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Building Act 2004
69Certificates of occupancy
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69 Certificates of occupancy
(1) The construction occupations registrar must issue a certificate of
occupancy for building work that involves the erection or alteration
of a building if, on application by the owner of the parcel of land
where the building work was carried out, the registrar is satisfied
that—
(a) the building work has been completed in accordance with the
prescribed requirements for the building work; and
(b) the building as erected or as altered is fit for occupation and use
as a building of the class stated in the approved plans for that
Note 1 If the building work only involved erecting part of a building, see s (3).
Note 2 Power to make a decision includes power to reverse or change the
decision (see Legislation Act, s 180).
(2) If building work involving the erection or alteration of a building as
completed is not strictly in accordance with the prescribed
requirements for the building work but is substantially in accordance
with the requirements, the construction occupations registrar may, on
application made by the owner of the parcel of land where the
building work has been carried out, issue a certificate that the building
as erected or as altered is fit for occupation and use as a building of
the class stated in the approved plans for that building work.
(2A) The owner of a parcel of land where building work was carried out
may apply for a certificate under subsection (2B).
(2B) The construction occupations registrar may issue a certificate in
relation to a building that the building as erected or altered is fit for
occupation and use as a building of the class stated in the certificate
if—
(a) the registrar is not satisfied on reasonable grounds that building
work involving the erection or alteration of the building has been
completed in accordance, or substantially in accordance, with
the prescribed requirements for the building work; and
Note Prescribed requirements—see s 66.
(b) the applicant has completed any certification process prescribed
by regulation in relation to the building or building work; and
(c) the building, or building work, is not excluded by regulation
from this subsection.
(2C) A certificate mentioned in subsection (2B) in relation to a building
must include a statement to the effect that—
(a) the construction occupations registrar is not satisfied on
reasonable grounds that building work involving the erection or
alteration of the building has been completed in accordance, or
substantially in accordance, with the prescribed requirements for
Note Prescribed requirements—see s 66.
(b) the giving of the certificate does not affect the liability of anyone
to comply with the provisions of a territory law (including this
Act) in relation to the building; and
Note See s 68 (Effect of certificates under div 5.1).
(c) part 6 (Residential buildings—statutory warranties, standard
conditions, insurance and fidelity certificates) may not apply to
the building work.
(3) If part of a building has been erected in accordance with the
prescribed requirements so far as they relate to the part of the
building, the construction occupations registrar may, on an
application made by the owner of a parcel of land where the building
is being erected, issue a certificate that the part of the building is fit
for occupation and use as a part of a building of the class stated in the
approved plans in relation to the building work.
(a) matters that must be considered by the construction occupations
registrar in deciding whether a building is fit for occupation and
use; and
(b) requirements that must be satisfied before a certificate of
occupancy may be issued.
Note 1 Power to make a statutory instrument (including a regulation) includes
power to make different provision in relation to different matters or
different classes of matters, and to make an instrument that applies
differently by reference to stated exceptions or factors (see Legislation
Act, s 48).
Note 2 Unless prescribed by regulation, the construction occupations registrar is
not required to conduct a physical inspection of a building or a detailed
audit of the approved plans or other submitted documents in deciding
whether to issue a certificate of occupancy.