ACTIn ForceAct
Building Act 2004
14CExemption assessment applications—request for further
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14C Exemption assessment applications—request for further
(a) a building surveyor requires further information for an
exemption assessment under section 14B; and
(b) the owner of the parcel of land and the building surveyor have
not agreed that the building surveyor will obtain the further
information; and
(c) the building surveyor believes on reasonable grounds that the
further information will help the building surveyor to prepare
the assessment.
(2) The building surveyor may, by written notice, ask the owner to give
the building surveyor stated further information in relation to the
application.
(3) This section does not entitle a building surveyor to require—
(a) photographs to be taken by someone other than the owner of the
parcel of land; or
(b) photographs to be taken using equipment other than equipment
of the owner’s choice; or
(i) the building surveyor has, or has reasonable access to,
suitable information that allows the building surveyor to
decide the application without personally inspecting the
land where the building work is to be carried out; or
(ii) a territory law requires the building surveyor to personally
obtain or be given the information.
Examples—suitable information building surveyor has or has reasonable
access to
1 The website www.actmapi.act.gov.au provides aerial photographs and
topographical information including ground contours for some ACT areas. If
the land to which an application relates is covered by the website, the
photographs and contours have sufficient information, and are accurate and
recent enough, to decide the application in relation to tree and ground-height
related matters, the building surveyor may not require further information or
documents by way of photographs or topographical information in relation to
trees and ground heights.
2 A building surveyor may verify land tenure and permit and statutory approval
matters by contacting the statutory custodians of the information to a sufficient
degree to decide the application in relation to those matters. The building
surveyor may not require further information in relation to those matters.
3 The land to which an application relates is covered by
www.actmapi.act.gov.au but, because the slope of the land to be built on is
steeper than would be adequately shown on the website, the building surveyor
does not have suitable information to allow the building surveyor to decide the
application without personally inspecting the land. Another website has some
topographical information on the land, but it is not of sufficient resolution, or
recent enough, to be relied on by the building surveyor in relation to ground
heights to decide the application. The building surveyor may require further
information in relation to ground heights.
(4) For this section, a building surveyor that is a partnership inspects land