20Building approval applications—requirement to give

20 Building approval applications—requirement to give advice—Act s 30A (3) (1) This section applies if a building approval application, including an amended application, is referred to an entity for advice. Note An application may be required to be referred to an entity under s 19. (2) The entity must give advice in relation to the building approval application not later than 15 working days after the day the application is given to the entity. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The advice— (a) must be in writing; and (b) must relate to the entity’s area of authority; and (c) must state whether the entity supports or opposes the application; and (d) if the entity supports the application—may include conditions to which the support is subject; and (e) if the entity opposes the application—must state the reasons for opposing the application. (4) If the advice includes a condition, the condition must not require the building work to be carried out in a way that is inconsistent with, or more burdensome than, the Act. Examples—requirement inconsistent with, or more burdensome than, Act 1 If the building code includes a requirement about the safety of buildings in relation to fire and associated heat and smoke, including fires inside buildings, or bushfires outside buildings, an entity authorised to give advice in relation to fire safety must not recommend or require a building to be constructed in a way that is inconsistent with, or imposes more onerous requirements than, the code. 2 If the building code includes a requirement about the structural sufficiency of a building’s footings, an entity to which a building approval is referred must not recommend or require the building to be constructed in a way that is inconsistent with, or impose more burdensome requirements than, the code. However, the advice may include a condition requiring the footing to provide piers on either side of a buried sewer main to prevent the loads of the building being applied to the main. This is because the building code does not require the footing to not load the main; the piers are to protect the main and are not for the structural sufficiency of the building. (5) For this section, advice relates to an entity’s area of authority if the entity has authority under a legislative provision for the area. Example—entity having authority Under the Utilities Act 2000, an entity licensed to provide a utility service is required to comply with relevant industry codes relating to the protection of customers, consumers and the utility network. The entity may give advice on building work in relation to that requirement.