Australian Capital Territory Current Acts

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BUILDING ACT 2004


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

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

   PART 2--IMPORTANT CONCEPTS

   6.      Meaning of building work  
   7.      Meaning of building  
   7A.     Meaning of site work  
   8.      Meaning of structure  
   9.      Meaning of specialist building work  
   10.     Meaning of basic building work  
   10B.    Meaning of disturbs friable asbestos  
   11.     Act does not affect other ACT laws  
   12.     Exempt buildings  

   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

   17.     Definitions for div 3.2  
   17A.    Certifier—functions  
   18.     Eligibility for appointment—certifiers and government certifiers  
   19.     Appointment of certifiers—work not begun  
   19A.    Appointment of certifiers—work begun  
   19B.    Automatic suspension  
   19C.    Ending suspensions  
   19D.    Ending appointments  
   19E.    Appointment of certifier after appointment ends under s 19D (1)  
   20.     Appointment of government certifiers  
   21.     Power to require building documents  
   22.     Protection of government certifiers from liability  
   23.     Entitlement to act as certifier  
   24.     Notice of certifier's appointment or end of appointment  
   25.     Prohibition against contracting out of pt 3  

           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

   37.     Building commencement notice issue  
   37A.    Sign to be displayed for certain building work  
   37B.    Sign to be displayed for building work in prescribed development  
   38.     Automatic end of building commencement notices  
   39.     Application for cancellation of building commencement notice  
   40.     Decision on building commencement notice application  
   41.     Multiple or part building commencement notice  

           Division 3.5--Carrying out building work

   42.     Requirements for carrying out building work  
   42A.    Contravention of requirements for building work involving asbestos  
   43.     Stages of building work  
   44.     Stage inspections  
   45.     Records of tests  
   46.     Safety precaution directions  

           Division 3.6--Completion of building work

   47.     Structural engineer's certificate  
   48.     Completion of building work  

           Division 3.7--Offences

   49.     Complying with building code  
   50.     Notification by certifier of contraventions of building and development  
   50A.    Notification by certifier of possible noncompliant site work  
   50B.    Site work without adequate development approval—people  
   50C.    Site work without adequate development approval—partners  
   51.     Carrying out building work in contravention of s 42  

   PART 4--STOP AND OTHER NOTICES AND DEMOLITION ORDERS

   52.     Definitions—pt 4  
   53.     Stop notices  
   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  
   60.     Notice to produce survey plan etc  
   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  
   88.     Statutory warranties  
   89.     Builder's liability  

           Division 6.2A--Standard conditions

   89A.    Residential building work contract to which div 6.2A does not apply  
   89B.    Meaning of residential building work contract—div 6.2A  
   89C.    Standard conditions for residential building work contract  
   89D.    Required documents for residential building work contract  
   89E.    Prohibited conditions for residential building work contract  

           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 authority if scheme insolvent etc  
   118.    Giving of information to authority by auditor or actuary etc  
   119.    Auditor's role  
   120.    Actuary's role  
   121.    Certificates and reports required to be given to authority  
   122.    Special actuary to investigate liabilities  
   123.    Objection to special actuary by authority  
   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 7--ADMINISTRATION

           Division 7.1--Building inspectors

   128.    Appointment of building inspectors  
   129.    Identity cards  

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

   130.    Inspection of approved building work  
   131.    Inspection of building work where no approval  
   132.    Costs of inspection  
   133.    Power to authorise required work  

           Division 7.3--Entry and seizure

   134.    Building inspectors—entry to premises  
   134A.   Building inspectors—powers on entry  
   134B.   Building inspectors—power to seize things  
   134C.   Building inspectors—receipt for things seized  
   134D.   Access to things seized  
   134E.   Return of things seized  

           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

   136.    Building code  
   136A.   Regulation under s 136 (1), def building code and Legislation Act,  
   137.    Publication and availability of ACT Appendix  
   138.    Inspection of building code  
   139.    Certified copies of building code  
   139A.   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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