216Occupancy permit required

### 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: > > > > > > (a) a new building; > > > > > > > (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; > > > > > > > (c) a building where the classification for the building, under the National Construction Code, has changed; > > > > > > > (d) a building where work is, or has been, carried out, if the work is – > > > > > > > > > > (i) notifiable building work; or > > > > > > > > > > > (ii) permit building work; or > > > > > > > > > > > (iii) demolition work where only part of the building, or part of an adjacent building, is demolished as part of the work; > > > > > > > (e) a building that is a special-use building, where that special use has changed in a material way; > > > > > > > (f) a building, or a class or type of buildings, prescribed for the purpose of this section. > > > (2)  A building surveyor may determine that a building does not require a new occupancy permit if – > > > > > > (a) an occupancy permit is in force in respect of the building; and > > > > > > > (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 > > > > > > > (c) the building surveyor intends to issue a certificate of final inspection (building) in respect of the work; and > > > > > > > (d) the Act does not require the work to be the subject of a report by a reporting authority. > > > (3)  A person must not occupy, or continue to occupy, a building referred to in subsection (1) unless – > > > > > > (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 > > > > > > > (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 > > > > > > > (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 > > > > > > > (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. > > > > 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.