 4\ndef standing exemption ins A2023-46 s 4\nMeaning of safety standards—pt 5A\ns 83A ins A2023-46 s 4\nMeaning of regulated swimming pool\ns 83B ins A2023-46 s 4\nCompliance with safety standards\ndiv 5A.2 hdg ins A2023-46 s 4\nExemptions\nsdiv 5A.2.1 hdg ins A2023-46 s 4\nStanding exemption\ns 83C ins A2023-46 s 4\nMinisterial exemption\ns 83D ins A2023-46 s 4\nVariation of Ministerial exemption\ns 83E ins A2023-46 s 4\nRevocation of exemption\ns 83F ins A2023-46 s 4\nMinister may make guidelines\ns 83G ins A2023-46 s 4\nGuidance about obligations on owners\ns 83H ins A2023-46 s 4\nexp 1 May 2028 (s 83H (3))\n\nFailure to comply with exemption certificate conditions\ns 83I ins A2023-46 s 4\nFailure to notify change of exemption circumstances\ns 83J ins A2023-46 s 4\nCompliance status certificates\nsdiv 5A.2.2 hdg ins A2023-46 s 4\nsub A2026-2 s 10\nApplication—sdiv 5A.2.2\ns 83JA ins A2026-2 s 10\nCompliance status certificates\ns 83K hdg sub A2026-2 s 10\ns 83K ins A2023-46 s 4\nam A2026-2 ss 11-21\nPeriod for which compliance status certificate in force\ns 83L hdg sub A2026-2 s 22\ns 83L ins A2023-46 s 4\nam A2026-2 s 23, s 24\nFailure to lodge compliance status certificate etc for regulated swimming\npool\ns 83M hdg sub A2026-2 s 25\ns 83M ins A2023-46 s 4\nam A2026-2 ss 26-28; pars renum R54 LA\nSwimming pool safety\ndiv 5A.3 hdg ins A2023-46 s 4\nFailure to maintain swimming pool safety barrier\ns 83N ins A2023-46 s 4\nFailure to close swimming pool safety barrier\ns 83O ins A2023-46 s 4\nAdministration\ndiv 5A.4 hdg ins A2023-46 s 4\nAuthorised person\ns 83P ins A2023-46 s 4\nam A2026-2 s 33\nIdentity cards\ns 83Q ins A2023-46 s 4\nPerson pretending to be authorised person\ns 83R ins A2023-46 s 4\nMiscellaneous\ndiv 5A.5 hdg ins A2023-46 s 4\n\nCriminal liability of executive members of owners corporation\ns 83S ins A2023-46 s 4\npt 6 hdg sub A2016-44 s 16\nInterpretation—pt 6\ndiv 6.1 hdg sub A2015-12 s 11\nDefinitions—pt 6\ns 84 hdg sub A2015-12 s 13\ns 84 def approved scheme am A2023-55 s 9\ndef builder sub A2007-26 amdt 1.69\ndef complying residential building work insurance sub\nA2016-44 s 17\ndef consumer representative ins A2023-55 s 10\ndef insurable residential building ins A2016-44 s 18\ndef insurable residential building work ins A2016-44 s 18\ndef residential building sub A2016-44 s 19\nResidential building work to which pt 6 does not apply\ns 87 am A2016-44 s 20, s 21; A2025-29 amdt 3.30\nResidential building work to which div 6.2 does not apply\ns 87A ins A2016-44 s 22\nStatutory warranties\ns 88 am A2005-34 amdt 1.12; A2006-16 amdt 1.14; A2016-44 s 23\nStandard conditions\ndiv 6.2A hdg ins A2016-44 s 24\nResidential building work contract to which div 6.2A does not apply\ns 89A ins A2016-44 s 24\nMeaning of residential building work contract—div 6.2A\ns 89B ins A2016-44 s 24\nStandard conditions for residential building work contract\ns 89C ins A2016-44 s 24\nRequired documents for residential building work contract\ns 89D ins A2016-44 s 24\nProhibited conditions for residential building work contract\ns 89E ins A2016-44 s 24\nComplying residential building work insurance\ns 90 am A2010-18 amdt 1.3; A2016-44 s 37; A2023-55 s 11;\nss renum R50 LA\n\nClaims if builder insolvent and work unfinished\ns 93 am A2010-18 amdt 1.4; A2016-44 s 37\nRecovery from builder\ns 94 am A2022-14 amdt 3.10\nApproval of fidelity fund scheme—application\ns 96 am A2011-3 amdt 3.79; A2023-36 amdt 1.30\nApproval of fidelity fund scheme—request for more information\ns 97 am A2013-19 amdt 3.12; A2016-18 amdt 3.28, amdt 3.29;\nA2023-36 amdt 1.30\nApproval of fidelity fund scheme—decision on application\ns 98 am A2023-36 amdt 1.30\nApproval criteria for schemes\ns 99 am A2011-3 amdt 3.79; A2023-55 s 13; A2025-29 amdt 4.17\nApproved scheme—conditions\ns 100 sub A2023-55 s 14\nApproved scheme—application to change\ns 101 am A2023-36 amdt 1.30\nsub A2023-55 s 14\nApproved scheme—decision on application to change\ns 102 am A2011-3 amdt 3.79; A2023-36 