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BUILDING ACT 2004

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Dictionary  
  • 4 Notes  
  • 5 Offences against Act—application of Criminal Code etc  

PART 2--IMPORTANT CONCEPTS

PART 2A--EXEMPTION ASSESSMENTS

  • 13 Purpose of exemption assessment B notices  
  • 14 Exemption assessment applications  
  • 14A Exemption assessment not required for building approval  
  • 14B Exemption assessments and notices  
  • 14C Exemption assessment applications—request for further  
  • 14D Exemption assessment applications—contents of request for further  
  • 14E Exemption assessment applications—effect of failure to provide further  

PART 3--BUILDING WORK

Division 3.2--Certifiers and government certifiers

Division 3.3--Building approvals

  • 25A Overview—div 3.3  
  • 25AA Meaning of site work notice—div 3.3  
  • 25B Why are building approvals necessary?  
  • 25C Building approvals apply to building work  
  • 26 Building approval applications  
  • 26A Applications for building approval—certifier may require further  
  • 26B Contents of request for further information  
  • 26C Applications for building approval—effect of failure to provide further  
  • 27 Certifier not to consider certain applications  
  • 27A Notice if building approval not issued  
  • 28 Issue of building approvals  
  • 28A Marking building approval  
  • 29 Approval requirements  
  • 30 When building approvals not to be issued—general  
  • 30A When building approvals not to be issued—advice on  
  • 31 Application for approval of amended plans  
  • 32 Amendment of approved plans  
  • 32A Application for approved plans amendment—certifier may require further  
  • 32B Contents of request for further information  
  • 32C Approved plans amendment—effect of failure to provide further  
  • 33 Marking approval of amendment  
  • 34 Effect of issue of further building approval  
  • 35 Land to be used in accordance with lease and development  
  • 36 Period for which approvals operate  
  • 36A Requirement to give advice in relation to proposed building work  

Division 3.4--Building commencement notices and building work signs

Division 3.5--Carrying out building work

Division 3.6--Completion of building work

Division 3.7--Offences

PART 4--STOP AND OTHER NOTICES AND DEMOLITION ORDERS

  • 52 Definitions—pt 4  
  • 53 Stop notices  
  • 53A Stop notices—display of sign  
  • 54 Building work allowed under stop notice  
  • 55 Application by land owner for cancellation of stop notice  
  • 56 Application other than by land owner for cancellation of stop notice  
  • 57 Decision on application by other than land owner  
  • 58 Further notices relating to stop notices  
  • 59 Service of stop notices and further notices  
  • 59A Stop notices register  
  • 61 Preconditions for s 62 notice  
  • 62 Notice to carry out building work  
  • 63 Payment of fees otherwise payable  
  • 63A Demolition orders—affected residential premises and eligible impacted  
  • 63B When demolition orders not to be issued—advice on referral  
  • 63C Requirement to give advice in relation to proposed demolition  
  • 63D Demolition orders—application of pt 3  
  • 63E Completion of demolition work—affected residential premises and eligible impacted  
  • 64 Compliance with notices under pt 4  

PART 5--BUILDING OCCUPANCY

Division 5.1--Certificates of occupancy and other certificates

  • 66 Meaning of prescribed requirements—div 5.1  
  • 66A Prescribed requirements and contraventions of s 43—div 5.1  
  • 67 Registrar may have regard to documents given  
  • 68 Effect of certificates under div 5.1  
  • 69 Certificates of occupancy  
  • 70 Cancellation of part certificate of occupancy  
  • 70A Completion of building work involving demolition  
  • 71 Certificate for building work involving demolition  
  • 72 Certificate for building work involving erection of structure  
  • 73 Certificates of occupancy and use for owner-builders  
  • 74 Government buildings—application for fitness certificate  
  • 75 Decision on s 74 application  
  • 76 Occupation and use of buildings  
  • 77 Use of buildings restricted  
  • 78 Occupation and use of ex-government buildings  
  • 79 Action by registrar on unauthorised use of building etc  
  • 80 Copies of certificates of occupancy and regularisation  
  • 81 Safe live load plates  
  • 82 Exceeding safe live load  

PART 6--RESIDENTIAL BUILDINGS--STATUTORY WARRANTIES, STANDARD CONDITIONS, INSURANCE AND FIDELITY CERTIFICATES

Division 6.1--Interpretation—pt 6

  • 84 Definitions—pt 6  
  • 85 Meaning of completion day for pt 6  
  • 86 Cost of building work for pt 6  

Division 6.2--Statutory warranties

  • 87 Residential building work to which pt 6 does not apply  
  • 87A Residential building work to which div 6.2 does not apply  
  • 88 Statutory warranties  
  • 89 Builder's liability  

Division 6.2A--Standard conditions

Division 6.3--Residential building insurance

  • 90 Complying residential building work insurance  
  • 91 Provisions of residential building insurance policies  
  • 92 Builder's misrepresentation etc does not prevent liability  
  • 93 Claims if builder insolvent and work unfinished  
  • 94 Recovery from builder  
  • 95 Duties of insurers  

