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Building Act 2004
48Completion of building work
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48 Completion of building work
(a) building work appears to the certifier to have been completed;
and
(i) the certifier is satisfied on reasonable grounds that the work
has been completed—
(A) in accordance with this Act; and
(B) in accordance with, or substantially in accordance
with, the approved plans; or
(ii) the certifier is satisfied on reasonable grounds that—
(A) the work has not been completed in accordance with
this Act; and
(B) the work has been completed in accordance with, or
substantially in accordance with, the approved plans
or plans that have been approved plans for the work,
but are no longer approved plans in the circumstances
(2) A regulation may prescribe when work is or is not substantially in
accordance with approved plans.
(3) Within 7 days after the day the certifier is satisfied, the certifier must
give to the construction occupations registrar the following:
(a) if advice mentioned in section 27 (1) (b) was sought—
(i) written evidence of the advice; or
(ii) if the advice was not given within the time prescribed by
regulation for giving it—a written statement by the certifier
to the effect that the certifier is satisfied the advice was not
given within the time;
Note See s 36A (Requirement to give advice in relation to proposed
building work).
(b) if consultation mentioned in section 27 (1) (b) was required—
(i) written evidence of the response to the consultation; or
(ii) if there has been no response to the consultation within the
time prescribed by regulation for giving a response—a
written statement by the certifier to the effect that the
certifier is satisfied no response was given within the time;
(c) if a consent or approval mentioned in section 27 (1) (b) was
required to be obtained—written evidence of the consent or
approval;
(d) if compliance with a condition of a consent or approval
prescribed by regulation was required—a written statement by
the certifier to the effect that the certifier is satisfied on
reasonable grounds that the condition has been complied with;
(e) a copy of any notice given to the certifier under section 43 (2);
(f) a copy of each certificate issued for the building work under
section 44 (2) (b) or (5), unless the certifier has already given
the construction occupations registrar the copy in accordance
with this Act;
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).
Note 2 A regulation may provide for the giving of copies of certificates at
other times (see s 44 (7)).
Completion of building work Division 3.6
(g) if the regulations require that, on completion of the building
work, the consent or approval of anyone is to be obtained—
written evidence of the obtaining of the consent or approval;
(h) either—
(i) a certificate by the certifier that the building work has been
completed in accordance with this Act and in accordance
with, or substantially in accordance with, the approved
plans; or
(ii) if subsection (1) (b) (ii) applies—a certificate prescribed
by regulation;
(i) if a certificate has been obtained under section 47 (Certifier may
request engineer’s certificate)—the certificate;
(j) if no certificate under section 47 (1) (a) has been obtained—a
written statement to the effect that—
(i) the certifier is satisfied that the building as erected or
altered is structurally sufficient, sound and stable for the
purposes for which it is to be occupied or used; and
(ii) no certificate under section 47 is required;
(k) if, in the certifier’s view, the requirements of section 69 (1), (2)
or (3) (Certificates of occupancy) have been satisfied—written
advice that the registrar would be justified in issuing a certificate
of occupancy for the building under section 69 (1), (2) or (3);
(l) if, in the certifier’s view, section 69 (2B) applies—written
advice to that effect;
(m) if, in the certifier’s view, building work involving the erection
of a structure on or attached to land or a building has been
completed in accordance with the prescribed requirements under
division 5.1 for the building work—written advice that the
registrar would be justified in issuing a certificate for the
building work under section 72;
(n) a copy of the following documents relating to the building work,
unless the certifier has already given the construction
occupations registrar the copy in accordance with this Act:
(i) any application to the certifier under this Act and any
accompanying document;
(ii) all plans or drawings showing the completed building
work;
(iii) any approval, certificate, determination, notification or
permission issued or given (a relevant document);
(iv) any certificate or other document given or prepared by
someone else that the certifier has relied on for the purpose
of issuing or giving a relevant document;
(v) the certifier’s working papers and calculations that are
relevant to the issuing or giving of a relevant document.
(4) The construction occupations registrar may, in writing, exempt a
certifier from complying, completely or partly, with anything
mentioned in subsection (3) (i) in relation to building work stated in
the exemption.
(5) A certifier is not required to give the construction occupations
registrar a copy of a document or paper mentioned in
subsection (3) (i) if—
(a) the certifier has already given to the registrar, under this Act, the
document or paper, or a copy of the document or paper; or
(b) the registrar has exempted the certifier under subsection (4)
from giving the copy.
(6) If the certifier is required to give the construction occupations
registrar written evidence of something under this section—
(a) the registrar may ask for further information relevant to the thing
in relation to anything not dealt with, or not adequately dealt
with, in the written evidence; and
(b) the certifier must give the registrar the further information not
later than 7 days after the day the registrar asked for it.
(7) This section applies in relation to a part of a building in the same way
as it applies to a building.