BUILDING ACT 2004 - SECT 14B Exemption assessments and notices

BUILDING ACT 2004 - SECT 14B

    (1)     This section applies if—

        (a)     the owner of a parcel of land applies to a building surveyor for an exemption assessment under section 14; and

        (b)     the building surveyor agrees to provide the exemption assessment.

    (2)     The building surveyor must—

        (a)     undertake the exemption assessment; and

        (b)     issue a notice (an exemption assessment B notice ) stating—

              (i)     if any building work is exempt from all or part of this Act—

    (A)     the building work that is exempt; and

    (B)     the provisions of this Act that the building work is exempt from and why; and

Note     For building work that is completed, see also s (4).

              (ii)     any building work that is not exempt from any part of this Act; and

              (iii)     anything else prescribed by regulation; and

Note     The building surveyor may refuse to issue a notice if the building surveyor does not have enough information (see s 14E).

        (c)     give the exemption assessment B notice to the owner; and

        (d)     within 5 days after the day the building surveyor issues the notice—give a copy of the notice to the construction occupations registrar.

    (3)     A regulation may prescribe—

        (a)     any document that must be attached to the exemption assessment B notice; and

        (b)     information required to be shown in the document.

    (4)     If the building work that is the subject of the application has been completed and the building surveyor certifies that the building work is exempt because the building work was exempt when carried out, the exemption assessment B notice must also include the dates on which the building surveyor has based the assessment that the building work was exempt.

    (5)     If, after taking reasonable steps, the owner cannot find a building surveyor who will agree to provide an exemption assessment, the owner may apply to the construction occupations registrar to appoint a building surveyor to undertake the exemption assessment and issue an exemption assessment B notice to the owner.