98Certificate of likely compliance (notifiable building work)

### 98 Certificate of likely compliance (notifiable building work) > > (1)  On receipt of a notice of work under [section 97](#GS97@EN) , a building surveyor is to take into account each of the following matters in relation to the proposed notifiable building work specified in the notice of work: > > > > > > (a) whether the work is entirely within the definition of notifiable building work; > > > > > > > (b) the protection work that has been, or is to be, performed in respect of the work; > > > > > > > (c) any documents provided to the building surveyor with the notice of work; > > > > > > > (ca) [*\[Section 98 Subsection (1) amended by No. 39 of 2018, s. 10, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS10@Hpa@EN) if 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, any recommendation of the function control authority made in respect of the premises under [section 98A](#GS98A@EN) ; > > > > > > > (d) any further information requested under [subsection (2)](#GS98@Gs2@EN) ; > > > > > > > (e) any other permits, consents, or orders, in place or required under any Act in respect of the proposed work or the premises where the work is to be performed; > > > > > > > (f) any documents relied on by the designer of the work; > > > > > > > (g) any other prescribed matter. > > > (2)  A building surveyor may request further information in respect of a notice of work. > > > (3)  After taking into account the matters specified in [subsection (1)](#GS98@Gs1@EN) in respect of notifiable building work, a building surveyor may issue a certificate of likely compliance (notifiable building work) if satisfied that – > > > > > > (a) the work is not permit building work; and > > > > > > > (b) in the opinion of the building surveyor, all appropriate protection work has been performed in respect of the notifiable building work; and > > > > > > > (c) the work is likely to comply with this Act. > > > (3A)  [*\[Section 98 Subsection (3A) inserted by No. 39 of 2018, s. 10, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS10@Hpb@EN) [Subsection (3)(c)](#GS98@Gs3@Hpc@EN) 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 in respect of the premises under [section 98A](#GS98A@EN) ; 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. > > > (4)  Within 7 business days after issuing a certificate of likely compliance (notifiable building work), the building surveyor who issued the certificate must forward a copy of the certificate to the relevant permit authority. > > > (5)  A building surveyor may refuse to issue a certificate of likely compliance (notifiable building work) – > > > > > > (a) until all fees required to be paid to the building surveyor in respect of the work have been paid; or > > > > > > > (b) for any other reason that is reasonable in the circumstances. > > > (6)  If a building surveyor refuses to issue a certificate of likely compliance (notifiable building work) under this section, he or she must notify the person responsible for the work, in writing, of the refusal and the reason for the refusal. > > > (7)  A certificate of likely compliance (notifiable building work) is to be in an approved form. > > > (8)  A certificate of likely compliance (notifiable building work) expires 12 months after it has been issued.