BUILDING ACT 2016
- Act 25 of 2016 - Royal Assent 23 September 2016Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Object of Act
- 4 Interpretation
- 5 Responsible person
- 6 Act binds Crown
- 7 Act prevails
- 8 Delegation
- 9 Minister to approve certain statutory rules &c.
- 10 Application of Act to accretions from sea
PART 2 - Work to Comply with Act and National Construction Code
- 11 All work must comply with Act and National Construction Code
- 12 Compliance of existing buildings
- 13 National Construction Code may be modified in certain circumstances
- 14 Provisions of other standards
PART 3 - Administration Division 1 - Director of Building Control
- 15 Director of Building Control
- 16 Functions of Director of Building Control
- 17 General powers of Director of Building Control
- 18 Director of Building Control may authorise or accredit products
- 19 Director of Building Control may make or adopt guidelines
- 20 Director of Building Control may make determinations
- 21 Assistance to Director of Building Control
- 22 Compliance audit by Director of Building Control
- 23 Publication of documents by Director of Building Control
Division 2 - Permit authorities
- 24 Who is a permit authority
- 25 Functions of permit authorities
- 26 Powers of permit authority
- 27 Records of permit authority
Division 3 - Building surveyor
- 28 Who is a building surveyor
- 29 Person must not act as building surveyor
- 30 Functions of a building surveyor
- 31 Powers of building surveyors
- 32 Building surveyor must exercise powers
- 33 Building services provider may act as advisor
- 34 Building surveyor may seek second opinion on performance solution
- 35 Only one building surveyor to be engaged for work
- 36 Change of building surveyor at owner's request
- 37 Change of building surveyor at building surveyor's request
- 38 Change of building surveyor where both parties agree
- 39 Transfer of documents in certain circumstances
- 40 Notification of change of building surveyor
Division 4 - Other authorities
PART 4 - Parties to Work Division 1 - Designers
Division 2 - Builders
Division 3 - Plumbers
Division 4 - Owners
- 50 Owners
- 51 Change of parties involved in certain building work
- 52 Change of parties involved in certain plumbing work
PART 5 - Special Categories of Work Division 1 - Works on existing
buildings- 53 Existing buildings to be upgraded if altered
- 54 Alteration to existing exits and paths to exits
- 55 Change of building use or building classification
Division 2 - Works performed on boundaries
- 56 Party walls
- 57 Party structures
- 58 Rights of adjoining owners
- 59 Reply to notices
- 60 Work on party structures to be performed if agreed
- 61 Entry to premises
- 62 Expenses payable by owners
- 63 Liability not affected
- 64 Saving for easements
- 65 Resolution of differences
Division 3 - Works in hazardous areas
- 66 Interpretation
- 67 Works in hazardous areas
- 68 Works in landslip areas
- 69 Compensation not payable for certain damage to buildings erected in known landslip areas
- 70 Works on contaminated or undrainable premises
Division 4 - Miscellaneous works
- 71 Works on or around building line
- 72 Works that amend existing building boundary
- 73 Works involving, or in proximity of, existing drains
- 74 Works involving, or in proximity of, service easements
PART 6 - Protection Work
- 75 Interpretation
- 76 Protection work
- 77 Notice of proposed protection work
- 78 Absent or incapable adjoining owner
- 79 Adjoining owner may respond to protection work notice
- 80 Protection work to be performed if agreed
- 81 Effect of disagreement in relation to proposed protection work
- 82 Carrying out protection work
- 83 Insurance cover
- 84 Condition of adjoining premises
- 85 Entry to carry out protection work
- 86 Offence to prevent protection work
- 87 Plans of protection work
- 88 Expenses of adjoining owner
- 89 Compensation
- 90 Failure to perform adequate protection work
PART 7 - Low-risk Work
PART 8 - Notifiable Building Work Division 1 - General
- 93 Notifiable building work
- 94 Requirements for notifiable building work
- 95 Building surveyor to be engaged in respect of notifiable building work
Division 2 - Before performing notifiable building work
- 96 Notification before performing notifiable building work
- 97 Notice of work
- 98 Certificate of likely compliance (notifiable building work)
- 98A Certificate of likely compliance (notifiable building work) for certain special-use buildings