amdt 1.30\nsub A2023-55 s 14\nPrudential standards\ns 103 am A2011-3 amdt 3.79; A2025-29 amdt 4.17\nNotice to trustees to comply with prudential standards\ns 105 am A2023-36 amdt 1.30; A2023-55 s 20\nNotice to trustees requiring information\ns 106 am A2023-36 amdt 1.30; A2023-55 s 20, s 21\nSuspension or cancellation of approval of approved scheme\ns 107 am A2011-3 amdt 3.79; A2023-36 amdt 1.30; A2023-55 s 15,\nss 20-22; A2025-29 amdt 3.37, amdt 4.17\nCancellation of approval on application\ns 108 am A2011-3 amdt 3.79; A2023-36 amdt 1.30; A2023-55 s 20,\ns 21; A2025-29 amdt 4.17\nOrders consequential on etc suspension or cancellation\ns 109 am A2023-36 amdt 1.30; A2023-55 s 20, s 21\n\nAddress for service for trustees\ns 110 am A2023-36 amdt 1.30; A2023-55 s 20\nAppointment of auditor and actuary for approved scheme\ns 111 am A2023-36 amdt 1.30; A2023-55 s 20\nApproval of appointment of auditor or actuary\ns 112 am A2015-50 amdt 3.10; A2023-36 amdt 1.30; A2023-55 s 20,\ns 22\nRevocation of approval of appointment of auditor or actuary\ns 113 am A2023-36 amdt 1.30; A2023-55 s 20\nNotification of appointment or ending of appointment of auditor or actuary\ns 115 am A2023-36 amdt 1.30; A2023-55 s 20\nCompliance with prudential standards by auditors and actuaries\ns 116 am A2022-14 amdt 3.11\nAuditor and actuary to tell Minister if scheme insolvent etc\ns 117 hdg am R46 LA\ns 117 am A2023-36 amdt 1.30; A2023-55 s 20; A2025-29 amdt 3.37\nGiving of information to Minister by auditor or actuary etc\ns 118 hdg am R46 LA\ns 118 am A2023-36 amdt 1.30; A2023-55 ss 20-22\nCertificates and reports required to be given to Minister\ns 121 hdg am R46 LA\ns 121 am A2023-36 amdt 1.30; A2023-55 s 20\nSpecial actuary to investigate liabilities\ns 122 am A2013-19 amdt 3.13; A2023-36 amdt 1.30; A2023-55 s 20,\ns 21\nObjection to special actuary by Minister\ns 123 hdg am R46 LA\ns 123 am A2023-36 amdt 1.30; A2023-55 s 20,s 21\nSpecial actuary’s report\ns 124 am A2023-36 amdt 1.30; A2023-55 s 20, s 21\nWho can be appointed as special actuary\ns 125 am A2023-36 amdt 1.30; A2023-55 s 20\nObligations of trustees to auditors and actuaries\ns 126 am A2022-14 amdt 3.11\nProtection of auditor and actuary from liability\ns 127 sub A2023-55 s 16\nConsumer representative\ndiv 6.6 hdg ins A2023-55 s 17\n\nConsumer representative—appointment\ns 127AA ins A2023-55 s 17\nConsumer representative—terms of reference\ns 127AB ins A2023-55 s 17\nConsumer representative—ending appointment\ns 127AC ins A2023-55 s 17\nResidential building disputes\npt 6A hdg ins A2020-25 s 5\nObjects and important concepts\ndiv 6A.1 hdg ins A2020-25 s 5\nDefinitions—pt 6A\ns 127A ins A2020-25 s 5\ndef building practitioner ins A2020-25 s 5\ndef developer ins A2020-25 s 5\ndef related building activity ins A2020-25 s 5\ndef residential building ins A2020-25 s 5\ndef residential building work ins A2020-25 s 5\ndef residential building work contract ins A2020-25 s 5\nMeaning of residential building dispute—pt 6A\ns 127B ins A2020-25 s 5\nMeaning of residential building matter—pt 6A\ns 127C ins A2020-25 s 5\nResidential building dispute resolution process—purpose\ns 127D ins A2020-25 s 5\nPrescription of dispute resolution processes\ns 127E ins A2020-25 s 5\nResidential building dispute administrator\ndiv 6A.2 hdg ins A2020-25 s 5\nResidential building dispute administrator—appointment\ns 127F ins A2020-25 s 5\nDispute resolution officers\ns 127G ins A2020-25 s 5\nTechnical building assessors\ns 127H ins A2020-25 s 5\nConsultants and contractors\ns 127I ins A2020-25 s 5\nOther arrangements for staff and facilities\ns 127J ins A2020-25 s 5\n\nDelegation by administrator\ns 127K ins A2020-25 s 5\nProtection from liability\ns 127L ins A2020-25 s 5\nDispute resolution process\ndiv 6A.3 hdg ins A2020-25 s 5\nReferral of dispute\ns 127M ins A2020-25 s 5\nLodgment of dispute\ns 127N ins A2020-25 s 5\nAdministrator may dismiss lodgment in certain circumstances\ns 127O ins A2020-25 s 5\nAdministrator may