ACTIn ForceAct
Building Act 2004
26AApplications for building approval—certifier may require
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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