Tasmania: Building Act 2016 (Tas)

Building Act 2016 An Act to regulate the construction, maintenance and demolition of buildings and other building and plumbing matters [Royal Assent 23 September 2016] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Building Act 2016 . 2. Commencement This Act commences on a day to be proclaimed. 3. Object of Act The objects of this Act are to – (a) ensure that – (i) building work, plumbing work and demolition work, including the design, and maintenance of domestic, commercial and industrial buildings, meets, or exceeds, the minimum national construction standards; and (ii) building work, plumbing work, demolition work and maintenance work do not negatively affect the health and safety of people; and (iii) owners, building services providers, practitioners and councils comply with the requirements of this Act and the National Construction Code when performing work, or performing functions and exercising powers, under this Act; and (b) provide for – (i) the creation of buildings that are accessible to, and contain facilities for, people with disabilities; and (ii) the creation of energy-efficient and water-efficient, and sustainable, buildings that minimise impact on the environment; and (iii) the legal protection of building services providers, practitioners and owners in certain circumstances in respect of work performed in accordance with this Act; and (c) facilitate and promote cost-effective construction of buildings; and (d) encourage an efficient, innovative and competitive building industry. 4. Interpretation (1) In this Act – appeal tribunal means the Tasmanian Civil and Administrative Tribunal; approved means approved by the Director of Building Control; as-constructed plans means plans, in a form and containing such details as determined by the Director of Building Control, that specify how work has been constructed under this Act; authorised person includes – (a) the Director of Building Control; and (b) a building surveyor; and (c) a permit authority; and (d) (e) any other prescribed person; builder, in relation to building work or demolition work, means – (a) a person engaged, to manage or carry out building work or demolition work, by the owner of premises where the work is to be performed; and (b) if such a person does not exist, the owner of such premises; building includes – (a) a building or a proposed building; and (b) a part of a building or proposed building; and (c) a structure or a proposed structure; and (d) a part of a structure or proposed structure; building administration fee means the fee payable in respect of work under Division 1 of Part 21 ; building notice means a building notice issued under section 237 ; building order means a building order served under section 246 , 247 , 248 or 249 ; building permit means a building permit issued under section 143 ; Building Regulations means regulations made under this Act that relate to building work or demolition work; building services provider has the same meaning as in the Occupational Licensing Act 2005 ; building services work has the same meaning as in the Occupational Licensing Act 2005 ; building surveyor – see section 28 ; building work means work consisting of, or relating to – (a) erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or removing a building; or (b) adding to a building; or (c) excavating, or filling, that is incidental to an activity referred to in paragraph (a) or (b); or (d) any other prescribed work; business day means a day that is not a Saturday, a Sunday, a statutory holiday as defined in the Statutory Holidays Act 2000 or a public holiday throughout the State; certificate of completion includes – (a) a certificate of completion (notifiable building work); and (b) a certificate of completion (notifiable plumbing work); and (c) a certificate of completion (notifiable demolition work); and (d) a certificate of completion (permit building work); and (e) a certificate of completion (permit plumbing work); and (f) a certificate of completion (permit demolition work); certificate of completion (notifiable building work) means a certificate of completion (notifiable building work) issued under section 104 ; certificate of completion (notifiable demolition work) means a certificate of completion (notifiable demolition work) issued under section 127 ; certificate of completion (notifiable plumbing work) means a certificate of completion (notifiable plumbing work) issued under section 115 ; certificate of completion (permit building work) means a certificate of completion (permit building work) issued under section 153 ; certificate of completion (permit demolition work) means a certificate of completion (permit demolition work) issued under section 203 ; certificate of completion (permit plumbing work) means a certificate of completion (permit plumbing work) issued under section 178 ; certificate of final inspection (building) means a certificate of final inspection (building) issued under section 152 ; certificate of final inspection (demolition) means a certificate of final inspection (demolition) issued under section 202 ; certificate of likely compliance includes – (a) a certificate of likely compliance (notifiable building work); and (b) a certificate of likely compliance (notifiable plumbing work); and (c) a certificate of likely compliance (notifiable demolition work); and (d) a certificate of likely compliance (permit building work); and (e) a certificate of likely compliance (permit plumbing work); and (f) a certificate of