Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 34

    (1)     Subject to section 34A, the certifier to whom application for a building approval is made shall issue the approval if he or she is satisfied that—

        (a)     the application complies with section 33A (3); and

        (b)     if the application is made on behalf of the owner of the parcel of land—it is made by an agent authorised in writing by the owner; and

        (c)     the plans that accompany the application comply with the prescribed requirements; and

        (d)     the prescribed requirements relating to consultation with, or obtaining the consent or approval of, any person, body or authority, have been satisfied; and

        (e)     subject to subsection (2), if the plans are for the erection of a building—the building as erected will comply with this Act; and

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001 , s 104).

        (f)     subject to subsection (2), if the plans are for the substantial alteration of a building—the building as altered will comply with the building code; and

        (g)     if the application relates to residential building work—

              (i)     a residential building insurance policy has been issued in relation to the work; or

              (ii)     an approved insurer has issued a certificate that the insurer has insured the work under a residential building insurance policy; or

              (iii)     the trustees of a scheme approved under division 6.4 (Approved fidelity fund schemes) have issued a fidelity certificate for the work; and

        (h)     if a waste management plan is required to accompany the application—the plan is adequate; and

              (i)     the building as proposed to be erected or altered will be structurally sufficient, safe and stable; and

        (j)     the training levy has been paid.

    (2)     Subsection (1) (e) does not require compliance with the building code and subsection (1) (f) does not apply so far as the plans contain matter the acceptable requirements for which are not dealt with in the building code.

    (3)     For subsection (1) (f), plans are for the substantial alteration of a building if the aggregate volume (measured in accordance with subsection (5)) of the proposed alteration and any other alteration made to the building during the period of 3 years immediately before the making of the application for the building approval is more than 50% of the volume of the original building.

    (4)     For subsection (1) (h), a waste management plan is adequate if—

        (a)     if—

              (i)     a facility exists in the ACT; or

              (ii)     the Minister has, in writing, specified a facility outside the ACT as being suitable;

        for the reuse or recycling of materials of the kind described in the plan—the plan stipulates that the materials will be disposed of, if practicable, at such a facility; and

        (b)     the plan satisfies any other prescribed requirements.

    (5)     For subsection (3), the volume of a building shall be measured by reference to roof and outer walls.

    (6)     A building approval must be—

        (a)     marked on; or

        (b)     attached to; or

        (c)     partly marked on and partly attached to;

the plans in relation to which it has been issued.

Note     If a form is approved under s 109 (Approved forms) for a building approval, the form must be used.

    (7)     If a building approval is not, or not entirely, marked on the plans, the certifier shall annotate the plans with an indication that the approval, or part of the approval, is in a separate document.

    (8)     A certifier who issues a building approval shall—

        (a)     give a copy of the approval and the relevant plans as soon as practicable to the person who has applied for the approval; and

        (b)     within 7 days after the issue give to the building controller—

              (i)     a copy of the approval; and

              (ii)     a copy of the relevant plans; and

              (iii)     if notification of his or her appointment as certifier has not previously been given to the building controller—notification of the appointment; and

              (iv)     the fee determined under section 108 (Determination of fees) in relation to the issue of the building approval.

Note     If a form is approved under s 109 (Approved forms) for a notification of appointment, the form must be used.

    (9)     In this section:

"approved insurer" means an authorised insurer who—

        (a)     has had a form of residential building insurance policy approved by the building controller; and

        (b)     has not given to the building controller a notice under section 66.

"residential building work"—see section 59.