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Building Act 2016
216Occupancy permit required
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### 216 Occupancy permit required
> > (1) Unless otherwise specified, an occupancy permit is required for each of the following types of buildings before the building or a part of the building can be, or can continue to be, occupied:
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> > > > (a) a new building;
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> > > > (b) a building where the new use of the building would need to satisfy different requirements, under the National Construction Code, than the previous use;
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> > > > (c) a building where the classification for the building, under the National Construction Code, has changed;
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> > > > (d) a building where work is, or has been, carried out, if the work is –
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> > > > > > (i) notifiable building work; or
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> > > > > > (ii) permit building work; or
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> > > > > > (iii) demolition work where only part of the building, or part of an adjacent building, is demolished as part of the work;
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> > > > (e) a building that is a special-use building, where that special use has changed in a material way;
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> > > > (f) a building, or a class or type of buildings, prescribed for the purpose of this section.
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> > (2) A building surveyor may determine that a building does not require a new occupancy permit if –
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> > > > (a) an occupancy permit is in force in respect of the building; and
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> > > > (b) the building surveyor is satisfied that building work performed on the building after the occupancy permit was issued was for maintenance of the building, or of a minor nature; and
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> > > > (c) the building surveyor intends to issue a certificate of final inspection (building) in respect of the work; and
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> > > > (d) the Act does not require the work to be the subject of a report by a reporting authority.
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> > (3) A person must not occupy, or continue to occupy, a building referred to in subsection (1) unless –
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> > > > (a) an occupancy permit is in force in respect of that building as it is, or is intended to be, used while so occupied; or
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> > > > (b) an occupancy permit is in force in respect of that building and a building surveyor is satisfied that the building can be occupied under that occupancy permit while work is being performed on the building; or
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> > > > (c) a temporary occupancy permit is in force in respect of that building as it is, or is intended to be, used while so occupied; or
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> > > > (d) the Building Regulations provide that an occupancy permit is not required for that building as it is, or is intended to be, used while so occupied.
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> > Penalty: In the case of –
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> > > > (a) a natural person, a fine not exceeding 100 penalty units; or
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> > > > (b) a body corporate, a fine not exceeding 500 penalty units.