BUILDING ACT 2004 - SECT 14C Exemption assessment applications—request for further

BUILDING ACT 2004 - SECT 14C

    (1)     This section applies if—

        (a)     a building surveyor requires further information for an exemption assessment under section 14B; and

        (b)     the owner of the parcel of land and the building surveyor have not agreed that the building surveyor will obtain the further information; and

        (c)     the building surveyor believes on reasonable grounds that the further information will help the building surveyor to prepare the assessment.

    (2)     The building surveyor may, by written notice, ask the owner to give the building surveyor stated further information in relation to the application.

Note     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (3)     This section does not entitle a building surveyor to require—

        (a)     photographs to be taken by someone other than the owner of the parcel of land; or

        (b)     photographs to be taken using equipment other than equipment of the owner's choice; or

        (c)     further information if—

              (i)     the building surveyor has, or has reasonable access to, suitable information that allows the building surveyor to decide the application without personally inspecting the land where the building work is to be carried out; or

              (ii)     a territory law requires the building surveyor to personally obtain or be given the information.

Examples—suitable information building surveyor has or has reasonable access to

1     The website www.actmapi.act.gov.au

provides aerial photographs and topographical information including ground contours for some ACT areas. If the land to which an application relates is covered by the website, the photographs and contours have sufficient information, and are accurate and recent enough, to decide the application in relation to tree and ground-height related matters, the building surveyor may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights.

2     A building surveyor may verify land tenure and permit and statutory approval matters by contacting the statutory custodians of the information to a sufficient degree to decide the application in relation to those matters. The building surveyor may not require further information in relation to those matters.

3     The land to which an application relates is covered by www.actmapi.act.gov.au

but, because the slope of the land to be built on is steeper than would be adequately shown on the website, the building surveyor does not have suitable information to allow the building surveyor to decide the application without personally inspecting the land. Another website has some topographical information on the land, but it is not of sufficient resolution, or recent enough, to be relied on by the building surveyor in relation to ground heights to decide the application. The building surveyor may require further information in relation to ground heights.

    (4)     For this section, a building surveyor that is a partnership inspects land personally if any partner inspects the land.