refer dispute in certain circumstances\ns 127P ins A2020-25 s 5\nCommencing dispute resolution\ns 127Q ins A2020-25 s 5\nInformation required for dispute resolution\ns 127R ins A2020-25 s 5\nRecord of resolution\ns 127S ins A2020-25 s 5\nDispute resolution—confidentiality\ns 127T ins A2020-25 s 5\nDispute resolution trust account\ndiv 6A.4 hdg ins A2020-25 s 5\nDispute resolution trust establishment\ns 127U ins A2020-25 s 5\nInterest on amounts in trust account\ns 127V ins A2020-25 s 5\nAppointment of building inspectors\ns 128 am A2016-44 s 25\nIdentity cards\ns 129 am A2022-14 amdt 3.12\nInspection of building work and authority for required work\ndiv 7.2 hdg ins A2016-44 s 26\nInspection of building work where no approval\ns 131 am A2015-42 s 9; A2016-44 s 27; A2023-46 s 7, s 8;\npars renum R48 LA\n\nPower to authorise required work\ns 133 am A2015-42 s 10\nsub A2016-44 s 28\nNon-compliant buildings and building work\ndiv 7.2A hdg ins A2019-48 s 19\nPowers in relation to non-compliant buildings\ns 133A ins A2019-48 s 19\nEntry and seizure\ndiv 7.3 hdg ins A2016-44 s 29\nBuilding inspectors—entry to premises\ns 134 hdg sub A2016-44 s 30\ns 134 am A2006-16 amdt 1.15\nBuilding inspectors—powers on entry\ns 134A ins A2016-44 s 31\nBuilding inspectors—power to seize things\ns 134B ins A2016-44 s 31\nBuilding inspectors—receipt for things seized\ns 134C ins A2016-44 s 31\nAccess to things seized\ns 134D ins A2016-44 s 31\nReturn of things seized\ns 134E ins A2016-44 s 31\nSearch warrants\ndiv 7.4 hdg ins A2016-44 s 31\nWarrants generally\ns 134F ins A2016-44 s 31\nWarrants—application made other than in person\ns 134G ins A2016-44 s 31\nam A2018-33 amdt 1.3, amdt 1.4\nSearch warrants—announcement before entry\ns 134H ins A2016-44 s 31\nam A2022-14 amdt 3.13\nDetails of search warrant to be given to occupier etc\ns 134I ins A2016-44 s 31\nOccupier entitled to be present during search etc\ns 134J ins A2016-44 s 31\nMoving things to another place for examination or processing\ns 134K ins A2016-44 s 31\n\nObstructing building inspector\ns 135 om A2004-15 amdt 2.25\nBuilding code, recognised standards etc\npt 8 hdg sub A2006-16 amdt 1.16; A2006-15 amdt 1.3; A2010-32 s 7\nBuilding code and recognised standards\ndiv 8.1 hdg ins A2006-16 amdt 1.16\nBuilding code\ns 136 am A2004-28 amdt 3.1; A2011-3 amdt 3.79; A2012-23 s 5;\nA2013-31 ss 15-17; ss renum R23 LA; A2025-29 amdt 4.17\nRegulation under s 136 (1), def building code and Legislation Act, s 47\ns 136A ins A2013-31 s 18\nPublication and availability of ACT Appendix\ns 137 am A2009-20 amdt 3.20, amdt 3.21\nsub A2013-31 s 19\nam A2015-33 amdt 1.23\nom A2025-5 s 5\nInspection of building code\ns 138 am A2022-14 amdt 3.14\nom A2025-5 s 5\nCertified copies of building code\ns 139 am A2008-36 amdt 1.61; A2025-5 s 6\nRecognised standards\ns 139A ins A2006-15 amdt 1.4\nsub A2025-5 s 7\nam A2025-29 amdt 3.31, amdt 3.32; pars renum R53 LA\nCodes of practice and guidelines\ndiv 8.2 hdg ins A2006-16 amdt 1.17\nsub A2015-12 s 14; A2016-44 s 32\nApproval of codes of practice\ns 139B hdg sub A2015-12 s 15\ns 139B ins A2006-16 amdt 1.17\nam A2013-19 amdt 3.14, amdt 3.15; A2015-12 s 16, s 17;\nA2016-44 s 33; A2025-29 amdt 4.17\nApproval of guidelines\ns 139BA ins A2016-44 s 34\nEnergy efficiency certificates\ndiv 8.3 hdg ins A2010-32 s 8\n\nEnergy efficiency certificates\ns 139C ins A2010-32 s 8\nam A2023-55 s 18\nConflict of interest—building assessors\ns 139D ins A2010-32 s 8\nLimitation of liability for building actions\ns 142 am A2007-26 amdt 1.70; A2025-29 amdt 3.37\nNotification and review of decisions\npt 9A hdg ins A2008-36 amdt 1.62\nDefinitions—pt 9A\ns 142A ins A2008-36 amdt 1.62\ndef decision-maker ins A2008-36 amdt 1.62\ndef reviewable decision ins A2008-36 amdt 1.62\nReviewable decision notices\ns 142B ins A2008-36 amdt 1.62\nApplications for review\ns 142C ins A2008-36 amdt 1.62\nPowers of ACAT\npt 9B hdg ins A2008-36 amdt 1.62\nPowers of ACAT—proposed buildings etc forming part of development\ns 