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Building Act 2004
28Issue of building approvals
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28 Issue of building approvals
(a) an application for a building approval is made to the certifier
under section 26; and
(b) the certifier may consider the application; and
(c) section 30 (When building approvals not to be issued—general)
and section 30A (When building approvals not to be issued—
advice on referral) do not prevent the issue of the approval; and
(d) if there is a written agreement between the certifier and applicant
for the payment of an amount for deciding the application and
the agreement states that the amount is to be paid before the
application is decided—the amount has been paid.
(1A) As soon as practicable after receiving the application for building
approval, the certifier must issue a site work notice—
(a) if an exemption assessment D notice stating that the site work is
exempt development has not been issued for the site work; and
(b) if the territory planning authority has not made an exemption
declaration under the Planning (Exempt Development)
Regulation 2023, schedule 1, section 1.131 (1) (d); and
(c) if a development approval has not been issued in relation to the
site work; and
(d) if satisfied on reasonable grounds that—
(i) the plans show all the information necessary to establish
that the site work to which the building work relates is
exempt development under the Planning Act 2023, section
145; and
(ii) the site work is exempt development.
(2) As soon as practicable after receiving the application for building
approval, the certifier must—
(a) take all reasonable steps to get the information the certifier
reasonably needs to decide the application; and
Note This may include deciding whether the building work is exempt
from requiring development approval under the Planning Act 2023
(see s 29 (1) (g)).
(b) if satisfied on reasonable grounds that the plans meet each
applicable approval requirement under section 29 and is not
prevented from being issued under section 30 or section 30A—
(i) prepare a notice (the building approval certificate)
certifying what approval requirements apply to the
application and why the building approval is not prevented
from being issued; and
(ii) issue the building approval and give the building approval
certificate to the applicant.
(3) To remove any doubt, a certifier is not required to decide an
application for building approval if the applicant has asked the
certifier to delay making the decision, whether to allow the applicant
to negotiate with an entity to which the application has been referred
or for any other reason.