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Building Act 1993
59General requirements for grant of building permit
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59 General requirements for grant of building permit
(1) A building certifier must not grant a building permit unless:
(a) the building work and the building permit will comply with this
Act and the Regulations; and
(b) all relevant planning or other prescribed consents, reports or
approvals, if any (including consents or reports referred to in
Schedule 3, clause 5), have been obtained or are to be
granted or supplied concurrently with the building permit and
the building permit is consistent with those consents and
approvals; and
(c) all planning or other prescribed conditions, if any, will be
complied with.
(1A) A building certifier must not grant a building permit for building work
prescribed for section 48B unless the building contractor has
provided evidence in the approved form to the building certifier that
there is in force a contract as required by the section.
(1B) A building certifier must not grant a building permit for prescribed
residential building work unless the residential builder who will carry
out the work gives the building certifier the RBI policy document, or
a copy of the fidelity certificate, in force for the work.
(1C) A building certifier must not grant a building permit relying on a
certificate under section 40 unless he or she is satisfied that the
certificate was issued by a person who is registered as a building
(1CA) A building certifier must not grant a building permit for building work
to which an access modification decision under section 129G(2)(b)
relates if the work may not comply with the modifications
recommended in the decision.
(1D) A building certifier must specify in a building permit granted for
building work prescribed for Part 4A or 4B the inspection stages
prescribed for section 62(2).
(2) A building certifier must not, in granting a building permit, impose
on the applicant lesser standards or requirements than those
prescribed, unless permitted to do so by or under this Act.
Building Act 1993 78