134Granting application for certificate of likely compliance (permit building work)

134 Granting application for certificate of likely compliance (permit building work)

(1)  A building surveyor is to grant an application for a certificate of likely compliance (permit building work) within the prescribed period if the building surveyor is satisfied that the work specified in the application –

(a) is permit building work; and

(b) is likely to comply with this Act and the National Construction Code.

(1A)  [Section 134 Subsection (1A) inserted by No. 39 of 2018, s. 20, Applied:01 Jan 2017] Subsection (1)(b) does not apply in relation to work if –

(a) 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; and

(b) the work is to be performed in accordance with the recommendations of the function control authority made under section 132A ; and

(c) the building surveyor is satisfied that any non-compliance with the Act is not detrimental to the safety and health of any occupant, or any future occupant, of the building.

(2)  A building surveyor may grant an application for a certificate of likely compliance (permit building work) subject to any conditions he or she thinks appropriate.

(3)  If a building surveyor grants an application for a certificate of likely compliance (permit building work), the building surveyor is to –

(a) issue the applicant with a certificate of likely compliance (permit building work) in an approved form that specifies that the certificate has been issued in respect of permit building work; and

(b) if the owner of the premises where the work specified in the application is to be performed is not the applicant for the certificate, provide the owner with a copy of the certificate of likely compliance (permit building work) so issued.