BUILDING ACT 2004 - SECT 28 Issue of building approvals

BUILDING ACT 2004 - SECT 28

    (1)     This section applies if—

        (a)     an application for a building approval is made to the certifier under section 26; and

        (b)     the certifier may consider the application; and

        (c)     section 30 (When building approvals not to be issued—general) and section 30A (When building approvals not to be issued—advice on referral) do not prevent the issue of the approval; and

        (d)     if there is a written agreement between the certifier and applicant for the payment of an amount for deciding the application and the agreement states that the amount is to be paid before the application is decided—the amount has been paid.

    (1A)     As soon as practicable after receiving the application for building approval, the certifier must issue a site work notice—

        (a)     if an exemption assessment D notice stating that the site work is exempt development has not been issued for the site work; and

        (b)     if the territory plan

ning authority has not made an exemption declaration under the Planning (Exempt Development) Regulation 2023

, schedule 1, section 1.131 (1) (d); and

        (c)     if a development approval has not been issued in relation to the site work; and

        (d)     if satisfied on reasonable grounds that—

              (i)         the plans show all the information necessary to establish that the site work to which the building work relates is exempt development under the Planning Act 2023

, section 145; and

              (ii)     the site work is exempt development.

    (2)     As soon as practicable after receiving the application for building approval, the certifier must—

        (a)     take all reasonable steps to get the information the certifier reasonably needs to decide the application; and

Note     This may include deciding whether the building work is exempt from requiring development approval under the Planning Act 2023

(see s 29 (1) (g)).

        (b)     if satisfied on reasonable grounds that the plans meet each applicable approval requirement under section 29 and is not prevented from being issued under section 30 or section 30A—

              (i)     prepare a notice (the building approval certificate ) certifying what approval requirements apply to the application and why the building approval is not prevented from being issued; and

              (ii)     issue the building approval and give the building approval certificate to the applicant.

Note 1     If a form is approved under s 151 for this provision, the form must be used.

Note 2     A fee may be determined under s 150 for this provision.

    (3)     To remove any doubt, a certifier is not required to decide an application for building approval if the applicant has asked the certifier to delay making the decision, whether to allow the applicant to negotiate with an entity to which the application has been referred or for any other reason.