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Building Act 2004
37Building commencement notice issue
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37 Building commencement notice issue
(b) under the Construction Occupations (Licensing) Act 2004, any
of the work must be done by a licensed builder; and
(c) a licensed builder has been engaged to do the work.
(2) The licensed builder may apply, in writing signed by the owner of the
parcel of land where the building work is to be done, to a certifier for
a commencement notice for the work or part of it.
Note The ordinary rules of agency apply in relation to an application under this
(3) If, under section 37B, a sign must be displayed on the parcel of land
before the application is made, the licensed builder must state in the
application that the builder—
(a) erected the sign, and displayed the sign for the required period;
or
(b) is reasonably satisfied that the sign was erected by a licensed
builder and displayed for the required period.
Note Knowingly or recklessly giving someone information in relation to a
construction service that is false or misleading is a ground for
occupational discipline (see Construction Occupations (Licensing)
Act 2004, s 55 (1) (b)).
(4) If the application is for insurable residential building work, the
application must be accompanied by—
(a) a residential building insurance policy for the work; or
(b) a certificate issued by an approved insurer stating that the insurer
has insured the work under a residential building insurance
policy; or
(c) a fidelity certificate for the work issued by the trustees of a
scheme approved under division 6.4 (Approved fidelity fund
schemes).
(5) On receiving the application, the certifier must issue a building
commencement notice for the building work if satisfied on reasonable
grounds that the builder’s licence authorises the work in the building
Note ‘Under’ includes ‘in accordance with’ (see Legislation Act, dict, pt 1, def
under), so an application must comply with this section before it can be
approved.
(6) If a certifier issues a building commencement notice, the certifier
must give a copy of it to the construction occupations registrar within
1 week after the day of its issue.
(7) In this section:
approved insurer means an authorised insurer who—
(a) has had a form of residential building insurance policy approved
by the construction occupations registrar; and
(b) has not given to the registrar a notice under section 95 (Duties
of insurers).
insurable residential building work—see section 84.