Building Act 2011

The Act is structured around a handful of recurring legal concepts that determine rights, duties and processes.

• Permit authority and jurisdiction. The default permit authority is the local government for the district where the works are or will be located; the State or designated special permit authorities act in place of the local government where the Minister decides or the regulations designate (ss 6-7, 124-126). Applications must be made to the permit authority for the building or incidental structure (s 7(1)). The State’s decision that it is (or is not) permit authority is final and not reviewable (s 124(4)).

• Building, demolition and occupancy permits. A building permit is required before building work can be carried out (s 9). A demolition permit is required before demolition work (s 10). Certain statutory exceptions and regulation‑based exemptions exist (Part 5, ss 66-74). Completion of works and occupation are governed by occupancy permits and building approval certificates (Part 4, ss 40-65). The Act prescribes form, content and display obligations for permits (s 25, s 30, s 61).

• Certification chain. Certified applications must be accompanied by a certificate of design compliance signed by a building surveyor (ss 14-16, 19). Uncertified applications are referred to a building surveyor by the permit authority (s 17). Technical certificates from prescribed specialists must accompany applications as required (s 16(g), (i); s 20(f)). Certificates have approved forms and prescribed content (s 19, s 56, s 57), but the Act limits permit authorities’ duty to independently verify the substance of certificates (s 144).

• Applicable building standards. Buildings and demolition work must comply with applicable building standards prescribed by regulation (Part 3, ss 37-38). The Building Commissioner may, on application, declare that a specified building standard does not apply or may modify a standard (s 39), subject to public interest and risk tests (s 39(4)).

• Work affecting other land. The Act governs actions that encroach on or adversely affect neighbouring land (Part 6, ss 75-91). The responsible person must obtain consent from affected owners, or else follow the prescribed notice and court order route (ss 76-86). Penalties for failing to obtain consent are specified (for example, s 76 penalty $25,000).

• Enforcement architecture. Permit authorities designate authorised persons (ss 95-99) who have powers of entry, inspection, seizure and directions (ss 100-104). Entry warrants are available from JPs (ss 106-109). Permit authorities can issue building orders requiring cessation, remediation, evacuation or demolition (ss 110-112), and if the order is not complied with, the authority may act and recover costs (s 118).

• Review and registers. Decisions about permits, standards, occupancy permits and building orders carry a right of review to the State Administrative Tribunal (Part 9, ss 119-122). Permit authorities must keep public registers and building records (Part 11, ss 128-131) and provide information to the Building Commissioner (s 132).

These core concepts repeat across the Act and interact: certification feeds permitting; permits feed occupancy; the enforcement tools apply where compliance fails; and procedural protections (time limits, notices, rights of review) channel disputes to the SAT. The Act embeds compliance burdens primarily on applicants, named builders and demolition contractors, owners and occupiers; it allocates investigatory and enforcement capacity to permit authorities and their authorised officers.

The Act creates duties and rights for a set of clearly described participants. These include:

• Applicants and owners. An application for a building or demolition permit must name and be signed by each owner of the land and the person proposing to be named as builder or demolition contractor (s 16(b), (c)). Owners have ongoing duties: owners of completed or incomplete buildings must not occupy without an occupancy permit (s 41); owners must ensure occupancy permits are complied with (s 44); owners must ensure compliance with applicable building standards where building work was done without a permit (s 37(2)). Owners are also liable for cooperating with notices and consent obligations affecting other land (Part 6, ss 76-86).

• Builders and demolition contractors. The person named as builder on a building permit must ensure the work is completed in accordance with the plans and the certificate of design compliance and comply with permit conditions (s 29). The person named as demolition contractor must ensure demolition complies with the permit (s 29(2)). Both classes face substantial penalties for non‑compliance (s 29).

• Building surveyors and specialists. Building surveyors sign certificates of design compliance (s 19), construction compliance (s 56) and building compliance (s 57). A building surveyor who signs must be entitled under the Registration Act and be independent in relation to the application (s 20(1)(d); s 58(1)(b)). Specialists sign technical certificates that building surveyors may rely upon (s 16(g), s 19(3)). Section 144 explicitly limits duties of building surveyors and permit authorities to check technical certificates.

