BUILDING ACT 2004 - SECT 48 Completion of building work
BUILDING ACT 2004 - SECT 48
Completion of building work(1) This section applies if—
(a) building work appears to the certifier to have been completed; and
(b) either—
(i) the certifier is satisfied on reasonable grounds that the work has been completed—
(A) in accordance with this Act; and
(B) in accordance with, or substantially in accordance with, the approved plans; or
(ii) the certifier is satisfied on reasonable grounds that—
(A) the work has not been completed in accordance with this Act; and
(B) the work has been completed in accordance with, or substantially in accordance with, the approved plans or plans that have been approved plans for the work, but are no longer approved plans in the circumstances prescribed by regulation.
(2) A regulation may prescribe when work is or is not substantially in accordance with approved plans.
(3) Within 7 days after the day the certifier is satisfied, the certifier must give to the construction occupations registrar the following:
(a) if advice mentioned in section 27 (1) (b) was sought—
(i) written evidence of the advice; or
(ii) if the advice was not given within the time prescribed by regulation for giving it—a written statement by the certifier to the effect that the certifier is satisfied the advice was not given within the time;
Note See s 36A (Requirement to give advice in relation to proposed building work).
(b) if consultation mentioned in section 27 (1) (b) was required—
(i) written evidence of the response to the consultation; or
(ii) if there has been no response to the consultation within the time prescribed by regulation for giving a response—a written statement by the certifier to the effect that the certifier is satisfied no response was given within the time;
(c) if a consent or approval mentioned in section 27 (1) (b) was required to be obtained—written evidence of the consent or approval;
(d) if compliance with a condition of a consent or approval prescribed by regulation was required—a written statement by the certifier to the effect that the certifier is satisfied on reasonable grounds that the condition has been complied with;
(e) a copy of the plan or document mentioned in section 43 (2) (a);
(f) a copy of each certificate issued for the building work under section 44 (2) (b) or (5), unless the certifier has already given the construction occupations registrar the copy in accordance with this Act;
Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
Note 2 A regulation may provide for the giving of copies of certificates at other times (see s 44 (7)).
(g) if the regulations require that, on completion of the building work, the consent or approval of anyone is to be obtained—written evidence of the obtaining of the consent or approval;
(h) either—
(i) a certificate by the certifier that the building work has been completed in accordance with this Act and in accordance with, or substantially in accordance with, the approved plans; or
(ii) if subsection (1) (b) (ii) applies—a certificate prescribed by regulation;
(i) if a certificate has been obtained under section 47 (Certifier may request engineer's certificate)—the certificate;
(j) if no certificate under section 47 (1) (a) has been obtained—a written statement to the effect that—
(i) the certifier is satisfied that the building as erected or altered is structurally sufficient, sound and stable for the purposes for which it is to be occupied or used; and
(ii) no certificate under section 47 is required;
(k) if, in the certifier's view, the requirements of section 69 (1), (2) or (3) (Certificates of occupancy) have been satisfied—written advice that the registrar would be justified in issuing a certificate of occupancy for the building under section 69 (1), (2) or (3);
(l) if, in the certifier's view, section 69 (2B) applies—written advice to that effect;
(m) if, in the certifier's view, building work involving the erection of a structure on or attached to land or a building has been completed in accordance with the prescribed requirements under division 5.1 for the building work—written advice that the registrar would be justified in issuing a certificate for the building work under section 72;
(n) a copy of the following documents relating to the building work, unless the certifier has already given the construction occupations registrar the copy in accordance with this Act:
(i) any application to the certifier under this Act and any accompanying document;
(ii) all plans or drawings;
(iii) any approval, certificate, determination, notification or permission issued or given (a relevant document );
(iv) any certificate or other document given or prepared by someone else that the certifier has relied on for the purpose of issuing or giving a relevant document;
(v) the certifier's working papers and calculations that are relevant to the issuing or giving of a relevant document.
(4) The construction occupations registrar may, in writing, exempt a certifier from complying, completely or partly, with anything mentioned in subsection (3) (i) in relation to building work stated in the exemption.
(5) A certifier is not required to give the construction occupations registrar a copy of a document or paper mentioned in subsection (3) (i) if—
(a) the certifier has already given to the registrar, under this Act, the document or paper, or a copy of the document or paper; or
(b) the registrar has exempted the certifier under subsection (4) from giving the copy.
(6) If the certifier is required to give the constructions occupations registrar written evidence of something under this section—
(a) the registrar may ask for further information relevant to the thing in relation to anything not dealt with, or not adequately dealt with, in the written evidence; and
(b) the certifier must give the registrar the further information not later than 7 days after the day the registrar asked for it.
(7) This section applies in relation to a part of a building in the same way as it applies to a building.