sec.102Obligation to give certificate of occupancy on inspection after particular events

### sec.102 Obligation to give certificate of occupancy on inspection after particular events This section applies if— the building certifier has inspected the building and— decided that it has been substantially completed; or given written consent to the occupation of part of the building before all of it has been substantially completed; or if the development is alterations to an existing building—decided that they have been substantially completed; and if there is any fire safety installation installed in the building—the applicant has given the building certifier— a list of all of the installations; and drawings showing their location; and any requirement under the building assessment provisions or a condition of the building development approval for a referral agency inspection of the building has been complied with or has ceased to apply. The building certifier must, as soon as practicable, ensure the owner of the building is given a certificate of occupancy by a building certifier that complies with the requirements under section 103 for a certificate of occupancy (the certificate requirements ). Maximum penalty—20 penalty units. If a requirement mentioned in subsection (1) (c) applies, the certificate must not be given until the requirement has been complied with or it has ceased to apply. For rights of appeal to a development tribunal, see the Planning Act , section 229 . See also section 132 . s 102 ins 2006 No. 36 s 5 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 86 ; 2020 No. 24 s 153 s ch 1 pt 2 (sec.102-ssec.1) This section applies if— the building certifier has inspected the building and— decided that it has been substantially completed; or given written consent to the occupation of part of the building before all of it has been substantially completed; or if the development is alterations to an existing building—decided that they have been substantially completed; and if there is any fire safety installation installed in the building—the applicant has given the building certifier— a list of all of the installations; and drawings showing their location; and any requirement under the building assessment provisions or a condition of the building development approval for a referral agency inspection of the building has been complied with or has ceased to apply. (sec.102-ssec.2) The building certifier must, as soon as practicable, ensure the owner of the building is given a certificate of occupancy by a building certifier that complies with the requirements under section 103 for a certificate of occupancy (the certificate requirements ). Maximum penalty—20 penalty units. (sec.102-ssec.3) If a requirement mentioned in subsection (1) (c) applies, the certificate must not be given until the requirement has been complied with or it has ceased to apply. For rights of appeal to a development tribunal, see the Planning Act , section 229 . See also section 132 . - (a) the building certifier has inspected the building and— (i) decided that it has been substantially completed; or (ii) given written consent to the occupation of part of the building before all of it has been substantially completed; or (iii) if the development is alterations to an existing building—decided that they have been substantially completed; and - (i) decided that it has been substantially completed; or - (ii) given written consent to the occupation of part of the building before all of it has been substantially completed; or - (iii) if the development is alterations to an existing building—decided that they have been substantially completed; and - (b) if there is any fire safety installation installed in the building—the applicant has given the building certifier— (i) a list of all of the installations; and (ii) drawings showing their location; and - (i) a list of all of the installations; and - (ii) drawings showing their location; and - (c) any requirement under the building assessment provisions or a condition of the building development approval for a referral agency inspection of the building has been complied with or has ceased to apply. - (i) decided that it has been substantially completed; or - (ii) given written consent to the occupation of part of the building before all of it has been substantially completed; or - (iii) if the development is alterations to an existing building—decided that they have been substantially completed; and - (i) a list of all of the installations; and - (ii) drawings showing their location; and - 1 For rights of appeal to a development tribunal, see the Planning Act , section 229 . - 2 See also section 132 .