• Permit authorities and authorised persons. Permit authorities decide on applications (s 20, s 21), keep registers (s 128) and designate authorised persons (s 96). Authorised persons have statutory powers to enter, inspect, seize and direct (ss 100-104). Permit authorities make building orders and may act to enforce them and recover costs (ss 110-118).

• Occupiers. Occupiers are subject to use and classification constraints under occupancy permits and may be penalised if they use a building contrary to an occupancy permit unless the permit’s provisions had not been brought to their attention (s 43(2)). Owners must bring the permit provisions to occupiers’ attention and display permit information (s 42).

• Neighbouring owners. Part 6 imposes duties on the “person responsible” for works to obtain consent or follow notice and court order procedures before encroaching or adversely affecting other land (ss 76-86). Owners of affected land have rights to refuse consent, seek court orders, and remove unauthorised encroachments (s 82).

• Local governments and the State. Local governments are the default permit authorities (s 6(3)), with the State and special permit authorities able to act in place of a local government (ss 6(1)-(2), 124-126). Local governments retain functions such as prosecution powers (s 133) and must maintain registers (s 128).

• The Building Commissioner and the SAT. The Building Commissioner has a role in modifying building standards (s 39), keeping a register of declarations (s 39(10)) and receiving information from permit authorities (s 132). The State Administrative Tribunal provides review and may disapply or modify subsidiary legislation in specific cases (Part 9, ss 119-123).

In short, burdened parties are applicants, builders/demolition contractors, owners and occupiers who face procedural steps, certification requirements, notices and potential penalties. Decision‑makers are permit authorities, the Building Commissioner and the SAT. Neighbouring owners gain procedural protections (notice, consent, court‑order pathways) and remedial rights (removal of unauthorised encroachments, cost recovery). The Act distributes regulatory control across industry participants, local governments and central bodies.

The Act prescribes a detailed set of duties and limited rights for participants. Significant duties include:

• Duty to obtain permits. No person may carry out building work without a building permit unless an exception applies (s 9). Similarly, demolition work requires a demolition permit unless an exception applies (s 10). These duties are supported by explicit criminal penalties for first, second, and subsequent offences (ss 9-10).

• Application form and documentary duties. Applications must be in approved forms and contain specified components: signed by each owner and the proposed builder/demolition contractor, prescribed information, technical certificates, applicable insurance evidence, payment of levies and fees, and plans and specifications as required by a certificate of design compliance (s 16). The permit authority may require further information within 21 days; non‑compliance allows refusal to consider the application (s 18).

• Certification and independence duties. Certified applications require a certificate of design compliance signed by a building surveyor in a prescribed form with a statement of compliance against applicable building standards (s 19). For permit authorities to grant a permit the building surveyor must be entitled under the Registration Act and must be independent of the application parties (s 20(1)(d)). Similar entitlement and independence rules apply to certificates of construction compliance and building compliance for occupancy applications (s 58(1)(b)).

• Insurance, levies and other pre‑conditions. A permit authority must be satisfied that appropriate insurance under the Home Building Contracts Act 1991 or corresponding cover is in force or not required, and that building services levies and other levies and prescribed authorities and notifications have been dealt with before granting a permit (s 20(1)(i)-(s), s 21(1)(f)-(o)).

• Performance and completion duties. The person named as the builder must ensure construction complies with plans and permit conditions (s 29(1)). The responsible person must give a notice of completion within seven days of completing work or the stage (s 33), accompanied by inspection/test certificates. Failure to give notice attracts fines.

• Duties concerning other land. The person responsible for work must ensure no encroachment or adverse effect occurs on other land without consent, a court order, or other authority (ss 76-79). Notices to affected owners are mandatory when a notifiable event is reasonably likely to occur (ss 83-85); failure to notify attracts penalties.

• Entry, information and compliance duties. Persons must not hinder authorised persons (ss 100-105). Directions must be obeyed (s 104) and relevant records produced on demand (s 102). The Act restricts claims of self‑incrimination in relation to compliance directions but preserves privilege and protects against use of compelled answers in criminal proceedings except for perjury and offences under the Act (s 135).

