TASIn ForceAct
Building Act 2016
288Non-application of Building Regulations
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### 288 Non-application of Building Regulations
> > (1) A provision of the Building Regulations does not apply to any building work –
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> > > > (a) for which a building permit is granted before the provision commences; or
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> > > > (b) [*\[Section 288 Subsection (1) amended by No. 39 of 2018, s. 45, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS45@Hpa@EN) if the building surveyor for the work certifies in writing that substantial progress was made on the design of the work before the commencement of the provision; or
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> > > > (c) [*\[Section 288 Subsection (1) amended by No. 39 of 2018, s. 45, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS45@Hpb@EN) if the provision of the Building Regulations applies a standard or requirement by reference to a document that is subsequently amended, if the building surveyor for the work certifies that substantial progress had been made in the design of the work before the document so applied was amended.
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> > (2) [Subsection (1)](#GS288@Gs1@EN) does not apply if the building surveyor and the owner of premises where building work is to be performed agree that a provision of the Building Regulations applies to the building work.
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> > (3) Nothing in this section prevents a person from complying with a provision of the Building Regulations that is not an applicable provision by virtue of this section.