26AApplications for building approval—certifier may require

26A Applications for building approval—certifier may require further information (a) the owner of a parcel of land (the applicant) has applied to a certifier for building approval for building work to be carried out on the land; and (b) further information is required for the certifier to be able to decide the application without personally inspecting the land where the building work is to be carried out; and

(2) The certifier may, by written notice, ask the applicant to give the certifier stated further information in relation to the application if the certifier believes on reasonable grounds that the information will help the certifier to decide the application without personally inspecting the land where the building work is to be carried out. Examples of what certifier may ask for 1 photos, including ground, aerial, or satellite photos of the land or anything on, over or near the land 2 approval, permission or tenure documents, including leases, licences, permits, statutory approvals or advices 3 topographical information, including ground surface height contours, for the land and surroundings (3) To remove any doubt, this section does not entitle a certifier to require— (a) photographs to be taken by someone other than the applicant; or (b) photographs to be taken using equipment other than equipment of the applicant’s choice; or (i) the certifier has, or has reasonable access to, suitable information that allows the certifier 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 certifier to personally obtain or be given the information. Examples of suitable information certifier has or has reasonable access to 1 The internet 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 certifier may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights. 2 A certifier 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 certifier 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 certifier does not have suitable information to allow the certifier 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 certifier in relation to ground heights to decide the application. The certifier may require further information in relation to ground heights. (4) For this section, a certifier that is a partnership inspects land