11All work must comply with Act and National Construction Code

### 11 All work must comply with Act and National Construction Code > > (1)  A person performing building work, plumbing work or demolition work must ensure that the work complies with – > > > > > > (a) this Act; and > > > > > > > (b) all of the applicable provisions of the National Construction Code, unless otherwise authorised under this Act. > > > > Penalty:  In the case of – > > > > > > (a) a natural person, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units. > > > (2)  The owner of a building where building work, plumbing work or demolition work is being performed must ensure that the work complies with – > > > > > > (a) this Act; and > > > > > > > (b) all of the applicable provisions of the National Construction Code, unless otherwise authorised under this Act. > > > > Penalty:  In the case of – > > > > > > (a) a natural person, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units. > > > (3)  A person named on a permit must ensure that all building work, plumbing work or demolition work done under the authority of that permit complies with – > > > > > > (a) this Act; and > > > > > > > (b) all of the applicable provisions of the National Construction Code, unless otherwise authorised under this Act. > > > > Penalty:  In the case of – > > > > > > (a) a natural person, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units. > > > (4)  A building surveyor, as far as is reasonably practicable, is to ensure that all building work and demolition work, in respect of which he or she is engaged as a building surveyor, is performed in accordance with this Act. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (5)  For the purposes of this section, a provision of the National Construction Code is not an applicable provision in respect of work if – > > > > > > (a) the certificate of likely compliance issued in respect of the work was issued before the provision of the National Construction Code was adopted by the State; or > > > > > > > (b) [*\[Section 11 Subsection (5) amended by No. 39 of 2018, s. 5, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS5@Hpa@EN) the building surveyor, or relevant permit authority, for the work certifies in writing that substantial progress had been made in the design of the work before the provision was adopted by the State; or > > > > > > > (c) [*\[Section 11 Subsection (5) amended by No. 39 of 2018, s. 5, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS5@Hpb@EN) if the provision of the National Construction Code applies a standard, or requirement, by reference to a document that is subsequently amended – the building surveyor, or relevant permit authority, for the work certifies that substantial progress had been made in the design of the work before the document so applied was amended. > > > (6)  Nothing in subsection (5) prevents a person from complying with a provision of the National Construction Code that is not an applicable provision by virtue of that subsection.