142D ins A2008-36 amdt 1.62\nSustainability guidelines\ns 143 am A2011-3 amdt 3.79; A2025-29 amdt 4.17\nGiving copies of documents\ns 145 am A2019-48 s 20\nReview by AAT\ns 146 om A2008-37 amdt 1.51\nRecovery of costs of work carried out by inspector\ns 147 am A2022-14 amdt 3.15\nEvidentiary certificates\ns 148 am A2008-36 amdt 1.63; A2011-48 amdt 1.7\nReview by AAT\ns 146 sub A2007-26 amdt 1.71\nRecovery of costs of work carried out by inspector\ns 147 am A2015-42 s 11\n\nLegal liability for acts of registrar etc\ns 149 am A2022-14 amdt 3.16\nDetermination of fees\ns 150 am A2011-3 amdt 3.79; A2025-29 amdt 4.17\nApproved forms\ns 151 am A2011-3 amdt 3.79; A2025-29 amdt 4.17\nApplying, adopting or incorporating documents in regulations\ns 151A ins A2025-5 s 8\nam A2025-29 amdt 3.33, amdt 3.34; pars renum R53 LA\nRegulation-making power\ns 152 am A2007-26 amdt 1.72, amdt 1.73; ss renum R10 LA;\nA2010-24 s 22; A2015-12 s 18, s 19; A2025-5 s 9; ss renum\nR52 LA; A2025-29 amdt 4.17\nTransitional\npt 11 hdg exp 1 September 2006 (s 180)\nDefinitions for pt 11\ns 153 exp 1 September 2006 (s 180)\nThings required to be given to building controller or deputy\ns 154 exp 1 September 2006 (s 180)\nApplication of Act to Territory building work contracted before 1 July 2001\ns 155 exp 1 September 2006 (s 180)\nExempt buildings\ns 156 exp 1 September 2006 (s 180)\nCertifiers\ns 157 exp 1 September 2006 (s 180)\nApplication to building work whenever happening\ns 158 exp 1 September 2006 (s 180)\nApplication to contraventions of Act whenever happening\ns 159 exp 1 September 2006 (s 180)\nRequirements to do things by times\ns 160 exp 1 September 2006 (s 180)\nCanberra Sewerage and Water Supply Regulations\ns 161 exp 1 September 2006 (s 180)\nGovernment buildings—application for fitness certificate\ns 162 exp 1 September 2006 (s 180)\nOccupation and use of buildings\ns 163 exp 1 September 2006 (s 180)\n\nMeaning of builder for pt 6\ns 164 exp 1 September 2006 (s 180)\nCertificate of regularisation\ns 164A ins as mod SL2004-46 reg 5\nom as mod A2005-34 amdt 1.21\nins A2005-34 amdt 1.13\nexp 1 September 2006 (s 180)\nApplication of s 88 (2) (b)\ns 164B ins as mod SL2004-46 reg 5\nom as mod A2005-34 amdt 1.21\nPrudential standards\ns 164C ins as mod SL2004-46 reg 5\nexp 1 September 2006 (s 180)\nBuilding inspectors and identity cards\ns 165 exp 1 September 2006 (s 180)\nApproved scheme\ns 166 exp 1 September 2006 (s 180)\nExisting auditors and actuaries\ns 167 exp 1 September 2006 (s 180)\nApplication for approval of appointment\ns 168 exp 1 September 2006 (s 180)\nGiving information under s 118\ns 169 exp 1 September 2006 (s 180)\nInspection powers\ns 170 exp 1 September 2006 (s 180)\nPreviously authorised required work\ns 171 exp 1 September 2006 (s 180)\nAustralian Capital Territory Appendix to the Building Code of Australia\ns 172 am A2005-34 amdt 1.14, amdt 1.15\nexp 27 July 2005 (s 172 (3))\nMeaning of building work for pt 9\ns 173 exp 1 September 2006 (s 180)\nLimitation of liability for building actions\ns 174 exp 1 September 2006 (s 180)\nEvidentiary certificates—s 148 (1) (c)\ns 175 exp 1 September 2006 (s 180)\nEvidentiary certificates—s 148 (1) (f)\ns 176 exp 1 September 2006 (s 180)\n\nBuilding Regulations 2004\ns 177 exp 1 September 2004 (s 177 (5))\nBuilding (Bushfire Emergency) Regulations 2004\ns 178 exp 1 September 2004 (s 178 (5))\nRegulations modifying pt 11\ns 179 exp 1 September 2006 (s 180)\nExpiry of pt 11\ns 180 exp 1 September 2006 (s 180)\nRepeals\npt 12 hdg om LA s 89 (3)\nLegislation repealed\ns 181 om LA s 89 (3)\nTransitional—Construction Occupations Legislation (Exemption\nAssessment) Amendment Act 2010\npt 15 hdg ins A2010-24 s 23\nMeaning of commencement day—pt 15\ns 200 ins A2010-24 s 23\nTransitional regulations\ns 201 ins A2010-24 s 23\nExpiry—pt 15\ns 202 ins A2010-24 s 23\nNew Building Regulations\nsch 1 om R1 LA\nNew Building (Bushfire Emergency) Regulations\nsch 2 om R1 LA\ndict am A2008-36 amdt 1.64; A2009-20 amdt 