48CBuilder's declaration by building contractor about building

48C Builder's declaration by building contractor about building work (1) This section applies in relation to prescribed building work that has been carried out under a contract entered into under section 48B. (2) A prescribed building contractor who has completed the prescribed building work must, not later than 14 days after completing the work, make a builder's declaration. (3) The prescribed building contractor must, not later than 14 days after completing the prescribed building work, give the builder's declaration to the building certifier who granted the building permit for the work.

Building Act 1993 48 (4) If the prescribed building contractor is a director or nominee of a corporation who ceases to hold that office or position after completing the prescribed building work, the director or nominee is not excused from making a builder's declaration relating to the work he or she completed. (5) For this section, a prescribed building contractor completes the prescribed building work when the building contractor completely ceases to carry out the building work specified in the contract, regardless of whether the work is fully or partially completed. 48CA Builder's declaration by corporation after prescribed event (1) This section applies if all of the following circumstances apply: (a) prescribed building work to which section 48C applies has been completed by a director or nominee of a corporation (the responsible builder); (b) the responsible builder has failed to make a builder's declaration under section 48C(2) solely because of a prescribed event; (c) the corporation is satisfied the prescribed building work was carried out by the responsible builder in accordance with the building permit granted for the work. (2) For subsection (1)(c), the corporation must: (a) take all the steps necessary within a reasonable time and using proper care and diligence, which may include engaging suitably qualified and experienced persons to inspect and give reports about the building work; and (b) ensure other prescribed certification required for the building work carried out by the responsible builder has been obtained. (3) As soon as practicable after the corporation has satisfied itself for subsection (1)(c), it must: (a) give the information it has relied on to a prescribed building contractor who is a director or nominee of the corporation; and (b) ensure that a builder's declaration is made under subsection (4) and given to a building certifier as required by that subsection.

Building Act 1993 49 (4) Not later than 14 days after the director or nominee has been given the information under subsection (3), he or she must: (a) make a builder's declaration relating to the prescribed building work completed by the responsible builder; and (b) include in the declaration details about: (i) the prescribed event; and (ii) the way in which the corporation has satisfied itself under subsection (2); and (c) give the declaration to the building certifier who granted the building permit for the work. Note for subsection (4) See section 69(5) in relation to protection from prosecution for criminal liability if the declaration is made in good faith.