Key rights include:

• Rights of review. Applicants and persons served with building orders have rights to apply to the State Administrative Tribunal for review of permit decisions, conditions or building orders (Part 9, ss 119-122). A review of a building order (other than an emergency order) stays the order while the review is determined (s 122(2)).

• Procedural protections. Applicants benefit from statutory decision timeframes for permit decisions; failure by the permit authority to decide within the prescribed period is taken as a refusal, with refund obligations for fees (s 23(1)-(4), s 59). Permit authorities must record and provide written reasons for refusals and inform applicants of review rights (s 24, s 60).

• Enforcement and recovery rights. Permit authorities can enforce building orders by taking action and recovering costs from the person served (s 118(2)-(3)). Owners of land into which unauthorised encroachments or protection structures have been placed may remove them without a permit, provided damage is made good (s 82).

• Limited right to exclude verification of certificates. The Act limits permit authorities’ duties to independently check the accuracy of certificates and specialists’ certificates (s 144), an allocation of verification responsibilities to certifiers.

Taken together, the duties attach heavy upfront documentary, certification and insurance obligations to applicants and named contractors; they attach operational duties during and after work to builders and owners; and they vest permit authorities and authorised officers with investigatory and enforcement powers. Rights of review and procedural safeguards exist but operate within the statute’s timeframes and documentation focus.

The Act sets a tiered penalty regime for core offences, and describes enforcement mechanisms and cost recovery processes.

• Offences and fines. The Act prescribes substantial fines for carrying out building work or demolition work without the required permit (ss 9-10). For first offences the fine is $50,000; for second offences $75,000; and for third or subsequent offences $100,000 and 12 months’ imprisonment. Parallel penalty structures apply to duties on builders and demolition contractors to comply with permits (s 29), to compliance with building standards (ss 37-38), and to owner and occupier offences under occupancy provisions (ss 41-44). Lower penalties apply for display obligations and some notice requirements (for example s 30, display of permit details, fine $10,000; s 33 notice of completion, fine $10,000).

• Enforcement actors and powers. Prosecutions may be commenced by a permit authority or a local government or their authorised persons (s 133). Authorised persons designated by permit authorities have statutory powers of entry at reasonable times for compliance purposes (s 100), and may inspect, search, photograph, seize things that may afford evidence, take samples, make copies of records, and direct persons to provide information or assistance (s 101-102). Entry to residential parts requires consent, an entry warrant or emergency circumstances (s 100(2)).

• Warrants and assistance. Authorised persons may apply to a JP for an entry warrant; the Criminal Investigation Act 2006 procedures apply to such applications (ss 106-109). Authorised persons may use reasonable force in exercising powers but not against persons (s 103).

• Building orders and execution. Permit authorities may make building orders requiring specified remedial or preventative actions, evacuation, demolition, or cessation of work (ss 110-112). A building order must contain the right of review (s 112(3)(b)). Non‑compliance attracts criminal penalties (s 115) and the permit authority may cause actions to be taken under the order and recover reasonable costs as a debt (s 118(2)-(3)). The Act provides that evidence of costs certified by an authorised certifier is proof of those costs absent contrary evidence (s 118(4)).

• Administrative sanctions and cost recovery. Besides criminal fines and imprisonment for repeat offences, the Act builds administrative enforcement: permit authorities can add or vary permit conditions before completion (s 27), suspend permits when responsible persons cease to be registered or approved (s 35), and revoke building orders (s 117). The permit authority may also act to effect compliance and recover costs (s 118(3)).

• Time limits for prosecution. Certain offences (including failure to have permits or to comply with the Part 6 duties) may be prosecuted within six years (s 133(3)), while other offences have a three‑year limitation (s 133(4)).

• Protections and limits. The Act includes protections for those acting in good faith under the Act (s 143 and s 145), confidentiality obligations (s 146) with a substantial fine for breaches ($25,000), and criminal prohibitions against providing false or misleading information (s 147, penalty $25,000). The Act also limits permit authorities’ duty to verify certificates (s 144), which has enforcement implications because the statute relies on certificates for the grant of permits.

