55Change of building use or building classification

### 55 Change of building use or building classification > > (1)  In this section – > > > > > ***change of use***, in respect of the use of an existing building, includes the re-use of a building where a function control authority is required, under another Act, to provide new registration, licensing or approval for that use. > > > (2)  A person must not cause the change of the use of an existing building, whether erected before or after the commencement of this Act, if the new use requires – > > > > > > (a) a change of classification of the building; or > > > > > > > (b) the building to comply with different requirements within its existing classification – > > > > and the building does not comply with this Act or the relevant provisions of the National Construction Code in respect of the changed use. > > > > 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. > > > (3)  If a change of the use of a building referred to in subsection (2) does not require permit building work or notifiable building work to be performed before the change of use, the person intending to change the use of the building must obtain a new occupancy permit for the building before changing its use. > > > > 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. > > > (4)  A building surveyor may consent to partial compliance with this Act in respect of an application for an occupancy permit that relates to a change of use of a building if the building surveyor is satisfied that the partial compliance is appropriate after taking into account – > > > > > > (a) the amenity of the building and the safety and health of the people using, or intending to use, the building; and > > > > > > > (b) the risk of the spread of fire to, or from, the building and any adjoining building.