Division 3 - Performance of notifiable building work
- 99 Performing notifiable building work
- 100 Inspection of notifiable building work
- 101 Directions relating to non-compliant notifiable building work
Division 4 - Completion of notifiable building work
- 102 Completion of notifiable building work
- 103 Standard of work certificate (notifiable building work)
- 104 Certificate of completion (notifiable building work)
PART 9 - Notifiable Plumbing Work Division 1 - General
Division 2 - Before performing notifiable plumbing work
- 107 Notification before performing notifiable plumbing work
- 108 Notice of work
- 109 Certificate of likely compliance (notifiable plumbing work)
Division 3 - Performance of notifiable plumbing work
- 110 Performing notifiable plumbing work
- 111 Inspection of notifiable plumbing work
- 112 Directions relating to non-compliant notifiable plumbing work
Division 4 - Completion of notifiable plumbing work
- 113 Completion of notifiable plumbing work
- 114 Standard of work certificate (notifiable plumbing work)
- 115 Certificate of completion (notifiable plumbing work)
PART 10 - Notifiable Demolition Work Division 1 - General
- 116 Notifiable demolition work
- 117 Requirements for notifiable demolition work
- 118 Building surveyor to be engaged in respect of notifiable demolition work
Division 2 - Before performing notifiable demolition work
- 119 Notification before performing notifiable demolition work
- 120 Notice of work
- 121 Certificate of likely compliance (notifiable demolition work)
Division 3 - Performance of notifiable demolition work
- 122 Performing notifiable demolition work
- 123 Inspection of notifiable demolition work
- 124 Directions relating to non-compliant notifiable demolition work
Division 4 - Completion of notifiable demolition work
- 125 Completion of notifiable demolition work
- 126 Standard of work certificate (notifiable demolition work)
- 127 Certificate of completion (notifiable demolition work)
PART 11 - Permit Building Work Division 1 - General
Division 2 - Before performing permit building work Subdivision 1 -
Certificate of likely compliance (permit building work)- 130 Application for certificate of likely compliance (permit building work)
- 131 Required report from reporting authority
- 132 Determining application for certificate of likely compliance (permit building work)
- 132A Certificate of likely compliance (permit building work) for certain special-use buildings
- 133 Refusing application for certificate of likely compliance (permit building work)
- 134 Granting application for certificate of likely compliance (permit building work)
- 135 Duration of certificate of likely compliance (permit building work)
- 136 Variation of certificate of likely compliance (permit building work)
- 137 Revocation of certificate of likely compliance (permit building work) Subdivision 2 - Building permits
- 138 Building permit required before performing permit building work
- 139 Application for building permit
- 140 Additional application requirements for alternative performance solutions
- 141 Determining application for building permit
- 142 Refusal of application for building permit
- 143 Granting of application for building permit
- 144 Form of building permit
- 145 Conditions on building permit
- 146 Duration of building permit
- 147 Extension of duration of building permit
Division 3 - Performance of permit building work
- 148 Permit building work must be performed in accordance with building permit
- 149 Inspection of permit building work
- 150 Directions relating to non-compliant permit building work
Division 4 - Completion of permit building work
- 151 Standard of work certificate (permit building work)
- 152 Certificate of final inspection (building)
- 153 Certificate of completion (permit building work)
PART 12 - Permit Plumbing Work Division 1 - General
Division 2 - Before performing permit plumbing work Subdivision 1 -
Certificate of likely compliance (permit plumbing work)- 156 Application for certificate of likely compliance (permit plumbing work)
- 157 Required report from reporting authority
- 158 Determining application for certificate of likely compliance (permit plumbing work)
- 159 Refusing application for certificate of likely compliance (permit plumbing work)
- 160 Granting application for certificate of likely compliance (permit plumbing work)
- 161 Duration of certificate of likely compliance (permit plumbing work)
- 162 Variation of certificate of likely compliance (permit plumbing work)
