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
   15.     [Repealed]
   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
   21.     [Repealed]

   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 a 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

   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
   41.     [Repealed]

           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
   46.     [Division 3] [Repealed]

           Division 4 - Approvals for Public Assembly Places, &c.

   47.     Building certifier to refer applications to Director

           Division 5 - Approvals, &c., by 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.    Building work to be certified

   PART 4B - OWNER-BUILDERS

   48D.    Owner-builders to hold certificate
   48E.    Application for owner-builder certificate
   48F.    Granting of owner-builder certificate
   48G.    Building work to be certified

   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 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.    Contents of notices
   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.    Oaths
   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.
   154.    - 158. [Repealed]
   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
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Endnotes