Division 6.4--Approved fidelity fund schemes

  • 96 Approval of fidelity fund schemes  
  • 97 Additional information for approval of scheme etc  
  • 98 Authority may require changes to scheme  
  • 99 Approval criteria for schemes  
  • 100 Approval of scheme may be conditional  
  • 101 Application for changes to approved scheme  
  • 102 Approval of changes to approved scheme  
  • 103 Prudential standards  
  • 104 Compliance with prudential standards by trustees  
  • 105 Notice to trustees to comply with prudential standards  
  • 106 Notice to trustees requiring information  
  • 107 Suspension or cancellation of approval of approved scheme  
  • 108 Cancellation of approval on application  
  • 109 Orders consequential on etc suspension or cancellation  
  • 110 Address for service for trustees  

Division 6.5--Auditors and actuaries of approved schemes

  • 111 Appointment of auditor and actuary for approved scheme  
  • 112 Approval of appointment of auditor or actuary  
  • 113 Revocation of approval of appointment of auditor or actuary  
  • 114 When person stops holding appointment as auditor or actuary  
  • 115 Notification of appointment or ending of appointment of auditor or  
  • 116 Compliance with prudential standards by auditors and actuaries  
  • 117 Auditor and actuary to tell Minister if scheme insolvent etc  
  • 118 Giving of information to Minister by auditor or actuary etc  
  • 119 Auditor's role  
  • 120 Actuary's role  
  • 121 Certificates and reports required to be given to Minister  
  • 122 Special actuary to investigate liabilities  
  • 123 Objection to special actuary by Minister  
  • 124 Special actuary's report  
  • 125 Who can be appointed as special actuary  
  • 126 Obligations of trustees to auditors and actuaries  
  • 127 Protection of auditor and actuary from liability  

PART 6A--RESIDENTIAL BUILDING DISPUTES

Division 6A--.1 Objects and important concepts

  • 127A Definitions—pt 6A  
  • 127B Meaning of residential building dispute—pt 6A  
  • 127C Meaning of residential building matter—pt 6A  
  • 127D Residential building dispute resolution process—purpose  
  • 127E Prescription of dispute resolution processes  

Division 6A--.2 Residential building dispute administrator

  • 127F Residential building dispute administrator—appointment  
  • 127G Dispute resolution officers  
  • 127H Technical building assessors  
  • 127I Consultants and contractors  
  • 127J Other arrangements for staff and facilities  
  • 127K Delegation by administrator  
  • 127L Protection from liability  

Division 6A--.3 Dispute resolution process

  • 127M Referral of dispute  
  • 127N Lodgment of dispute  
  • 127O Administrator may dismiss lodgment in certain circumstances  
  • 127P Administrator may refer dispute in certain circumstances  
  • 127Q Commencing dispute resolution  
  • 127R Information required for dispute resolution  
  • 127S Record of resolution  
  • 127T Dispute resolution—confidentiality  

Division 6A--.4 Dispute resolution trust account

  • 127U Dispute resolution trust establishment  
  • 127V Interest on amounts in trust account  

PART 7--ADMINISTRATION

Division 7.1--Building inspectors

Division 7.2--Inspection of building work and authority for required work

Division 7.2A--Non-compliant buildings and building work

Division 7.3--Entry and seizure

Division 7.4--Search warrants

  • 134F Warrants generally  
  • 134G Warrants—application made other than in person  
  • 134H Search warrants—announcement before entry  
  • 134I Details of search warrant to be given to occupier etc  
  • 134J Occupier entitled to be present during search etc  
  • 134K Moving things to another place for examination or processing  

PART 8--BUILDING CODE, RECOGNISED STANDARDS ETC

Division 8.1--Building code and recognised standards

Division 8.2--Codes of practice and guidelines

  • 139B Approval of codes of practice  
  • 139BA Approval of guidelines  

Division 8.3--Energy efficiency certificates

  • 139C Energy efficiency certificates  
  • 139D Conflict of interest—building assessors  

PART 9--LIMITATION OF LIABILITY

  • 140 Meaning of building action for pt 9  
  • 141 Limit of liability of people jointly or severally liable  
  • 142 Limitation of liability for building actions  

PART 9A--NOTIFICATION AND REVIEW OF DECISIONS

  • 142A Definitions—pt 9A  
  • 142B Reviewable decision notices  
  • 142C Applications for review  

PART 9B--POWERS OF ACAT

  • 142D Powers of ACAT—proposed buildings etc forming part of  

PART 10--MISCELLANEOUS

  • 143 Sustainability guidelines  
  • 144 Service of notices etc  
  • 145 Giving copies of documents  
  • 147 Recovery of costs of work carried out by inspector  
  • 148 Evidentiary certificates  
  • 149 Legal liability for acts of registrar etc  
  • 150 Determination of fees  
  • 151 Approved forms  
  • 152 Regulation-making power  
    • DICTIONARY ENDNOTES

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