3.22; A2010-18\namdt 1.5; A2010-24 s 24; A2015-33 amdt 1.24;\nA2020-16 amdt 1.8; A2020-25 s 6; A2023-36 amdt 1.25;\nA2025-29 amdt 3.35, amdt 3.36\ndef access point ins A2023-46 s 9\ndef actuary am A2016-44 s 38\ndef administrator ins A2020-25 s 7\ndef approval criteria am A2016-44 s 38\ndef approved scheme am A2016-44 s 38\n\ndef asbestos ins A2014-53 s 7\ndef asbestos advice ins A2006-16 amdt 1.18\nom A2013-19 amdt 3.16\ndef asbestos assessment report ins A2006-16 amdt 1.18\ndef asbestos code ins A2006-16 amdt 1.18\nom A2015-12 s 20\ndef asbestos removal control plan ins A2006-16 amdt 1.18\nam A2015-12 s 21\ndef authorised person ins A2023-46 s 9\ndef bonded asbestos ins A2006-16 amdt 1.18\nom A2011-3 amdt 3.78\ndef builder am A2016-44 s 38\ndef building am A2016-44 s 38\ndef building practitioner ins A2020-25 s 7\ndef building-surveyor ins A2010-24 s 25\ndef building work am A2016-44 s 38\ndef certifier am A2007-26 amdt 1.74\ndef complete exemption ins A2026-2 s 35\ndef completion day am A2013-19 amdt 3.17; A2016-44 s 38\ndef compliance certificate ins A2023-46 s 9\nom A2026-2 s 34\ndef compliance status certificate ins A2026-2 s 35\ndef complying residential building work insurance am\nA2016-44 s 38\ndef consumer representative ins A2023-55 s 19\ndef cost am A2016-44 s 38\ndef custodian ins A2015-42 s 12\ndef decision-maker ins A2008-36 amdt 1.65\ndef demolition order ins A2015-42 s 12\ndef developer ins A2020-25 s 7\ndef development ins A2007-26 amdt 1.75\ndef development approval ins A2007-26 amdt 1.76\ndef dispute resolution officer ins A2020-25 s 7\ndef disturbs ins A2006-16 amdt 1.18\ndef easement am A2015-42 s 13\ndef eligible entity ins A2007-26 amdt 1.77\nam A2013-19 amdt 3.18\ndef eligible person om A2007-26 amdt 1.77\ndef energy efficiency certificate ins A2010-32 s 9\ndef exemption-assessment ins A2010-24 s 25\ndef exemption-assessment B notice ins A2010-24 s 25\ndef exemption-assessment D notice ins A2010-24 s 25\ndef exemption certificate ins A2023-46 s 9\ndef fidelity certificate am A2016-44 s 38\n\ndef fidelity fund scheme am A2016-44 s 38\ndef friable asbestos ins A2006-16 amdt 1.18\nsub A2014-53 s 8\ndef handling ins A2006-16 amdt 1.18\ndef information ins A2007-26 amdt 1.78\ndef insurable residential building ins A2016-44 s 35\ndef insurable residential building work ins A2016-44 s 35\ndef land ins A2007-26 amdt 1.79\nam A2013-3 amdt 2.1; A2023-36 amdt 1.27\ndef Land Act om A2007-26 amdt 1.80\ndef land sublease ins A2015-19 s 4\nsub A2023-36 amdt 1.28\ndef lease sub A2007-26 amdt 1.80; A2023-36 amdt 1.28\ndef Ministerial exemption ins A2023-46 s 9\ndef minor maintenance work ins A2006-16 amdt 1.18\nom A2007-26 amdt 1.81\ndef occupier ins A2023-46 s 9\ndef owner sub A2007-26 amdt 1.82\nam A2013-3 amdt 2.2; A2013-31 s 20; A2015-19 s 5;\nA2023-36 amdt 1.29\nsub A2023-46 s 10\ndef parcel ins A2015-19 s 6\ndef partial Ministerial exemption ins A2026-2 s 35\ndef premises ins A2006-16 amdt 1.18\ndef prudential standards am A2016-44 s 38\ndef recognised standard ins A2006-15 amdt 1.5\nam A2025-5 s 10\ndef regulated swimming pool ins A2023-46 s 11\ndef related building activity ins A2020-25 s 7\ndef removal om A2013-19 amdt 3.19\ndef residential building am A2016-44 s 38\nsub A2020-25 s 8\ndef residential building dispute ins A2020-25 s 9\ndef residential building matter ins A2020-25 s 9\ndef residential building work am A2016-44 s 38\nsub A2020-25 s 10\ndef residential building work contract ins A2016-44 s 36\nsub A2020-25 s 10\ndef reviewable decision ins A2008-36 amdt 1.65\ndef safety barrier ins A2023-46 s 11\ndef safety standards ins A2023-46 s 11\ndef site work ins A2007-26 amdt 1.83\ndef site work notice ins A2014-45 s 9\ndef special actuary am A2013-19 amdt 3.20; A2016-44 s 38\ndef stage sub A2007-26 amdt 1.84\n\ndef standing exemption ins A2023-46 s 11\ndef storey am A2016-44 s 38\ndef technical building assessor ins A2020-25 s 11\n\nEarlier republications 5\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Sept 