Overall, enforcement mixes criminal penalties, administrative orders, entry and search powers, and civil recovery rights. The statute directs enforcement activity to permit authorities, local governments and their authorised officers, and it balances statutory powers with procedural safeguards such as notice, review rights to the SAT (Part 9), and requirements for building orders to specify review rights (s 112(3)(b)).

The Act expressly cross‑references and operates alongside a number of other written laws and regulatory instruments; these interactions allocate responsibilities and impose pre‑conditions.

• Registration and licensing laws. The Act refers to the Building Services (Registration) Act 2011 (Registration Act) for entitlement of building service contractors and building surveyors to be named on permits and to sign certificates (ss 3 definition, 20(1)(b), (d), (e); 58(1)(c)). It relies on the Registration Act to define who may issue or sign certificates and to set competency and registration requirements for surveyors.

• Home Building Contracts Act 1991. Before a permit may be granted the permit authority must be satisfied that applicable provisions of the Home Building Contracts Act 1991 requiring insurance or corresponding cover have been satisfied (s 16(j), s 20(1)(i)). The Act therefore imports the insurance regime of that Act as a conditional pre‑requisite to permits, shifting risk via statutory pre‑conditions.

• Building Services (Complaint Resolution and Administration) Act 2011. The Act requires applicants to provide evidence that building services levies under the regulations mentioned in that Act have been paid (s 16(k), s 20(1)(k), s 21(1)(g), s 58(1)(h)). This links the financing of regulatory oversight and complaint resolution to permit transactions.

• Heritage Act 2018. The permit authority must comply with the Heritage Act provisions in relation to applications and ensure that granting a permit would not be inconsistent with a heritage order, agreement or permit, except to the extent allowed by that Act (s 20(1)(m), s 21(1)(i)). This places heritage considerations as constraints within the permit decision.

• Local Government Act 1995. The Act presumes local governments as default permit authorities (s 6(3)), and interacts with local government powers of delegation (s 127). It also cross‑references local government register and enforcement roles under the Local Government Act where applicable.

• Land Administration and other resource Acts. For works encroaching onto Crown land, the Act recognises the Land Administration Act 1997 authority and specifies which Crown actors constitute owners for consent purposes (s 76(2) and definitions). Works related to mining, petroleum, pipelines or industrial processing have exclusions or special treatment under Part 5 Division 2 (ss 70-74), referencing Mines Safety and relevant petroleum legislation as contexts where permits may not be required.

• Evidence and procedural Acts. The Criminal Investigation Act 2006 procedures apply to entry warrant applications under s 106 (s 106(3)). The Act states that the Evidence Act 1906 is not excluded by its provisions (s 137), but it also creates presumptions and admissibility rules for certified documents and copies (s 140, s 141).

• Former provisions and transition. The Act contains an extensive set of transitional provisions dealing with vesting and validation of former building licences, demolition licences, classifications and orders under the former Local Government (Miscellaneous Provisions) Act 1960 and the Building Regulations 1989 (Part 16, ss 176-203). It validates many prior actions and maps previous authorisations to permits or occupancy permits (e.g. ss 178-183, 182A).

• Regulations and adopted published documents. The Act delegates technical detail to regulations (s 149) and allows regulations to adopt the text of published documents, codes and standards (s 150). This mechanism integrates building code texts and standards by reference, subject to public availability requirements (s 150(4)-(5)).

Collectively, the Act sits in an ecosystem of registration, insurance, heritage, land administration and local government legislation. It depends on those laws to define who may certify, what insurance is required, what levies must be paid, and how heritage and Crown land interact with building activity. Permit authorities must ensure consistency with these other statutory obligations when considering applications (s 20(1)(m), (n), (o), (p), (q)), making the Act an integrative hub rather than a standalone code.

The source includes a compilation table and explicit transitional provisions. The Act as compiled incorporates a set of later amending Acts and notes uncommenced provisions. Key amendments and timelines recorded in the compilation table and within the text include:

• Building Amendment Act 2012 (No. 37 of 2012). Significant procedural and substantive amendments from this Act are integrated (see numerous amendment notes throughout Part 2, Part 4 and transitional Division 2, ss 204-209). The compilation table records its assent on 5 November 2012 and staged commencement (s 2 in the amending Act with certain parts commencing on 19 December 2012).

• Local Government Legislation Amendment Act 2016 (Pt 3 Div 2). Amended provisions affecting local government functions and delegations; the compilation table records assent in 2016 and commencement in January 2017.

• Heritage Act 2018 (s 183). The Building Act was amended to require permit authorities to ensure applications comply with the Heritage Act and to consider consistency with heritage orders (s 20(1)(m); s 21(1)(i)). The compilation table notes commencement of that provision on 1 July 2019.

• Strata Titles Amendment Act 2018 and Community Titles Act 2018. These Acts amended definitions and references (e.g. land, strata/ community title definitions) with commencement dates noted in the compilation table (2020 and 2021 respectively), reflected in s 3 amendments.

• Statutes (Repeals and Minor Amendments) Act 2025 (s 13). The compilation table lists this 2025 amendment with commencement 26 September 2025, and the text indicates a 2025 amendment to s 19 (see s 19 amended: No. 14 of 2025 s. 13(2)).

The Act also includes extensive transitional provisions (Part 16, Div 1 and Div 2) that map licences, certificates, notices and reviews under the former Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 to the new permit, occupancy and building order architecture (ss 176-203). The compilation table also notes uncommenced provisions from other Acts that may affect the Building Act when proclaimed (e.g. Petroleum Legislation Amendment Act 2024 Pt 5 Div 2; Evidence Act 2025 s 492(1)).

The text includes numerous amendment notes appended to specific sections indicating where particular subsections were inserted, amended or renumbered (e.g. s 19 amended: No. 37 of 2012 s. 6 and 34; No. 14 of 2025 s. 13(2)). The transitional Division 2 (ss 204-209) deals specifically with transitional matters arising from the 2012 amending Act and validates certain historical acts by public authorities (s 208).

Readers should treat the compilation table and the transitional provisions as authoritative for the legislative history contained in this source. The Act records a history of staged commencements and validation of prior authorisations to avoid gaps in regulatory coverage during the reform period.

The provided text contains no case law, reported decisions or litigation summaries. The Act nevertheless establishes statutory pathways for administrative and judicial review and evidentiary presumptions that will shape litigation.

• Review routes and tribunals. The Act provides explicit rights of review to the State Administrative Tribunal for decisions to refuse or condition permits, for decisions about building standards declarations (s 120), for occupancy permits and building approval certificates (s 121), and for building orders (s 122). The Act also permits the SAT to disapply or modify subordinate legislation in particular cases related to Tribunal orders (s 123). These provisions create the primary administrative review jurisdiction likely to feature in disputes.

• Court enforcement and civil remedies. Prosecutions for offences under the Act are to be heard in a court of summary jurisdiction (magistrates’ court) (s 133(5)). The Act preserves civil remedies and does not bar civil proceedings by virtue of prosecutions (s 134). Permit authorities may recover costs incurred in giving effect to building orders through civil proceedings as a debt (s 118(3)).

• Evidentiary rules useful in litigation. The Act contains evidentiary presumptions and certification mechanisms: certified copies of permits, orders and declarations are admissible and taken to be true (s 140), and copies of records obtained by authorised persons are admissible if certified by the authorised person (s 140(4)). The Act also sets out that allegations in prosecution notices about the existence, status and effect of permits, names of builders and permit authorities are taken to be proved in the absence of contrary evidence (s 138). These provisions materially affect how evidence is marshalled in prosecutions and administrative enforcement.

• Time limits affecting potential litigation. The Act prescribes limitation periods for commencing prosecutions: six years for a list of specified offences including permit and Part 6 offences, and three years for other offences (s 133(3)-(4)). These prescribe outer boundaries for criminal enforcement actions.

Given that the source contains no reported cases, this section records the Act’s procedural and evidentiary architecture that will determine the course and character of litigation and review. Parties contemplating litigation must consider the SAT pathways, the Act’s admissibility and presumption rules, and the specified limitation periods when determining strategy.

