36Deciding application

36 Deciding application

36 Deciding application

(1) An approval authority must not issue a completion approval for building work or a change of building use unless—

(a) the application for the approval has been made in accordance with this part, and

(b) the approval authority is appointed for the building work or change of building use, and

(c) all inspections required for the building work or change of building use have been carried out as required, and

(d) if the development consent or complying development certificate includes a relevant condition—the relevant condition has been complied with, and

(e) the building to which the building work or change of building use applies—

(i) is suitable for occupation and use in accordance with the class of the building, and

(ii) for a building capable of occupation—is otherwise safe to occupy, and

(f) for building work—

(i) the building work has been carried out in accordance with the building approval or complying development certificate that authorised the building work, and

(ii) the building work is consistent with the development consent or complying development certificate, and

(iii) if the building work includes work prescribed by the regulations—the documents required by the regulations have been given to the approval authority, and

(g) for a change of building use—the change of building use has been carried out in accordance with the development consent or complying development certificate that authorised the change of building use, and

(h) other requirements prescribed by the regulations are satisfied.

Maximum penalty—

(a) for an individual—600 penalty units, or

(b) otherwise—3,000 penalty units.

(2) In this section—

relevant condition—

(a) means a condition required to be complied with before a completion approval is issued, and