2004\n1 Sept 2004–\n1 Sept 2004\nA2004-66 new Act and\namendments\nby A2004-15,\nA2004-28 and\nA2004-66\n2 Sept 2004\n2 Sept 2004–\n8 Sept 2004\nA2004-66 commenced expiry\n9 Sept 2004\n9 Sept 2004–\nA2004-66 modifications by\nSL2004-34 as\nSL2004-46\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n27 July 2005–\nA2005-34 amendments by\nA2005-34\n28 July 2005–\nA2005-34 commenced expiry\n1 July 2006–\n31 Aug 2006\nA2006-24 amendments by\nA2006-16 as\nA2006-24\n1 Sept 2006\n1 Sept 2006–\n1 Sept 2006\nA2006-24 amendments by\nA2006-15\n2 Sept 2006\n2 Sept 2006–\n30 Mar 2008\nA2006-24 commenced expiry\nR10*\n31 Mar 2008\n31 Mar 2008–\n1 Feb 2009\nA2007-26 amendments by\nA2007-26\n\nfor\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-36 and\nA2008-37\n22 Sept 2009\n22 Sept 2009–\nA2009-20 amendments by\nA2009-20\n3 June 2010–\n28 Feb 2011\nA2010-18 amendments by\nA2010-18\n1 Mar 2011\n1 Mar 2011–\nA2011-3 amendments by\nA2010-32 and\nA2011-3\n8 July 2011–\n29 Feb 2012\nA2011-23 amendments by\nA2010-24 and\nA2011-23\n1 Mar 2012\n1 Mar 2012–\nA2011-48 amendments by\nA2011-48\n29 May 2012–\nA2012-23 amendments by\nA2012-23\n1 July 2012–\nA2012-23 amendments by\nA2011-54\n22 May 2013–\nA2013-15 amendments by\nA2013-15\n14 June 2013–\nA2013-19 amendments by\nA2013-19\n1 July 2013–\nA2013-19 amendments by\nA2013-3\n9 July 2013–\n26 Aug 2013\nA2013-19 expiry of\ntransitional\nprovisions (pt 15)\n27 Aug 2013\n27 Aug 2013–\n31 Aug 2013\nA2013-31 amendments by\nA2013-31\nR24*\n1 Sept 2013\n1 Sept 2013–\n5 Mar 2014\nA2013-31 amendments by\nA2013-31\n6 Mar 2014\n6 Mar 2014–\nA2014-2 amendments by\nA2014-2\n\nEarlier republications 5\nfor\n27 May 2014–\n5 Nov 2014\nA2014-23 amendments by\nA2014-23\n6 Nov 2014\n6 Nov 2014–\n31 Dec 2014\nA2014-45 amendments by\nA2014-45\n1 Jan 2015\n1 Jan 2015–\nA2014-53 amendments by\nA2015-53\n21 May 2015–\nA2015-12 amendments by\nA2015-12\n1 July 2015–\n13 Oct 2015\nA2015-19 amendments by\nA2015-19\n14 Oct 2015\n14 Oct 2015–\n12 Nov 2015\nA2015-33 amendments by\nA2015-33\n13 Nov 2015\n13 Nov 2015–\n8 Dec 2015\nA2015-42 amendments by\nA2015-42\n9 Dec 2015\n9 Dec 2015–\n26 Apr 2016\nA2015-50 amendments by\nA2015-50\n27 Apr 2016\n27 Apr 2016–\n19 Aug 2016\nA2016-18 amendments by\nA2016-18\n20 Aug 2016\n20 Aug 2016–\n17 Aug 2017\nA2016-44 amendments by\nA2016-44\n18 Aug 2017\n18 Aug 2017–\nA2016-44 amendments by\nA2016-44\n17 May 2018–\n22 Oct 2018\nA2018-16 amendments by\nA2018-16\n23 Oct 2018\n23 Oct 2018–\n9 Dec 2019\nA2018-33 amendments by\nA2018-33\n10 Dec 2019\n10 Dec 2019–\nA2019-48 amendments by\nA2019-48\n1 June 2020–\nA2020-16 amendments by\nA2020-16\n\nfor\n25 June 2020–\nA2020-25\n1 July 2020–\nA2020-20\n24 June 2022–\n23 Aug 2022\nA2020-25\n24 Aug 2022\n24 Aug 2022–\n26 Nov 2023\nA2022-14 amendments by\nA2022-14\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n12 Dec 2023\n12 Dec 2023–\n14 Jan 2024\n15 Jan 2024\n15 Jan 2024–\n30 Apr 2024\n1 May 2024–\n22 Aug 2024\nA2023-46\n23 Aug 2024\n23 Aug 2024–\n10 Dec 2024\n11 Dec 2024\n11 Dec 2024–\n5 Mar 2025\n6 Mar 2025\n6 Mar 2025–\n31 Mar 2025\nA2023-8 as\nA2023-20 and\nA2024-21\n1 Apr 2025\n1 Apr 2025–\n15 Nov 2025\nA2025-5 amendments by\nA2025-5\n16 Nov 2025\n16 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":265}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":713},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2004 form. Major additions include: Part 5A on regulated swimming pools (added 2023), Part 6A on residential building disputes (added 2020), extensive asbestos handling provisions, energy efficiency certificate requirements, and complex fidelity fund scheme governance. The original building approval and certification framework has been layered with consumer protection mechanisms, alternative dispute resolution, and specialized safety regimes."