BUILDING ACT 2004 - SECT 43 Stages of building work
BUILDING ACT 2004 - SECT 43
Stages of building work(1) A regulation may prescribe—
(a) stages of building work; and
(b) exceptions to allow building work to proceed beyond a stage without a stage inspection; and
(c) conditions for building work to proceed beyond a stage without a stage inspection.
Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act
, s 48).
(2) A building licensee in charge of building work must give the certifier a required written notice when building work reaches a stage of building work.
(3) A building licensee commits an offence if—
(a) building work has reached a stage; and
(b) the building work is not within a prescribed exception; and
(c) the licensee—
(i) does building work beyond the stage; and
(ii) fails to give the certifier the required written notice before the building work beyond the stage was started.
Maximum penalty: 50 penalty units.
(4) An offence against this section is a strict liability offence.
(5) In this section:
"required written notice" means a notice that—
(a) is dated on the day it is given; and
(b) states the stage of building work that has been reached; and
(c) includes a statement that—
(i) the building work done for the stage was carried out in accordance with approved plans; and
(ii) if the building work involved handling asbestos or disturbing friable asbestos—the approved plans comply with this Act in relation to the asbestos.
Note The licensee may give the notice electronically (see Electronic Transactions Act 2001
, s 8).