Northern Territory Consolidated Acts

BUILDING ACT

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   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, &c.  

           Division 4--Building Appeals Board

   17.     Establishment of Appeals Board  
   18.     Schedule 2 to apply  
   19.     Functions and powers of Appeals Board  

           Division 5--General

   20.     Delegation by Minister and Director  

   PART 3--BUILDING PRACTITIONERS

           Division 1AA--Preliminary

   21A.    Definitions  
   21B.    Application  

           Division 1--Registration

   22.     Building practitioners to be registered  
   23.     Application for registration as building practitioner (other than as building contractor)  
   24.     Registration of building practitioner  
   24A.    Application for registration as building contractor  
   24B.    Registration of building contractors  
   24C.    Registration of building contractors (transitional)  
   24D.    Term of registration  
   24E.    Application for renewal of registration as building practitioner  
   24F.    Renewal of registration of building practitioner  
   24FA.   Practitioners Board may rely on certain reports and information  
   24FB.   Notice of decisions  
   24G.    Determinations  
   24H.    Certificate of registration  
   25.     Function of building practitioner to be carried out by natural person  
   25A.    Practitioners Board to be notified of changes to registration requirements  

           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 disciplinary action

   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 4--Appeals

   35.     Appellable decisions  
   36.     Appeal to Local Court  
   36A.    Nature of appeal  
   36B.    Determination of appeal  
   36C.    Decision on appeal is final  
   36D.    Operation and implementation of appellable decision  

           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, &c., of building certifiers

   42.     Director to be advised of permits, &c.  
   43.     Referrals to Director  
   44.     Referrals to other building certifiers  
   45.     Removal, &c., of building certifier  
   47.     Building certifier to refer applications to Director  
   48.     Director may exercise functions relating to building approvals, &c.  

   PART 4A--BUILDING CONTRACTORS

   48A.    Building work by building contractors  
   48B.    Building contract to be entered into  
   48C.    Declaration by building contractor about building work  
   48CA.   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.    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.     Codes, &c.  
   53.     Accreditation of building products, &c.  
   54.     Effect of accreditation  

   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--Approvals

   59.     Act and Building Regulations etc. to be complied with  
   60.     Historic buildings  

           Division 4--Miscellaneous

   60A.    Notification of change of building contractor  
   60B.    Amendment and cancellation of building permit  

   PART 7--COMMENCEMENT, INSPECTION AND CERTIFICATION OF BUILDING WORK

   61.     Building work to be insured  
   62.     Notification during building work  
   63.     Inspections  
   64.     Directions as to work  

   PART 8--OCCUPANCY PERMITS

           Division 1--Occupancy permits required

   65.     Occupancy permit to be obtained  
   66.     Buildings, &c., not to be used for public assembly without occupancy permit  

           Division 2--Applications for occupancy permits

   67.     Who may make application  
   68.     Schedule 3 to apply  
   69.     Declaration to accompany application  

           Division 3--Occupancy permits

   69A.    Documents to accompany application for occupancy permit  
   70.     Building suitable for occupation  
   71.     Occupancy permits  
   72.     Effect of occupancy permits  
   73.     Regulations – occupancy permits, &c.  

           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  
   75.     Schedule 3 to apply  
   76.     Conditions  

   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, &c.  
   94.     Entry on adjoining property to carry out protection works  
   95.     Offences by adjoining owner  
   96.     Lodgment of plans, &c., 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 11--BUILDING APPEALS

           Division 1--Appeals

   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--Appeals, &c., and procedure

   135.    Procedure generally  
   136.    Appeal, &c., to be rehearing  
   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.    Liability of officers, &c.  
   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  
   166A.   Certified copies of documents  
   167.    Evidentiary provisions  
   167AA.  Service of documents  
   167A.   Approved forms  
   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 to continue in force  
   175.    Commencement of Part 4A of Building Act  
   176.    Commencement of Part 4B of Building Act  
   177.    Commencement of Part 4C of Building Act  
   178.    Commencement of section 19 of Building Amendment Act 2004  
   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  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES