BUILDING REGULATIONS 2012 - REG 40

BUILDING REGULATIONS 2012 - REG 40

40 .         Extension of period of duration of time limited occupancy permit or building approval certificate (s. 65)

        (1)         In this regulation —

        application means an application made under section 65(1);

        expiry day , in relation to an occupancy permit or a building approval certificate, means the day on which the permit or certificate ceases to have effect.

        (2)         A permit authority may, by written notice, refuse to accept an application made after the expiry day for the occupancy permit or building approval certificate if —

            (a)         the permit authority is satisfied that the delay in making the application was unreasonable in the circumstances; or

            (b)         the application is made more than 30 days after the expiry date for the permit.

        (3)         If an application is made before the expiry day for an occupancy permit or a building approval certificate and has not been determined by the expiry day, the permit or certificate continues to have effect on and from expiry day until —

            (a)         the permit authority extends or refuses to extend the permit or certificate; or

            (b)         the applicant withdraws the application; or

            (c)         a notice of completion in respect of the building to which the permit or certificate relates is given to the permit authority; or

            (d)         a period of 30 days has elapsed since the expiry of the building permit for the building.

        (4)         If an application made after the expiry day for an occupancy permit or a building approval certificate is accepted by the permit authority, the permit or certificate is to be taken to have had effect on and from the day immediately following the expiry day until —

            (a)         the permit authority extends or refuses to extend the permit or certificate; or

            (b)         the applicant withdraws the application; or

            (c)         a notice of completion in respect of the building to which the permit or certificate relates is given to the permit authority; or

            (d)         a period of 30 days has elapsed since the expiry of the building permit for the building.

        (5)         If a permit authority refuses to extend the time during which an occupancy permit or a building approval certificate has effect or extends the permit or certificate for a shorter period than the period requested by the applicant, the permit authority must —

            (a)         record the grounds on which the decision is based and the reasons for the decision; and

            (b)         as soon as is practicable, but in any case not later than 5 business days after making the decision, give to the applicant written notice of the decision together with those grounds and reasons, and the person’s right of review under section 121(2).