BUILDING ACT 2004
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. Certifier may request 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
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
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 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
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 7.2A--Non-compliant buildings and building work
133A. Powers in relation to non-compliant buildings
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
