BUILDING ACT 1993
BUILDING ACT 1993
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Objects of Act
4. Definitions
4A. Categories of building practitioner
5. Act to bind Crown
6. Application
PART 2--BUILDING ADMINISTRATION
Division 1--Director of Building Control
7. Director of Building Control
8. Functions and powers of Director
Division 2--Building Advisory Committee
9. Establishment of Advisory Committee
10. Schedule 2 to apply
11. Functions and powers of Advisory Committee
Division 3--Building Practitioners Board
12. Establishment of Practitioners Board
12A. Membership of Practitioners Board
12B. Procedure for choosing members for categories of building practitioner
13. Schedule 2 to apply
14. Functions and powers of Practitioners Board
16. Register of building practitioners
Division 4--Building Appeals Board
17. Establishment of Appeals Board
18. Schedule 2 to apply
19. Functions and powers of Appeals Board
Division 5--Delegations
20. Delegations by Minister and Director
20A. Delegations by Advisory Committee, Practitioners Board and Appeals Board
PART 3--BUILDING PRACTITIONERS
Division 1AA--Preliminary
21A. Definitions
21B. Application
Division 1--Registration
22. Building practitioners to be registered
22A. Appointment of nominee by corporation
23. Application for registration as building practitioner other than building contractor
24. Registration of building practitioner other than building contractor
24A. Application for registration as building contractor
24B. Registration of building practitioner as building contractor
24D. Term of registration
24E. Application for renewal of registration as building practitioner
24EA. Renewal of registration of building practitioner other than building contractor
24F. Renewal of registration of building contractor
24FA. Practitioners Board must have regard to particular information
24FAB. Practitioners Board may impose conditions on registration
24FB. Notice of decisions
24G. Determinations by Minister
24H. Certificate of registration
25. Registered individual to carry out or direct function of corporation as building practitioner
25A. Corporation registered as building practitioner to notify changes affecting registration
25B. Assessment of compliance with financial assets requirement
25C. Offence to perform function of building practitioner without required insurance policy
Division 2--Investigation of complaints by Director
26. Making complaint
27. Request for further information
28. Dismissal without investigation
29. Building practitioner to be informed
30. Investigation to be conducted
31. Investigation may be extended to other matters and other building practitioners
32. Production and inspection of documents
33. Building practitioners and others must cooperate during investigation
34. Action on completion of investigation
Division 3--Audit of building practitioners by Director
34A. Conduct of audit
34B. Building practitioner to be notified
34C. Audit may be extended to other building practitioners
34D. Production and inspection of documents
34E. Building practitioners must cooperate with auditor
34F. Action on completion of audit
Division 3A--Inquiries by Practitioners Board
34G. When inquiry to be held
34H. Inquiry into building practitioner who is no longer registered
34J. Constitution of Board for inquiry
34K. Conduct of inquiry generally
34L. Inquiry to be public
34M. Parties to inquiry
34N. Powers to compel evidence
34P. Decision on inquiry
34Q. Costs
34R. Publication of decision
Division 3B--Professional misconduct and failure to meet registration requirements
34S. Professional misconduct
34T. Disciplinary action by Inquiry Board
34U. Inquiry Board may direct audit
34V. Recovery of civil penalty
34VA. Suspension where building practitioner no longer meets registration requirements
34VB. Returning registration certificate after registration suspended or cancelled
