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BUILDING ACT 1993 - SCHEDULE 2

BUILDING ACT 1993 - SCHEDULE 2

Schedule 2—Procedures for building permits and occupancy permits

Ss 18, 42, 54

        1     Form of application

An application must—

Sch. 2 cl. 1(a) substituted by No. 66/2004 s. 9(4).

        (a)     contain the prescribed information; and

Sch. 2 cl. 1(b) amended by No. 11/2023 s. 50.

        (b)     contain any matters, and be accompanied by any documents, prescribed for the purposes of this clause or under this Act; and

Sch. 2 cl. 1(c) amended by No. 71/1995 s. 24.

        (c)     be accompanied by the fees—

Sch. 2 cl. 1(c)(i) amended by No. 9/2020 s. 390(Sch.  1 item 8.4).

              (i)     determined by the council in accordance with the Local Government Act 2020; or

              (ii)     in the case of an application to a private building surveyor, determined by the private building surveyor; and

Sch. 2 cl. 1(d) inserted by No. 71/1995 s. 24, amended by No. 28/2000 s. 17(1).

        (d)     be accompanied by the appropriate prescribed lodgement fee (if any); and

Sch. 2 cl. 1(e) inserted by No. 28/2000 s. 17(1), amended by Nos 68/2001 s. 13(2)(a), 66/2004 s. 20(1).

        (e)     if the relevant building surveyor is required to give a copy of the application to an authority which is a reporting authority, be accompanied by the relevant fees (if any) fixed by the reporting authority under clause 4 for payment to the reporting authority.

        2     Building surveyor may request more information

    (1)     The relevant building surveyor may require an applicant to provide additional information or documents or to amend the application before the relevant building surveyor deals with or deals further with the application.

    (2)     The prescribed time within which the relevant building surveyor must decide an application for a permit—

        (a)     ceases to run at the time when the relevant building surveyor requires the applicant to provide additional information or documents or amend the application; and

        (b)     recommences to run only when the information, documents or amended application are supplied to the relevant building surveyor.

        3     Application may be refused if information not provided

    (1)     If additional information or a document or an amended application required to be supplied by an applicant is not supplied within the time specified by the relevant building surveyor, the relevant building surveyor may refuse the application.

    (2)     Before refusing an application under subclause (1), the relevant building surveyor must give the applicant 30 days notice in writing of his or her intention to refuse the application.

        4     Reporting authorities must be consulted

Sch. 2 cl. 4(1) amended by No. 28/2000 s. 17(2).

    (1)     Subject to this Schedule, the relevant building surveyor must not decide an application for a permit that is required by this Act or the regulations or by any other Act or regulations to be reported on, or consented to, by a reporting authority unless the report or consent has been obtained.

    (2)     Unless exempted by this Schedule, the relevant building surveyor must give a copy of an application to each reporting authority within the prescribed time after the application is received by the relevant building surveyor.

Sch. 2 cl. 4(3) inserted by No. 28/2000 s. 17(3).

    (3)     The relevant building surveyor must forward to a reporting authority with the copy of an application, any fees paid to the building surveyor under clause 1(e) in respect of that application and that reporting authority.

Sch. 2 cl. 4(4) inserted by No. 66/2004 s. 20(2).

    (4)     A reporting authority may fix fees (not exceeding the maximum fees prescribed for the purposes of this clause) for applications or classes of applications referred to it under this Act or the regulations.

Sch. 2 cl. 4(5) inserted by No. 66/2004 s. 20(2), amended by No. 9/2020 s. 390(Sch.  1 item 8.4).

    (5)     If the reporting authority is a council, the fees must be determined in accordance with the Local Government Act 2020 .

Sch. 2 cl. 4(6) inserted by No. 66/2004 s. 20(2).

    (6)     A reporting authority other than a council must publish a notice in the Government Gazette of any fees fixed by it under this clause.

Sch. 2 cl. 4A inserted by No. 30/2001 s. 7.

        4A     Reporting authority must have regard to section 188A guidelines in some cases

    (1)     This clause applies if—

        (a)     a reporting authority is required by this or any other Act or by the regulations to report on, or to consent to, an application for a building permit for a single dwelling, within the meaning of section 188A(4); and

        (b)     the regulations provide that section 188A applies to applications of that kind.

    (2)     In reporting on, or considering whether to consent to, the application, the reporting authority

        (a)     must have regard to the guidelines for the time being in force under section 188A; and

        (b)     in having regard to those guidelines, if in the opinion of the reporting authority the application may result in a nearby allotment suffering detriment, must give the owner of the allotment an opportunity to make a submission in respect of the possible detriment; and

        (c)     must consider any submission made under paragraph (b); and

        (d)     must refuse to give its consent to the application if the application does not comply with any matter set out in those guidelines.

