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BUILDING ACT 2004 - SECT 42 Requirements for carrying out building work

BUILDING ACT 2004 - SECT 42

Requirements for carrying out building work

    (1)     Building work must not be carried out except in accordance with the following requirements:

        (a)     the materials used in the building work must comply with the standards under the building code for the materials in buildings of the kind being built or altered;

        (b)     the way the materials are used in the building work must comply with their acceptable use under the building code for buildings of the kind being built or altered;

        (c)     the building work must be carried out in a proper and skilful way;

Note     The considerations to be taken into account to decide when work is carried out in a proper and skilful way may be prescribed under the regulations (see s (2)).

        (d)     for building work that requires building approval under division 3.3, the building work

              (i)     must be carried out in accordance with approved plans; or

              (ii)     if plans have not been approved for the building work—must not be carried out;

        (e)     for building work that involves handling asbestos or disturbing friable asbestos—the building work must be carried out in accordance with approved plans that comply with this Act in relation to the asbestos;

        (f)     for building work required to be done only by a licensed builder—

              (i)     the building work must be carried out by or under the supervision of the builder mentioned in the building commencement notice; and

              (ii)     the builder's licence must authorise the doing of the building work;

        (g)     the building licensee in charge of the building work must take—

              (i)     all the safety precautions stated in or with the application for the building approval; and

              (ii)     any other safety precaution that a certifier or building inspector may require the building licensee to take under section 46.

    (2)     The regulations may prescribe considerations to be taken into account to decide whether building work is carried out in a proper and skilful way.