99Performing notifiable building work

99 Performing notifiable building work

(1)  A person must not perform any notifiable building work, or cause or permit any notifiable building work to be performed, unless he or she –

(a) is satisfied that a certificate of likely compliance (notifiable building work) is in force in respect of the work; and

(b) has notified the relevant building surveyor that he or she intends to start the notifiable building work; and

(c) has been provided with authorisation to start the work, and a unique authorisation number for the work, by the building surveyor.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person must perform any notifiable building work in accordance with –

(a) the most recent notice of work provided in respect of the work to the relevant building surveyor; and

(b) the certificate of likely compliance (notifiable building work) provided in respect of the work.

Penalty:  Fine not exceeding 100 penalty units.

(3)  If a responsible person for notifiable building work ceases to be the responsible person for the work –

(a) the work must stop; and

(b) the person who is to become the new responsible person for the work must notify the relevant building surveyor of that fact before permitting the work to be performed.

(4)  [Section 99 Subsection (4) amended by No. 39 of 2018, s. 12, Applied:01 Jan 2017] If notifiable building work has not been completed within 2 years after the authorisation to start the work was provided by a building surveyor under subsection (1)(c) , the responsible person for the work must obtain, from the relevant building surveyor at least 5 business days before the expiry of that period, written approval to continue with the notifiable building work after the expiry of that period.

Penalty:  Fine not exceeding 100 penalty units.

(4A)  [Section 99 Subsection (4A) inserted by No. 39 of 2018, s. 12, Applied:01 Jan 2017] If the Director of Building Control has determined that special circumstances exist, a building surveyor may give written approval under whether or not that approval is given at least 5 business days before the expiry of the period specified in that subsection.