- 163 Revocation of certificate of likely compliance (permit plumbing work) Subdivision 2 - Plumbing permit
- 164 Plumbing permit required before performing permit plumbing work
- 165 Application for plumbing permit
- 166 Additional application requirements for alternative performance solutions
- 167 Determining application for plumbing permit
- 168 Refusal of application for plumbing permit
- 169 Granting of application for plumbing permit
- 170 Form of plumbing permit
- 171 Conditions on plumbing permit
- 172 Duration of plumbing permit
- 173 Extension of duration of plumbing permit
Division 3 - Performance of permit plumbing work
- 174 Permit plumbing work must be performed in accordance with plumbing permit
- 175 Inspection of permit plumbing work
- 176 Directions relating to non-compliant permit plumbing work
Division 4 - Completion of permit plumbing work
- 177 Standard of work certificate (permit plumbing work)
- 178 Certificate of completion (permit plumbing work)
PART 13 - Permit Demolition Work Division 1 - General
Division 2 - Before performing permit demolition work Subdivision 1
- Certificate of likely compliance (permit demolition work)- 181 Application for certificate of likely compliance (permit demolition work)
- 182 Required report from reporting authority
- 183 Determining application for certificate of likely compliance (permit demolition work)
- 184 Refusing application for certificate of likely compliance (permit demolition work)
- 185 Granting application for certificate of likely compliance (permit demolition work)
- 186 Duration of certificate of likely compliance (permit demolition work)
- 187 Variation of certificate of likely compliance (permit demolition work)
- 188 Revocation of certificate of likely compliance (permit demolition work) Subdivision 2 - Demolition permits
- 189 Demolition permit required before performing permit demolition work
- 190 Application for demolition permit
- 191 Determining application for demolition permit
- 192 Refusal of application for demolition permit
- 193 Granting of application for demolition permit
- 194 Form of demolition permit
- 195 Conditions on demolition permit
- 196 Duration of demolition permit
- 197 Extension of duration of demolition permit
Division 3 - Performance of permit demolition work
- 198 Permit demolition work must be performed in accordance with demolition permit
- 199 Inspection of permit demolition work
- 200 Directions relating to non-compliant permit demolition work
Division 4 - Completion of permit demolition work
- 201 Standard of work certificate (permit demolition work)
- 202 Certificate of final inspection (demolition)
- 203 Certificate of completion (permit demolition work)
PART 14 - Maintenance Work
PART 15 - Defective Work
- 207 Defective work
- 208 Discovery of defective building work
- 209 Rectification of defective building work
- 210 Discovery of defective plumbing work
- 211 Rectification of defective plumbing work
- 212 Discovery of defective demolition work
- 213 Rectification of defective demolition work
PART 16 - Emergency Work
PART 17 - Occupancy Requirements Division 1 - Occupancy permit
- 216 Occupancy permit required
- 217 Application for occupancy permit
- 218 Form of application for occupancy permit
- 219 Required report from reporting authority
- 220 Determination of application for occupancy permit
- 221 Refusing application for occupancy permit
- 222 Granting application for occupancy permit
- 223 Issue of occupancy permits
- 224 Notification to permit authority of occupancy permit
- 225 Occupancy permit
- 226 Cancellation of occupancy permit
- 227 Duration of occupancy permit
Division 2 - Temporary occupancy permit
- 228 Occupancy of temporary structure
- 229 Temporary occupancy of existing building
- 230 Application for temporary occupancy permit
- 231 Refusing application for temporary occupancy permit
- 232 Granting temporary occupancy permit
- 233 Occupation in contravention of temporary occupancy permit
- 234 Cancellation of temporary occupancy permit
PART 18 - Actions for Non-compliance Division 1 - Interpretation
Division 2 - Notification of requirement to comply
- 237 Building notice
- 238 Plumbing notice
- 239 Fire upgrading report
- 240 Fire upgrading notice
- 241 Dilapidated building report
- 242 Dilapidated building notice
- 243 Representations relating to notices
- 244 Revocation of notices
Division 3 - Compliance orders
- 245 Emergency order
- 246 Building orders
