21Where variation requires consent by building surveyor or authorisation to be obtained

21 Where variation requires consent by building surveyor or authorisation to be obtained

(1)  In this section –

[Section 21 Subsection (1) amended by No. 12 of 2016, Sched. 3, Applied:01 Jan 2017] certificate of likely compliance means a certificate of likely compliance issued under the Building Act 2016 .

(2)  [Section 21 Subsection (2) amended by No. 12 of 2016, Sched. 3, Applied:01 Jan 2017] If a variation of a residential building work contract is such that residential building work, if performed in accordance with the variation, would require the consent, under the Building Act 2016 , of a building surveyor because it varies from the residential building work to which a certificate of likely compliance relates, the building contractor must ensure that –

(a) the copy of the variation document provided to the owner has attached to it the written consent of a building surveyor to the residential building work to be performed in accordance with the variation; and

(b) residential building work in accordance with the variation is not performed until paragraph (a) has been complied with.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 300 penalty units; or

(b) an individual, a fine not exceeding 100 penalty units.

(3)  [Section 21 Subsection (3) amended by No. 12 of 2016, Sched. 3, Applied:01 Jan 2017] If a variation to a residential building work contract relates to residential building work in relation to which a permit, or other authorisation, under the Land Use Planning and Approvals Act 1993 or the Building Act 2016 is required, the building contractor must ensure that –

(a) the residential building work to which the variation relates is authorised by the permit or other authorisation, or if the permit or authorisation required amendment in order for the work to be authorised, has been so amended; and