Building (Approvals and Practitioners) Act 2026
45Crown building work not approved under this part
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45 Crown building work not approved under this part
45 Crown building work not approved under this part
(1) This section applies to Crown building work for which an election has not been made to have the work approved under this part.
(2) The Crown building work cannot be commenced unless—
(a) the work is certified by the Crown to comply with the Building Code of Australia as in force on—
(i) if an invitation for tenders to carry out the work occurred—the date of the invitation for tenders, or
(ii) otherwise—the date on which the work commences, and
(b) for Crown building work involving a building element for a prescribed building—the following are obtained—
(i) a regulated design,
(ii) a design compliance declaration, and
(c) for Crown building work involving a prefabricated building that, when completed, will be a class 1 building or part of a class 1 building—the following are obtained—
(i) a prefabricated building declaration for the prefabricated building,
(ii) prefabricated building instructions for the prefabricated building.
(3) The Crown must obtain a building work compliance declaration for Crown building work involving a building element for a prescribed building.