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Building Act 1993
69Builder's declaration to accompany application
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69 Builder's declaration to accompany application
(1) A building certifier must not grant an occupancy permit unless the
application for the permit is accompanied by a declaration, in an
approved form (a builder's declaration), stating that the building
work to which it relates has been carried out in accordance with the
building permit granted for the building work.
(2) The builder's declaration must be made by the natural person who
carried out the building work or was in charge of carrying out the
(3) However, subsection (2) does not apply if the builder's declaration
is made for a corporation under a provision of this Act or a
regulation specifying procedures for another natural person to make
the declaration.
(4) A person must not make a false statement in a builder's declaration.
(5) A person who makes a builder's declaration for a corporation as
mentioned in subsection (3) must not be prosecuted for an offence
against subsection (4) if the person made the declaration in good
faith on the basis of information given to the person by the
corporation.
Building Act 1993 83
(6) Subsection (5) does not prevent the corporation, or a director of the
corporation, from being prosecuted for an offence against
subsection (4).
(7) Subsection (1) does not apply if an exemption certificate has been
granted in relation to the builder's declaration.