The Act contains several provisions that can be pitfalls if not closely followed.

• Certificate reliance and limited checking by permit authorities. The Act requires certificates of design, construction and building compliance (ss 19, 56, 57) and permits are contingent on those certificates (s 20(1)(c), s 58(1)(a)). However, s 144 expressly states the Act does not create a duty for permit authorities to check the accuracy of facts or opinions asserted in certificates or technical certificates, nor for building surveyors to check the substance of specialists’ certificates. Practically, this allocates substantive verification risk to certifiers while relying on permit authorities to confine themselves to prescribed compliance checks. That allocation is a potential source of regulatory and commercial risk for owners and developers reliant on the accrediting signatory.

• Independence and entitlement requirements. For a permit to be granted the building surveyor who signs a certificate must be entitled under the Registration Act and be an independent building surveyor in relation to the application (s 20(1)(d)). If these conditions are not met the permit authority must not grant the permit (s 20(2)). Applicants must ensure the surveyor meets these independence and entitlement tests to avoid refusals.

• Strict procedural timeframes and deemed refusal. The Act imposes statutory decision timeframes for permit authorities; failure to decide within the prescribed period is taken as a refusal (s 23(3)), and the applicant is entitled to a fee refund and recovery (s 23(4)). Deemed refusals can have commercial consequences and create reviewable decisions; however, despite the deemed refusal, the permit authority may decide later and the decision will be valid (s 23(6)). Applicants must manage time limits and the consequences of deemed refusal.

• Wide enforcement powers and entry. Authorised persons have broad powers of entry, inspection, seizure and direction (ss 100-102), and may obtain compelled information with limited self‑incrimination protection (s 135). Entry to residential parts requires consent or a warrant (s 100(2)), but the Act permits entry under warrants or emergency provisions. Practitioners should safeguard clients’ records and ensure compliance with directions to avoid obstruction offences (s 105).

• Work affecting other land has layered consent and notice rules. Part 6 creates multiple routes: consent from affected owners, court orders under s 86, or prescribed exceptions. Not giving required notices before work (s 84) carries a penalty ($10,000). Court orders may permit access, encroachment or protective works, but do not obviate the need for building permits (s 87(1)). Additionally, failure to comply with Part 6 procedural rules may expose the responsible person to both criminal penalties and civil liability for damage (ss 76-82, 90-91).

• Suspension and responsibility. Permits are suspended when the responsible person ceases to be approved or registered (s 35), and the Act provides a defence where the accused proves lack of knowledge of suspension (s 11). Responsible persons must manage registration and be ready to apply for approvals or to relinquish responsibility in approved form (s 34). Work done during suspension may leave owners exposed.

• Building orders and emergency powers. Permit authorities may issue building orders after notice and a 14‑day submissions period unless there is imminent and high risk (s 111). Emergency building orders have different procedural treatment but are enforceable; non‑compliance attracts the same scale of penalties (s 115). A review of a non‑emergency building order stays the order, but an emergency order is not stayed by review (s 122(2)).

• Interaction with other statutes and regulations. Applicants must satisfy insurance and levy rules under other Acts (s 20(1)(i), s 16(k)), comply with the Heritage Act where relevant (s 20(1)(m)), and be aware that many technical details are left to regulations which can adopt external standards by reference (s 150). Reliance on external codes means that updates to those codes (if adopted by regulation) may change compliance obligations without amendment to the principal Act.

• Civil and criminal exposure coexist. The Act preserves civil remedies and allows cost recovery by permit authorities (s 118(3)), and prosecutions are limited to permit authorities or local governments (s 133(1)). The co‑existence of civil liability, administrative enforcement and criminal sanctions imposes layered legal risk.

Practitioners should note these operational features embedded in the Act and plan project execution, certification and information disclosure accordingly to avoid administrative refusal, enforcement action, or downstream civil exposure.

Compliance under the Act is predominantly documentary, procedural and actor‑based. A practical compliance checklist grounded in the Act follows:

1. Identify the permit authority. Determine whether the State, a special permit authority or the local government is the permit authority for the project (ss 6-7, 124-126). Applications must be made to that permit authority (s 7(1)).

