Building Act 2004
74Government buildings—application for fitness certificate
Start here
Get a plain-English read of 74
Turn the raw legal text into a practical explanation grounded in Building Act 2004.
74 Government buildings—application for fitness certificate (1) This section applies to a building if— (a) the building was erected on land that, when the building was erected, was held— (i) by the Commonwealth; or (ii) by the Territory; or (iii) by someone else under a lease from the Commonwealth; and
(b) a certificate of occupancy or regularisation has not been issued for the building. (2) Application for a certificate that the building is fit for occupation may be made by a person eligible to make the application under subsection (3) or (4). (3) If, when the application is made, the building is on land held under a lease from the Commonwealth, the application may be made by the lessee. (4) If, when the application is made, the building is not on land held under a lease from the Commonwealth, the application may be made by— (a) if the land is held by a person, including the Territory, under a tenancy from the Commonwealth, whether or not the occupier is the tenant or a subtenant—the Commonwealth or the tenant; or (b) if the land is held under a tenancy from the Territory, whether or not the occupier is the tenant or a subtenant—the tenant; or (c) for national land—the Commonwealth; or (d) for Territory land—the Territory. (5) The application must— (a) be in writing signed by or on behalf of the applicant; and (b) provide sufficient information to allow the building to be identified; and (c) be accompanied by a copy of the plans and specifications relating to— (i) the erection of the building and any alteration to it; or (ii) the building when the application is made; and (d) state the purpose for which the building or each part of the building is being used; and
(e) if it is intended that any part of the building be used for a purpose other than the purpose for which it is being used when the application is made—state the intended purpose.