BUILDING ACT 2004 - SECT 32A Application for approved plans amendment—certifier may require further

BUILDING ACT 2004 - SECT 32A

    (1)     This section applies if—

        (a)     the owner of a parcel of land (the applicant ) has applied to a certifier under section 31 to approve amended plans; and

        (b)     further information is required for the certifier to be able to decide the application without personally inspecting the land where the building work is being, or is to be, carried out; and

        (c)     the applicant and the certifier have not agreed that the certifier will obtain the further information.

    (2)     The certifier may, by written notice, ask the applicant to give the certifier stated further information in relation to the application if the certifier believes on reasonable grounds that the information will help the certifier to decide the application without personally inspecting the land where the building work is being, or is to be, carried out.

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)     To remove any doubt, this section does not entitle a certifier to require—

        (a)     photographs to be taken by someone other than the applicant; or

        (b)     photographs to be taken using equipment of the applicant's choice at or near ground level; or

        (c)     further information if—

              (i)     the certifier has, or has reasonable access to, suitable information that allows the certifier 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 certifier to personally obtain or be given the information.

Note     For examples of suitable information a certifier has or has reasonable access to, see s 26A (Applications for building approval—certifier may require further information).

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