20EDeclaration by corporation after prescribed event

20E Declaration by corporation after prescribed event (1) This regulation applies in relation to completed building work mentioned in regulation 20B or 20C if all of the following circumstances apply: (a) the building work has been completed by a person acting for a corporation (the responsible builder); (b) the responsible builder has failed to make a declaration under the regulation solely because of a prescribed event; (c) the corporation is satisfied the building work was carried out by the responsible builder in accordance with the building permit granted for the work. (2) For subregulation (1)(c), the corporation must: (a) take all the steps necessary, within a reasonable time and using proper care and diligence, which may include engaging suitably qualified and experienced persons to inspect and give reports about the building work; and

Building Regulations 1993 26 (b) ensure other prescribed certification required for the building work carried out by the responsible builder has been obtained. (3) As soon as practicable after the corporation has satisfied itself for subregulation (1)(c), it must: (a) give the information it has relied on to an appropriate person; and (b) ensure that a declaration is made under subregulation (4) and given to a building certifier as required by that subregulation. (4) Not later than 14 days after the appropriate person has been given the information under subregulation (3), the person must: (a) make a builder's declaration or a declaration in accordance with regulation 20D(1), as applicable, relating to the building work completed by the responsible builder; and (b) include in the declaration details about: (i) the prescribed event; and (ii) the way in which the corporation has satisfied itself under subregulation (2); and (c) give the declaration to the building certifier who granted the building permit for the work. Note for subregulation (4) See section 69(5) of the Act or regulation 20D(5), as applicable, in relation to protection from prosecution for criminal liability if the declaration is made in good faith. (5) In this regulation: appropriate person means: (a) if the building work was partially completed by the responsible builder – the person who is continuing to carry out the building work or is in charge of carrying out the continuing building work; or (b) if the building work was fully completed – a person authorised by the corporation in writing to make the declaration under subregulation (4).

Building Regulations 1993 27