Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 53

    (1)     In this section:

"prescribed requirements", in relation to building work, means—

        (a)     the requirements of this Act; or

        (b)     the approved plans.

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).

    (2)     If building work involving the erection or alteration of a building has been completed in accordance with the prescribed requirements for the building work, the building controller shall, on an application by the owner of the parcel of land where the building work was carried out, issue a certificate that the building work has been completed in accordance with those requirements and that the building as erected or as altered is fit for occupation and use as a building of the class specified in the approved plans for that building work.

    (3)     If building work involving the erection or alteration of a building as completed is not strictly in accordance with the prescribed requirements for the building work but is substantially in accordance with those requirements, the building controller may, on an application made by the owner of the parcel of land where the building work has been carried out, issue a certificate that the building as erected or as altered, is fit for occupation and use as a building of the class specified in the approved plans for that building work.

    (4)     If part of a building has been erected in accordance with the prescribed requirements so far as they relate to that part of the building, the building controller may, on an application made by the owner of a parcel of land where the building is being erected, issue to the owner of the parcel of land a certificate that that part of the building is fit for occupation and use as a part of a building of the class specified in the approved plans in relation to the building work.

    (5)     If—

        (a)     a certificate of occupancy has been issued under subsection (4) in relation to a part of a building; and

        (b)     the building controller, on completion of the whole of the building work, issues a certificate of occupancy for the whole of the building;

the building controller shall cancel the certificate that relates to the part of the building.

    (6)     For this section—

        (a)     a certificate under a relevant law, that the plumbing, sewerage and drainage work carried out in the building work is in conformity with such of the prescribed requirements for the building work as relate to plumbing, sewerage and drainage work is evidence of that fact; and

        (b)     a certificate signed by an inspector under the Electricity Safety Act 1971 certifying that the electricity wiring work, as defined by the Electricity Safety Act 1971 , carried out in the building work is in conformity with such of the prescribed requirements for the building work as relate to that electricity wiring work is evidence of that fact.

    (7)     If building work involving the demolition of a building has been completed in accordance with the prescribed requirements for that building work, the building controller shall, on an application made by the owner of the parcel of land where the building work was carried out, issue a certificate to that effect.

    (8)     If 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 for that building work, the building controller shall, on an application made by the owner of the parcel of land where the building work was carried out, issue a certificate to that effect.

    (9)     For the purposes of determining, for this section, whether building work has been completed in accordance with the prescribed requirements, the building controller may have regard to the certificates and other documents given to him or her by the certifier under section 40.

    (10)     In this section:

"relevant law" means—

        (a)     the Water and Sewerage Act 2000 ; or

        (b)     the Water and Sewerage Regulations 2001 ; or

        (c)     the Canberra Sewerage and Water Supply Regulations in force immediately before the repeal of the Energy and Water Act 1988 .