TASIn ForceAct
Building Act 2016
132Determining application for certificate of likely compliance (permit building work)
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### 132 Determining application for certificate of likely compliance (permit building work)
> > (1) Before determining an application for a certificate of likely compliance (permit building work), the building surveyor is to take into account the following matters:
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> > > > (a) any information or documents provided with the application;
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> > > > (b) if a required report has been provided under [section 131](#GS131@EN) in respect of the application, the required report;
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> > > > (ba) [*\[Section 132 Subsection (1) amended by No. 39 of 2018, s. 18, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS18@Hpa@EN) if the premises where the work is performed includes a special-use building that is regulated under this Act by a function control authority in its capacity as a function control authority, any recommendation of the function control authority made in respect of the premises under [section 132A](#GS132A@EN) ;
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> > > > (c) any relevant requirements of this Act or of a permit, consent or authority in force under any other Act in respect of the premises where the proposed work is to be performed;
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> > > > (d) any other matter that the Director of Building Control determines to be relevant to an application under this Subdivision;
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> > > > (e) any other matter that the building surveyor considers relevant.
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> > (1A) [*\[Section 132 Subsection (1A) inserted by No. 39 of 2018, s. 18, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS18@Hpb@EN) If the application for a certificate of likely compliance (permit building work) relates to building work that includes a proposed performance solution, the building surveyor is to also require the applicant to provide one or more of the following:
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> > > > (a) assessments of the proposed performance solution as set out in the requirement;
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> > > > (b) information in relation to the qualification of persons who have provided the applicant with the information referred to in [paragraph (a)](#GS132@Gs1A@Hpa@EN) ;
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> > > > (c) information in relation to the design or suitability of the proposed performance solution.
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> > (1B) [*\[Section 132 Subsection (1B) inserted by No. 39 of 2018, s. 18, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS18@Hpb@EN) If an applicant fails to comply with a requirement of [subsection (1A)](#GS132@Gs1A@EN) within the period specified in the requirement, the application for a certificate of likely compliance (permit building work) is taken to lapse on the expiry of that period.
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> > (2) If the building surveyor intends to grant an application for a certificate of likely compliance (permit building work), the building surveyor is not required to implement anything contained in a required report provided under [section 131](#GS131@EN) in respect of the application.
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> > (3) If the building surveyor intends to grant an application for a certificate of likely compliance (permit building work) and does not implement anything contained in a required report provided in respect of the application, the building surveyor is to –
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> > > > (a) notify the relevant reporting authority of the refusal to implement all, or part, of the report; and
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> > > > (b) provide the reporting authority with –
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> > > > > > (i) a copy of the certificate of likely compliance (permit building work) issued as a result of granting the application; and
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> > > > > > (ii) the reasons for not implementing the report.