        5     Applicant may obtain report or consent

    (1)     An applicant for a permit may obtain a required report or consent from a reporting authority.

Sch. 2 cl. 5(1A) inserted by No. 28/2000 s. 17(4), amended by Nos 68/2001 s. 13(2)(b)(i) (ii), 66/2004 s. 20(3).

    (1A)     If the applicant applies for a consent or report to a reporting authority, the application must be accompanied by the relevant fees (if any) fixed by the reporting authority under clause 4.

    (2)     An applicant for a permit must notify the relevant building surveyor when the application is made as to whether the applicant has applied or intends to apply for any required report or consent by a reporting authority;

    (3)     The relevant building surveyor need not obtain a report or consent from a reporting authority if the applicant—

        (a)     notifies the building surveyor that the applicant has applied for or intends to apply for that report or consent; or

        (b)     supplies the relevant building surveyor with a copy of the report made in the last 12 months or of the consent.

    (4)     An applicant who applies for and obtains a required report or consent must supply a copy of the report or consent to the relevant building surveyor

        (a)     when the application for the permit is made; or

        (b)     within any further time that is prescribed or allowed by the building surveyor.

        6     What if a reporting authority (other than a council or council officer) fails to supply a report or consent?

    (1)     Despite anything to the contrary in the regulations or any other Act or regulations, the relevant building surveyor may proceed to decide an application without a report being obtained if a copy of the report is not supplied by the reporting authority (other than a council or an officer of a council) within the prescribed time.

Sch. 2 cl. 6(2) amended by No. 21/2017 s. 99.

    (2)     A reporting authority (other than a council or an officer of a council) is taken to have consented to a permit if the authority has not within the prescribed time informed the relevant building surveyor or the applicant of—

        (a)     its consent to the application; or

        (b)     refusal of consent and the reasons for that refusal.

Sch. 2 cl. 6(3) inserted by No. 71/1995 s. 25.

    (3)     An applicant for a permit may appeal to the Building Appeals Board against a failure of a reporting authority which is a council or an officer of a council to inform the relevant building surveyor or the applicant within the prescribed time of—

        (a)     its consent to the application; or

        (b)     its refusal of consent and the reasons for that refusal.

Sch. 2 cl. 6(4) inserted by No. 71/1995 s. 25.

    (4)     The Building Appeals Board must consider an appeal under subclause (3) and may make any order that it considers appropriate in the circumstances.

Sch. 2 cl. 6(5) inserted by No. 28/2000 s. 17(5).

    (5)     This clause does not apply to a responsible authority under the Planning and Environment Act 1987 in its capacity as a reporting authority for the purposes of section 29A of this Act.

Sch. 2 cl. 6(6) inserted by No. 30/2001 s. 8.

    (6)     A reference in this clause to a council, with respect to an application, is to be read as including a reference to any reporting authority that has to comply with clause 4A(2) in reporting on, or considering whether to consent to, the application.

Sch. 2 cl. 6A inserted by No. 28/2000 s. 18.

        6A     What if the reporting authority is the responsible authority under the Planning and Environment Act 1987?

    (1)     This clause applies only to a responsible authority under the Planning and Environment Act 1987 in its capacity as a reporting authority for the purposes of section 29A of this Act.

    (2)     Despite anything to the contrary in the regulations or any other Act or regulations, the relevant building surveyor may proceed to decide an application without a report being obtained if a copy of the report is not supplied by the reporting authority within the prescribed time.

Sch. 2 cl. 6A(3) amended by No. 21/2017 s. 99.

    (3)     Subject to subclause (4), a reporting authority is taken to have consented to a permit if the authority has not within the prescribed time informed the relevant building surveyor of—

        (a)     its consent to the application; or

        (b)     its refusal of consent and the reasons for that refusal.

Sch. 2 cl. 6A(4) amended by No. 21/2017 s. 99.

    (4)     A reporting authority is taken to have refused to consent to a permit if—

        (a)     the authority is required under section 29A to refuse its consent; and

        (b)     the authority has not within the prescribed time informed the relevant building surveyor of that refusal.

        7     Relevant building surveyor must consider report

    (1)     The relevant building surveyor must consider any report of a reporting authority supplied under this Schedule before deciding the relevant application for a permit.

    (2)     In deciding an application, the relevant building surveyor must implement the recommendations of a prescribed reporting authority in relation to a prescribed matter.

    (3)     Except as provided in subclause (2), the relevant building surveyor is not required to implement any of the recommendations in a report by a reporting authority.

Sch. 2 cl. 7(4) inserted by No. 28/2000 s. 19.

    (4)     For the purposes of subclause (2) and without limiting that subclause—

        (a)     a responsible authority under the Planning and Environment Act 1987 is a prescribed reporting authority; and

        (b)     a demolition to which section 29A applies is a prescribed matter.