},"complexity_factors":["Extensive cross-referencing with other ACT laws (Planning Act 2023, Construction Occupations (Licensing) Act 2004, Dangerous Substances Act 2004, etc.)","Multiple defined terms in a detailed dictionary (pages 225-234)","Nested conditional logic throughout (e.g., approval requirements with multiple exceptions in s 29)","Numerous offence provisions with varying mental elements (strict liability, knowledge, recklessness, intention)","Complex appointment and suspension mechanisms for certifiers (ss 19-20)","Detailed procedural requirements for applications, notices, and certificates","Integration of insurance and fidelity fund schemes with prudential standards","Swimming pool safety provisions with exemptions, compliance certificates, and enforcement layers","10-year limitation period for building actions with multiple triggering events","Substantial amendment history showing ongoing legislative evolution"],"plain_english_summary":"This is the **Building Act 2004** (ACT), the main law governing how buildings are constructed, approved, and occupied in the Australian Capital Territory.\n\n**What it does:**\n- **Regulates building work** — sets rules for erecting, altering, demolishing, and repairing buildings\n- **Requires building approvals** — most building work needs formal approval from a licensed certifier before it can proceed\n- **Establishes a certification system** — private certifiers (and government certifiers as backup) inspect work at key stages to ensure compliance\n- **Protects homeowners** — creates statutory warranties for residential building work, requires insurance for insurable residential work, and sets up a dispute resolution process\n- **Controls building occupancy** — buildings generally cannot be occupied without a certificate of occupancy\n- **Regulates swimming pool safety** — requires safety barriers and compliance certificates for regulated swimming pools\n- **Provides enforcement powers** — allows stop notices, demolition orders, and inspections for non-compliant work\n\n**Who it affects:**\n- **Builders and tradespeople** — must be licensed and comply with approval requirements\n- **Property owners** — must obtain approvals, ensure work complies, and maintain pool safety barriers\n- **Certifiers** — licensed professionals who approve plans and inspect work\n- **Developers** — must provide insurance for residential building work\n\n**Why it matters:**\nThe Act ensures buildings are safe, structurally sound, and fit for purpose. It protects consumers through warranties and insurance requirements, and provides mechanisms to resolve disputes and address defective work. The swimming pool provisions specifically aim to prevent child drownings through mandatory safety barriers.\n\n**Key concepts:**\n- **Building code** — the technical standards (Building Code of Australia plus ACT variations) that buildings must meet\n- **Certifier** — a licensed professional who issues building approvals and conducts inspections\n- **Certificate of occupancy** — the final sign-off that a building is safe to occupy\n- **Statutory warranties** — automatic legal guarantees about the quality of residential building work"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly since its original 2004 enactment. Major additions include: Part 2A on exemption assessments (inserted 2010), Part 5A on regulated swimming pools (2023), Part 6A on residential building disputes (2020), detailed asbestos provisions (2006 onwards), enhanced enforcement powers for non-compliant buildings (2019), and substantial amendments to insurance and fidelity fund schemes (2023). The original scope was narrower – focused on traditional building approvals and basic enforcement. The current version covers swimming pool safety, residential building dispute resolution, sophisticated financial regulation of fidelity funds, and much more prescriptive requirements for certifiers and builders."