34W. Effect of suspension
Division 3C--Disciplinary action for contravention of Commissioner's decision
34X. Application of Division
34Y. Disciplinary action by Practitioners Board
34Z. Notice of decision
Division 4--Review of decisions
35. Review by Tribunal
Division 5--General
37. Certificates to be displayed
37A. No interference with building practitioner by corporation
PART 4--BUILDING CERTIFIERS
Division 1--Private building certifiers
38. Functions of building certifiers
39. Other building certifiers not to be engaged
40. Building certifier or Director may rely on certificate
Division 2--Duties etc. of building certifiers
42. Maintaining register and advice to Director
43. Referrals to Director
44. Referrals to other building certifiers
45. Removal etc. of building certifier
47. Building certifier to refer applications to Director
48. Minister may direct performance of functions
PART 4A--BUILDING CONTRACTORS
48A. Building work by building contractors
48B. Building contract to be entered into
48C. Builder's declaration by building contractor about building work
48CA. Builder's declaration by corporation after prescribed event
PART 4B--OWNER-BUILDERS
48D. Owner-builders to hold certificate
48E. Application for owner-builder certificate
48F. Granting of owner-builder certificate
48G. Builder's declaration by owner-builder about building work
PART 5--BUILDING STANDARDS
49. Building Regulations – general power
50. Building Regulations – safety matters
51. Application of new regulations
52. Adopted codes and standards
53. Accreditation of building products and other things
54. Effect of accreditation
PART 5A--PRESCRIBED RESIDENTIAL BUILDING WORK -- CONSUMER PROTECTION
Division 1--Preliminary matters
54A. Application of Part
54AB. Prescribed residential building work and residential builders
54AC. Requirement for authorised RBI policy or fidelity certificate
54AD. Current owner
Division 2--Consumer guarantees for prescribed residential building work
54B. Consumer guarantees
54BA. Contracts not to exclude consumer guarantees or other rights
54BB. Current owner of land or building entitled to guarantees
54BC. Other consumer rights not affected
Division 3--Residential building insurance provided by approved insurers
54C. Residential building insurance
54CA. Approval of insurers
54CB. Authorised RBI policy
54CC. Provisions of authorised RBI policy
54CD. RBI policy document
54CE. Annual statement about claims
54CF. Notice of cessation as approved insurer
54CG. Directions by Minister
54CH. Offence to give misleading information or document
54CI. Insurer's liability not affected if given misleading information
54CJ. Regulations
Division 4--Fidelity certificates and approved fidelity fund schemes
54D. Fidelity certificate
54DA. Application for approval of fidelity fund scheme
54DB. Deciding application
54DC. Prudential standards for approved scheme
54DD. Compliance with conditions and prudential standards
54DE. Powers of Minister
54DF. Orders consequential on suspension or cancellation of approval
Division 5--Auditors and actuaries of approved scheme
54E. Appointment of auditor and actuary
54EA. Auditor's role
54EB. Actuary's role
54EC. Compliance with prudential standards
54ED. Notice to Minister about insolvency or contravention
54EE. Giving information to Minister
54EF. Appointment of special actuary to investigate liabilities
54EG. Special actuary's report
54EH. Obligations of trustees to auditor, actuary and special actuary
54EI. Protection of auditor, actuary and special actuary from liability
Division 6--Commissioner and consumer guarantee disputes
54F. Commissioner of Residential Building Disputes
54FA. Functions and powers of Commissioner
54FB. Technical inspection and report
54FC. Application to Commissioner for decision
54FD. Consumer guarantee dispute procedures generally
54FE. Concurrent consumer guarantee disputes and other contractual disputes
54FF. Regulations
PART 6--BUILDING PERMITS
Division 1--Building permit required
55. Building permit required
Division 2--Applications for building permits
56. Who may make application
57. Schedule 3 to apply
58. Further information may be requested by building certifier
58A. Building permits
Division 3--Grant of building permit
59. General requirements for grant of building permit
60. Historic buildings
Division 4--Miscellaneous
60A. Notification of change of building contractor
60B. Amendment and cancellation of building permit
PART 7--NOTIFICATIONS, INSPECTIONS AND DIRECTIONS
62. Notification during building work
63. Inspections
64. Directions as to work
PART 8--OCCUPANCY CERTIFICATION AND EXEMPTION CERTIFICATES
Division 1--Occupancy certification required
65. Occupancy certification to be obtained
66. Buildings etc. not to be used for public assembly without occupancy permit
Division 2--Occupancy permits
67. Application
69. Builder's declaration to accompany application
70. Granting occupancy permit
72. Effect of occupancy permits
Division 2A--Certificates of substantial compliance
72A. Application
72B. Granting certificate of substantial compliance
72C. Effect of certificate of substantial compliance
Division 3--Certificates of existence
72D. Application
72E. Building certifier's recommendation to Director
72F. Granting certificate of existence
72G. Effect of certificate of existence
Division 3A--Exemption certificates and validation of exemptions
73A. Exemption certificate and prescribed certification
73B. Schedule 4 applies
73C. Entitlement to apply for exemption certificate
73D. Validation of exemptions and occupancy permits
Division 4--Temporary occupation
74. Temporary occupation of buildings
76. Conditions
Division 5--General matters
76A. Further information may be required
76B. Application of and information in occupancy certification
76C. Application of Schedule 3
76D. Liability for offences prior to grant of occupancy certification
PART 9--PROTECTION OF ADJOINING PROPERTY
77. Protection work to be carried out
78. Notice of building work to be given
79. Owner of adjoining property to respond to notice
80. Effect of agreement
81. Effect of disagreement
82. Appeals
83. Decisions of Appeals Board on appeals
84. Work not to be carried out until protection requirements met
85. Emergency procedures
86. Emergency protection works
87. Absent or incapable owners
88. Appointment of agents for owners
89. Liability not affected
90. Inspection of plans
91. Building owner to arrange insurance cover
92. Record of condition of adjoining property
