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Building Act 2004
26Building approval applications
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26 Building approval applications
(1) The owner of a parcel of land may, in writing, apply to the certifier
for a building approval for building work to be carried out on the land.
Note At common law, an agent may make an application on the owner’s behalf.
(a) be accompanied by the number of copies of the plans relating to
the proposed work prescribed under the regulations; and
(b) nominate the kind of certificate of occupancy for which the
applicant proposes to apply; and
(c) be accompanied by a waste management plan if the building
work involves—
(i) the demolition of a building; or
(ii) the alteration of a building other than a class 1, class 2 or
class 10a building; and
(d) be accompanied by an asbestos removal control plan if a
building to which the building work relates—
(i) is a class 1, class 2, class 3 or class 4 building, or a class 10
building associated with a class 1, class 2, class 3 or class
4 building; and
(ii) was erected before, or the erection of which started before,
1985; and
(e) if there is an asbestos assessment report for premises to which
the building work relates—be accompanied by a copy of the
asbestos assessment report unless the applicant cannot obtain the
report after taking reasonable steps; and
(f) if there is development approval for development to which the
building work relates—be accompanied by a copy of the
development approval, unless the applicant cannot obtain a copy
of the approval after taking reasonable steps; and
(g) if there is an exemption assessment D notice for development to
which the building work relates—be accompanied by a copy of
the exemption assessment D notice; and
(h) if required under an energy efficiency provision—be
accompanied by an energy efficiency certificate; and
(i) if the development to which the building work relates is a
development proposal to which the Planning (Exempt
Development) Regulation 2023, schedule 1, section 1.18
applies—be accompanied by a written notice that the section has
been complied with within 2 years before the day the application
is made.
Example—written notice
a copy of any form prepared for the Planning (Exempt Development)
Regulation 2023, sch 1, s 1.18 and a statement about how and when it was
given
(3) The regulations may require the application to contain other details
or be accompanied by other material.
energy efficiency provision—see section 139C (4).