34Offence—building work above damp-proof course level

34 Offence—building work above damp-proof course level (1) A building licensee in charge of building work commits an offence if the licensee— (a) does building work above damp-proof course level; and (b) the building work is not within a prescribed exception; and

(c) fails to ensure that the certifier has received— (i) a plan signed by a registered surveyor stating the position of the building in relation to the boundaries of the parcel of land where the building is to be erected and stating the level that the floor, or floors, of the building will have in relation to a level stated in the approved plans; or (ii) for building work on an original building on original land—the original survey plan. Maximum penalty: 50 penalty units. (2) A building licensee in charge of building work commits an offence if the licensee— (a) does building work above damp-proof course level; and (b) the building work is not within a prescribed exception; and (c) fails to ensure that the certifier is satisfied that the position of the building, and the level of the floor, or floors, are in accordance with— (i) the approved plans; and (ii) any condition of the following: (A) an advice mentioned in the Act, section 27 (1) (b) (i); (B) an approval or consent mentioned in the Act, section 27 (1) (b) (iii). Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. (4) In this section: damp-proof course means a continuous layer of impervious material placed in a masonry wall or pier, or between a wall or pier and a floor, to prevent the upward or downward migration of water.

Completion of building work Division 3.4 original building means an existing class 1, class 10a or class 10b building. original land means any building resulting from the work that is to be located completely on the same parcel of land as the original building. original survey plan means a plan signed by a registered surveyor if— (a) the arrangement of the boundaries of the original land, and location and levels of the original building, have not changed since the original survey plan was made; and (b) no building on which the work is to be carried out is, or building resulting from the work is to be, situated closer than 100mm away from the boundary of the parcel of land.