- 247 Building order relating to illegal building work
- 248 Building order relating to fire hazards
- 249 Building order relating to dilapidated building
- 250 Plumbing orders
- 251 Court orders
- 252 Certain orders to be made within certain period
- 253 Permit authority to be notified of building order
- 254 Duration of orders
Division 4 - Process for illegal building work Subdivision 1 -
Certificate of substantial compliance- 255 Application for certificate of substantial compliance
- 256 Refusal of application for certificate of substantial compliance
- 257 Grant of application for certificate of substantial compliance Subdivision 2 - Permit of substantial compliance
- 258 Application for permit of substantial compliance
- 259 Refusal of application for permit of substantial compliance
- 260 Grant of application for permit of substantial compliance
- 261 Conditions on permit of substantial compliance
- 262 Duration of permit of substantial compliance
- 263 Effect of permit of substantial compliance
- 263A Extension of duration of permit of substantial compliance
Division 5 - Process for illegal plumbing work
- 264 Illegal plumbing work to be subject of plumbing permit
Division 6 - Failure to comply with compliance orders
- 265 Failure to comply with emergency, building or plumbing order
- 266 Possession of building
- 267 Demolition order
Division 7 - General matters
- 268 Endorsements on certificates
- 269 Recovery of performance costs
- 270 Recovery of compliance costs
- 271 Purchasing buildings and materials
- 272 Police assistance
- 273 Notification of completion of work
- 274 Amendment or revocation of building, plumbing or demolition orders
- 275 Compliance with Act in certain circumstances
PART 19 - Appeals and Determinations Division 1 - Appeals
- 276 Appeals relating to permits
- 277 Appeals relating to notifiable work
- 278 Appeals relating to orders
- 279 Appeals relating to protection work
- 280 Appeals relating to building surveyor
- 280A Appeals relating to reporting authority
- 281 Appeals relating to permit authority
- 282 Appeals relating to fire regulations
Division 2 - Determinations
- 283 Determination of application of relevant Code
- 284 Determination for modification or non-application of access provision of Code
Division 3 - General
PART 20 - Regulations Division 1 - Building Regulations
Division 2 - Plumbing Regulations
Division 3 - General provisions
- 291 General provisions
- 292 Inspection provisions
- 293 Fees
- 294 Exemptions
- 295 Savings and transitional
PART 21 - Miscellaneous Division 1 - Building administration fee
- 296 Building administration fee
- 297 Additional building administration fee payable in certain circumstances
- 298 Determination of cost of staged building work
- 299 Further information to be provided if requested
- 300 Payment of building administration fee
- 301 Offence for non-payment of building administration fee
- 302 Director of Building Control may waive, refund or recover building administration fee
Division 2 - Offences generally
- 303 Offences by bodies corporate
- 304 False and misleading statements
- 305 Offences relating to Director of Building Control
- 306 Offences relating to authorised persons
- 307 Offences relating to building surveyors
- 308 Habitation of certain buildings
- 309 Restriction on use of land
- 310 Prosecution of offences
- 311 Defence of compliance with Act
Division 3 - Evidence
- 312 Evidentiary provisions
- 313 Evidence of compliant building work
- 314 Evidence of compliant plumbing work
- 315 Evidence of compliant demolition work
- 316 Evidence of occupancy permit
- 317 Evidence of final inspection
- 318 Evidence of compliance
- 319 Evidence of authority
- 320 Authentication of documents
- 321 Reliance on certification
- 322 Reliance on actions of others
- 323 Evidence relating to infringement notice
Division 4 - Infringement notices
- 324 Infringement notices
Division 5 - Liability
- 325 Immunity from liability
- 326 Immunity from liability for building surveyor
- 327 Accrual of cause of action
Division 6 - General matters
- 328 Documents to be translated
- 329 Building Administration Fund
- 330 Transitional and savings provisions
- 330A Further amendment of regulations not prevented
- 331 Administration of Act
- 332 Legislation repealed
- 333 Legislation rescinded
- 334 Legislation revoked SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5
[ Note: This table has been automatically generated and may be incomplete. ]