2. Confirm whether a permit is required. Check statutory exemptions in Part 5 (ss 66-74). If the work is temporary, low risk, part of infrastructure, mining, petroleum or industrial processing, or otherwise prescribed, a permit may not be required (ss 69-74, s 66).

3. Prepare the application package per s 16. Whether certified or uncertified (s 14), assemble:

   • Approved form application signed by each owner and the proposed builder/demolition contractor (s 16(a)-(c));
   • Prescribed information and plans/specifications (s 16(d), (f), (h));
   • For certified applications, a certificate of design compliance signed by a building surveyor complying with s 19 (s 16(e));
   • Copies of technical certificates relied upon, and any prescribed technical certificates (s 16(g), (i));
   • Evidence of required insurances under the Home Building Contracts Act or corresponding cover (s 16(j), s 20(1)(i));
   • Evidence of payment of building services levies and any other levies (s 16(k), s 20(1)(k)-(l));
   • Prescribed fee (s 16(l)) and any other prescribed accompanying material (s 16(m)).

4. Ensure certifier entitlement and independence. Use building surveyors and specialists who are entitled under the Registration Act and who satisfy independence requirements, because permit authorities must be satisfied on these points before granting permits (s 20(1)(d), s 58(1)(b)). Keep records demonstrating independence.

5. Respond to information requests promptly. If the permit authority issues a further information request, respond within the specified time (not more than 21 days) to avoid refusal to consider the application (s 18). Make use of the regulated number and timing of such requests (s 18(4)).

6. Meet pre‑conditions. Before a permit will be granted ensure compliance with:

   • Heritage Act requirements where applicable (s 20(1)(m), s 21(1)(i));
   • Any other prescribed authorities under written laws (s 20(1)(n)-(p));
   • Any prescribed notifications (s 20(1)(r)).

7. During construction: follow the certificate and inspection regime. Conduct prescribed inspections and tests listed in regulations and as specified in the certificate of design compliance (s 19(4), s 25(3)(h)). Obtain inspection certificates and retain records as prescribed (s 36).

8. Notify completion within seven days and keep records. File a notice of completion in approved form with required inspection/test certificates (s 33). Maintain building records for the prescribed period and make them available for inspection (ss 130-131).

9. If works affect other land: give notice and obtain consents or court orders. Follow Part 6 notice and consent rules (ss 83-86). If an owner refuses consent, use the Magistrates Court procedure in s 86 and do not proceed without order or consent.

10. Manage occupancy and use. Before occupying a completed building, secure an occupancy permit unless an exemption applies (s 41). Ensure occupancy information is displayed and brought to occupiers’ attention in accordance with regulations (s 42). If changing use, apply for replacement or modification occupancy permits as required (ss 48-49).

11. Keep registers and provide information. Permit authorities must keep a public register (s 128) and provide records to the Building Commissioner on request (s 132). Applicants and permit authorities should maintain accessible and compliant records of permits, certificates and orders.

12. Prepare for enforcement and review. Keep evidence of compliance with certificates, inspections and notices in case of an authorised person’s entry or direction (ss 100-102). Be prepared to apply for review to the State Administrative Tribunal where appropriate and observe statutory timeframes for review (Part 9, ss 119-122).

13. Manage personnel and registrations. Ensure the responsible person named on the permit remains registered and authorised under the Registration Act for the work to avoid suspension of the permit (s 35). If the responsible person ceases, follow the notice of cessation procedure (s 34) and secure approval of a new responsible person.

14. Avoid false or misleading information. The statute criminalises materially false or reckless statements in applications and compliance interactions (s 147). Verify information and retain supporting documentation.

This sequence aligns with the statutory checkpoints identified in ss 16, 19, 20, 33, 36, 56-58 and Part 6. Compliance is documentary, procedural and relational (managing certifiers, owners, permit authorities and neighbours). Given the Act limits permit authorities’ duty to verify technical certificates (s 144), particular care falls on applicants to ensure certifiers are competent and independent and that documentation is complete, because deficiencies can lead to refusals, enforcement action or later remediation obligations.