BUILDING REGULATIONS 2012 - REG 32

BUILDING REGULATIONS 2012 - REG 32

32 .         Statements to accompany application (s. 39(8)(b))

        (1)         An application in relation to a building standard, other than a transitional bush fire application, must be accompanied by —

            (a)         a statement by an independent building surveyor setting out —

                  (i)         each risk to people, property or the environment that the building standard, if applied, prevents or minimises; and

                  (ii)         how each risk is quantified and measured for the building, incidental structure or demolition work that is the subject of the application; and

                  (iii)         if, and the extent to which, a risk would be increased if the building standard did not apply, or was modified in the way proposed by the applicant;

                and

            (b)         a statement of a second independent building surveyor, who has been approved by the Building Commissioner for the purposes of this paragraph, confirming that the second independent building surveyor has reviewed, and agrees with, the statement referred to in paragraph (a); and

            (c)         a statement of the applicant setting out the reasons for the applicant’s opinion that making the declaration on the application —

                  (i)         is in the public interest; or

                  (ii)         is consistent with the purpose of a written law or a Commonwealth law specified in the applicant’s statement.

        (2)         For the purposes of subregulation (1) a building surveyor is an independent building surveyor in relation to an application if —

            (a)         the building surveyor is neither an owner, nor an employee of the owner, of the land on which —

                  (i)         the building or incidental structure that is the subject of the application is, or is proposed to be, located; or

                  (ii)         the demolition work is proposed to be done;

                and

            (b)         the building surveyor is neither the person, nor an employee of the person, who is or proposes to be —

                  (i)         named as the builder on a building permit to do building work in respect of the building or incidental structure; or

                  (ii)         named as the demolition contractor on a demolition permit to do the demolition work.

        [Regulation 32 amended: Gazette 7 Feb 2017 p. 1161.]