Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 40

    (1)     If building work appears to have been completed, the certifier shall, within 7 days of being satisfied that—

        (a)     the work has been completed in accordance with the requirements of this Act and substantially in accordance with the approved plans; and

        (b)     the building or part of the building as erected or altered is structurally sufficient, sound and stable for the purposes for which it is to be occupied or used;

give to the building controller—

        (c)     written evidence of the obtaining of any consents and approvals required to have been obtained under section 34 (1) (d); and

        (d)     a copy of the plan referred to in section 38A (2) (a); and

        (e)     a copy of all certificates issued under section 38A (7) in relation to the building work; and

        (f)     if the regulations require that, on completion of the building work, the consent or approval of any person, body or authority is to be obtained—written evidence of the obtaining of that consent or approval; and

        (g)     a certificate that the building work has been completed in accordance with the requirements of this Act and substantially in accordance with the approved plans; and

        (h)     any certificate obtained under section 39A or, if no certificate under that section has been obtained, a written statement to the effect that—

              (i)     the certifier is satisfied that the building or part of 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 39A is required; and

              (i)     if, in the certifier's view, the requirements of a specified subsection of section 53 have been satisfied—written advice that the building controller would be justified in issuing a certificate of occupancy in relation to the building work under that subsection; and

        (j)     subject to subsection (3), a copy of the following documents and papers relating to the building work:

              (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, granted or given;

              (iv)     any certificate or other document given or prepared by another person that the certifier has relied on for the purpose of issuing, granting or giving a document referred to in subparagraph (iii);

              (v)     the certifier's working papers and calculations that are relevant to the decision to issue, grant or give a document referred to in subparagraph (iii).

    (2)     The building controller may, in writing, exempt a certifier from compliance, in whole or in part, with any subparagraph of subsection (1) (j) in relation to building work specified in the exemption.

    (3)     A certifier is not required to give to the building controller a copy of a document or paper referred to in subsection (1) (j) if—

        (a)     he or she has already given to the building controller, under this Act, the document or paper, or a copy of the document or paper; or

        (b)     the building controller has exempted the certifier under subsection (2) from giving the copy.