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Building Act 2004
77Use of buildings restricted
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77 Use of buildings restricted
(a) the person occupies or uses, or allows someone else to occupy
or use, a building or part of a building—
(i) for a building in relation to the erection or alteration of
which plans have been approved under this Act—as a
building or part of a building of a class other than the class
stated in the plans approved in relation to the most recent
building work that has been carried out in relation to the
building; or
(ii) for a building in relation to the erection or alteration of
which plans have been approved only under the repealed
laws—for a purpose other than that stated in the plans and
specifications approved in relation to the most recent
building work that has been carried out in relation to the
building; and
(b) the construction occupations registrar has not given written
approval for the occupation and use.
(2) An offence against subsection (1) is a strict liability offence.
(3) The construction occupations registrar must, on written application,
give written approval for the occupation and use of a building or part
of a building as a building or a part of a building of a class stated in
the application if the construction occupations registrar is satisfied
that a reasonable certifier would, under this Act, approve the plans for
the erection of the building or part if—
(a) the building or part had not been erected and the certifier were
then and there considering the plans; and
(b) the plans required the building or part to be of the same class as
that stated in the application.
(4) If a parcel of land is held under a lease from the Commonwealth, an
approval given by the construction occupations registrar under
subsection (3) in relation to the parcel of land does not authorise—
(a) the use of the parcel for a purpose other than the purpose for
which the lease was granted; or
(b) the use of the parcel of land contrary to a provision, covenant or
condition of the lease.
building does not include a building for which a certificate of
regularisation has been issued.