Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 35

    (1)     This section applies if, after the issue of a building approval in relation to building work, it is desired to amend the plans that relate to that work.

    (2)     If this section applies, the owner of the parcel of land to which the building approval relates may apply, in accordance with this section, to the certifier for approval of the amendment to the plans.

    (3)     An application under subsection (1) shall comply with the prescribed requirements.

    (4)     A certifier to whom an application under subsection (2) has been made—

        (a)     shall, if satisfied that the nature or extensiveness of the proposed amendments requires reconsideration of the building approval, refuse the application; or

        (b)     may, if—

              (i)     the requirements of section 34 (1) and the regulations, so far as they apply to plans, are satisfied in relation to the plans as amended; and

              (ii)     if the application were an application for a building approval—it would not be refused because of section 34A; and

              (iii)     in his or her view, reconsideration of the building approval is not required;

approve the amendment to the approved plan and amend the building approval accordingly.

    (5)     A certifier who amends a building approval shall comply with section 34 (6), (7) and (8) (other than subsection (8) (b) (iv)) in relation to the amended plans as if a reference in those subsections to plans were a reference to the plans as amended.