},"complexity_factors":["Very long Act with over 300 sections and many parts (e.g., Part 3 alone has 6 divisions)","Extensive use of defined terms: over 100 definitions in the dictionary and many signpost definitions","Heavy cross-referencing between sections and to other Acts (e.g., Planning Act, Dangerous Substances Act, Work Health and Safety Act)","Multiple levels of conditionality: exemptions, exceptions, and exceptions to exceptions (e.g., exemptions from building approval, stage inspection exceptions)","Nested decision-making processes with multiple steps and timeframes (e.g., building approval application, request for further information, failure to provide information effects)","Complex interplay between building approvals, development approvals, and exemption assessments","Detailed requirements for different types of building work (basic, specialist, insurable residential) with varying rules","Regulation-making powers that allow significant detail to be added later, making the Act harder to understand in isolation","Part 6 (residential buildings) is particularly labyrinthine with statutory warranties, standard conditions, insurance, fidelity fund schemes, and auditor/actuary provisions","Long amendment history with 54 republications indicates frequent changes and growing complexity"],"plain_english_summary":"The **Building Act 2004 (ACT)** is the main law governing building work in the Australian Capital Territory. It sets out a system for approving, carrying out, and completing building projects, and aims to ensure buildings are safe, structurally sound, and comply with energy efficiency and other standards.\n\n**Who does it affect?**\n- Builders, developers, and owners who commission building work.\n- Certifiers (private building surveyors) and government certifiers who approve plans and inspect work.\n- Occupiers and owners of buildings, especially regarding safety and use.\n- Owners of residential buildings and regulated swimming pools.\n\n**Key things it does:**\n- **Definitions:** Defines key terms like 'building work', 'building', 'site work', 'specialist building work', and 'regulated swimming pool'.\n- **Building approvals:** Before most building work can start, the owner must get a building approval from a certifier. The certifier checks plans against the Building Code of Australia and other laws.\n- **Certifiers:** Licensed practitioners (certifiers) are appointed to approve plans, inspect work at key stages, and issue completion certificates.\n- **Carrying out work:** Building work must meet requirements: use proper materials, follow approved plans, be done in a skilled way, and handle asbestos safely.\n- **Inspections:** Certifiers must inspect work at prescribed stages (e.g., foundations, framing) and can order fixes.\n- **Stop notices:** Regulators can issue stop notices if work is unsafe, unapproved, or violates conditions.\n- **Occupancy certificates:** After completion, a certificate of occupancy is needed before people can move in or use the building.\n- **Residential buildings:** Special rules for houses and apartments: statutory warranties (work must be done properly), required insurance against builder insolvency, and standard contract conditions.\n- **Swimming pools:** Regulated pools (deeper than 300mm) must have safety barriers that meet standards, and owners must get compliance certificates.\n- **Dispute resolution:** A dedicated process for residential building disputes, run by a dispute administrator.\n- **Enforcement:** Building inspectors can enter premises, seize evidence, and issue directions to fix unsafe buildings.\n\n**Why it matters:** The Act creates the legal framework that makes building in the ACT safe, accountable, and consistent. It protects homeowners (via warranties and insurance), ensures buildings meet modern safety and energy standards, and gives regulators power to stop dangerous work."}},"importantCases":[],"_links":{"self":"/api/acts/building-act-2004","history":"/api/acts/building-act-2004/history","analysis":"/api/acts/building-act-2004/analysis","conflicts":"/api/acts/building-act-2004/conflicts","importantCases":"/api/acts/building-act-2004/important-cases","documents":"/api/acts/building-act-2004/documents"}}