93. Work to conform to Regulations etc.
94. Entry on adjoining property to carry out protection works
95. Offences by adjoining owner
96. Service of plans after completion of work
97. Saving for easements
98. Expenses of adjoining owner
99. Compensation
PART 10--ENFORCEMENT OF SAFETY AND BUILDING STANDARDS
Division 1--Emergencies
100. Emergency orders
101. Work may be carried out by Director
102. Police assistance
103. Completion of work
104. Appeals
105. Duration of order
106. Contravention of emergency order
Division 2--Building notices and orders
107. Fire hazards
108. Building notices
109. Building notices by building certifiers
110. Content of notice
111. Representations by owner
112. Building orders
113. Contents of building orders
114. Building orders to stop building work
115. Director to be notified
116. Fire upgrading reports
117. Assistance of Fire Service
118. Representations by owner
119. Building orders relating to fire hazards
120. Failure to comply with order of building certifier
121. Work may be carried out by Director
122. Police assistance
123. Completion of work
124. Appeals
125. Amendment or cancellation of certain building orders
126. Onus of proof on appeals
127. Duration of order
128. Contravention of building order
129. Register of orders
PART 10A--APPEALS BOARD AND DISABILITY ACCESS DECISIONS
Division 1--Preliminary matters
129A. Definitions
129B. Disability access provisions
129C. Application of Part 11
Division 2--Alternative solution decisions and access modification decisions
129D. Application for alternative solution decision
129E. Alternative solution decision
129F. Application for access modification decision
129G. Access modification decision
129H. Circumstances to be taken into account for access modification decision
Division 3--General matters
129J. Notice and registration of disability access decision
129K. Effect of disability access decision
PART 11--APPEALS AND APPLICATIONS TO APPEALS BOARD GENERALLY
Division 1--General matters
130. Who may appeal
130A. How appeal is commenced
131. Modification of application of Building Regulations
132. Sittings of Appeals Board
133. Constitution of Appeals Board in a matter
134. Authentication of documents
Division 2--Procedures for appeals, referrals and applications
135. Procedure generally
136. Fresh hearing
137. Decisions of Appeals Board
138. Decision of Appeals Board to be final
139. Form of appeals and applications
140. Decisions – form
141. Evidence of determinations
142. Enforcement of determinations
143. Adjournments
144. Hearings to be open
145. Rights of representation
146. Attendance of witnesses
147. Witnesses to answer questions
148. Evidence on oath
149. Costs
PART 12--GENERAL ENFORCEMENT PROVISIONS
150. Prosecution of offences
151. Offences by corporations
152. Additional orders that may be made by the Court
PART 13--LIABILITY
153. Protection from liability
159. Application of limitation on taking action
160. Limitation on time when action may be taken
161. Effect of other legislation
PART 14--MISCELLANEOUS
162. Access to buildings and land
163. Access to residential premises
164. Additional powers of authorised officer
165. Access where safety of public at risk
166. Offences
166AA. Acquisition on just terms
166A. Certified copies of documents
167. Evidentiary provisions
167AA. Service of documents
167A. Approved forms
167B. Guidelines
168. Regulations
PART 15--REPEALS AND TRANSITIONAL MATTERS FOR BUILDING ACT 1993
169. Repeal
170. Matters in process before commencement of this Act
171. Repeal of Regulations and savings
172. Transitional Regulations
PART 15A--BUILDING AREAS BEFORE 16 SEPTEMBER 2004
172A. Retrospective application of declaration
172B. Validation of things done or omitted before 16 September 2004
PART 15C--TRANSITIONAL MATTERS FOR PART 2 OF BUILDING AMENDMENT ACT 2005
172H. Regulations may contain savings or transitional provisions
PART 16--TRANSITIONAL MATTERS FOR BUILDING AMENDMENT ACT 2004
173. Renewal of registration granted before commencement of Building Amendment Act 2004
174. Determinations under section 14 of Building Act 1993 to continue in force
175. Commencement of Part 4A of Building Act 1993
176. Commencement of Part 4B of Building Act 1993
179. Transitional Regulations
PART 17--TRANSITIONAL MATTERS FOR BUILDING LEGISLATION AMENDMENT ACT 2010
180. Definitions
181. Application for exemption certificate
182. Declaration made by corporation after commencement day for building work completed before commencement day
183. Declaration made by owner-builder after commencement day for building work completed before commencement day
PART 18--TRANSITIONAL MATTERS FOR BUILDING AMENDMENT (REGISTRATION AND OTHER MATTERS) ACT 2012
184. Definition
185. Application of Part
186. Replacement provisions apply to existing registration applications
187. Requirement to continue to hold determined net financial assets
188. Compliance with supervision requirement
189. Continuation of delegations
PART 19--TRANSITIONAL MATTERS FOR BUILDING AMENDMENT (RESIDENTIAL BUILDING CONSUMER PROTECTION) ACT 2012
190. Definitions
191. Continuation of building permit and approved insurance policy for relevant building work
192. Relevant building work under residential building contract
193. Relevant building work for which residential building contract not required
PART 20--TRANSITIONAL MATTERS FOR BUILDING AMENDMENT (OCCUPANCY CERTIFICATION) ACT 2016
194. Definitions
195. Applications for certificate of occupancy under repealed Act
196. Relevant applications – building certifiers
197. Application in relation to building work approved or commenced before commencement
198. Period of cover under approved insurance policy
PART 21--TRANSITIONAL MATTERS FOR BUILDING AMENDMENT ACT 2022
200. Definitions
201. Application of increased inquiry period to building practitioners whose registration ceased before commencement
202. Application of increased amount of civil penalty to professional misconduct engaged in before commencement
203. Application of increased amount of civil penalty to contraventions of Commissioner's decision before commencement
PART 22--TRANSITIONAL MATTERS FOR BUILDING LEGISLATION AMENDMENT ACT 2023
Division 1--Transitional matters for stage 1 amendments
204. Definitions
205. NTCAT review limited to decisions made after commencement
206. Appeals not commenced before commencement
207. Appeals not determined before commencement
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
ENDNOTES
