42Occupation of buildings

42 Occupation of buildings

42 Occupation of buildings

(1) A person must not occupy a building if—

(a) the building results from building work, and

(b) the building is capable of being occupied, and

(c) the building is not already lawfully occupied, and

(d) an application for a completion approval is required to be made under this subdivision for the building work, and

(e) a completion approval is not in force for the building.

Maximum penalty—

(a) for an individual—300 penalty units, or

(b) otherwise—1,500 penalty units.

(2) A person must not commence occupation under a new use of a building if—

(a) an application for a completion approval is required to be made under this subdivision for the change of building use, and

(b) a completion approval is not in force for the change of building use.

Maximum penalty—

(a) for an individual—300 penalty units, or

(b) otherwise—1,500 penalty units.

(3) A building approval or development consent does not authorise a building to be occupied.