likely compliance (permit demolition work); certificate of likely compliance (notifiable building work) means a certificate of likely compliance (notifiable building work) issued under section 98 ; certificate of likely compliance (notifiable demolition work) means a certificate of likely compliance (notifiable demolition work) issued under section 121 ; certificate of likely compliance (notifiable plumbing work) means a certificate of likely compliance (notifiable plumbing work) issued under section 109 ; certificate of likely compliance (permit building work) means a certificate of likely compliance (permit building work) issued under section 134 ; certificate of likely compliance (permit demolition work) means a certificate of likely compliance (permit demolition work) issued under section 185 ; certificate of likely compliance (permit plumbing work) means a certificate of likely compliance (permit plumbing work) issued under section 160 ; certificate of substantial compliance means a certificate of substantial compliance provided under section 257 ; classification means classification under the National Construction Code; defective work – see section 207 ; demolition order means a demolition order under section 267 ; demolition permit means a demolition permit issued under section 193 ; demolition work is building work that – (a) completely, or partially, demolishes a building or structure by pre-planned and controlled methods or procedures; and (b) does not include the building of any new building or structure, or associated building works; designer means the person performing design work under this Act; dilapidated building means a building that, because of neglect, disrepair, defacement or damage, is of an appearance that is unsightly, particularly in comparison with its surroundings; Director of Building Control means the person appointed under section 15(1) as the Director of Building Control; emergency order means an emergency order made under section 245 ; emergency work – see section 214 ; environmental health officer has the same meaning as in the Public Health Act 1997 ; essential building services means the features of a building, or the measures in or associated with a building, that are prescribed for the purposes of this definition; farm building has the same meaning as in the National Construction Code; fire source feature has the same meaning as in the National Construction Code; function control authority means an authority that is prescribed for the purposes of this definition; Fund means the Building Administration Fund continued in force under section 329 ; hazardous area includes land that has the following attributes or risks: (a) land that is prone to bushfire, landslip or flooding; (b) land that is subject to slope instability; (c) land that is subject to erosion or coastal inundation; (d) land that is subject to sea level rises or storm surges; (e) land that is contaminated, filthy or undrainable; (f) land that has any prescribed attributes or is prone to any prescribed risks; historic building means a building entered in the Heritage Register under the Historic Cultural Heritage Act 1995 ; licensed builder, in relation to building work, means – (a) the holder of a building services licence under the Occupational Licensing Act 2005 that authorises the holder of the licence to perform the building work; or (b) an owner builder who holds an owner builder permit under that Act that authorises the owner builder to perform the building work; licensed plumber, in relation to plumbing work, means the holder of a licence under the Occupational Licensing Act 2005 that authorises the holder of the licence to perform the plumbing work; low-risk building work – see section 91(1)(a) ; low-risk demolition work – see section 91(1)(c) ; low-risk plumbing work – see section 91(1)(b) ; low-risk work includes low-risk building work, low-risk plumbing work and low-risk demolition work; National Construction Code means the National Construction Code series published by the Australian Building Codes Board, as amended or substituted from time to time; notice of work means – (a) in the case of notifiable building work, a notice of work under section 97 ; and (b) in the case of notifiable plumbing work, a notice of work under section 108 ; and (c) in the case of notifiable demolition work, a notice of work under section 120 ; notifiable building work – see section 93 ; notifiable demolition work – see section 116 ; notifiable plumbing work – see section 105 ; notifiable work includes notifiable building work, notifiable plumbing work and notifiable demolition work; occupancy permit means an occupancy permit issued under section 223 ; owner, in relation to premises, includes the following persons: (a) every person who jointly or severally, whether at law or in equity, is entitled to the premises for any estate in freehold in possession; (b) a person who has contracted to buy the premises; (c) in the case of premises that are subject to a mortgage, the person for the time being holding the equity of redemption in that mortgage; (d) in the case of premises held under a tenancy for life, the person who is the life tenant; (e) in the case of premises held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the premises; (f) if the premises are Crown land, the Minister, authority or other person responsible for the management of the land; (fa) in the case of premises where defective work is found, an occupier of the premises who has contractually authorised the performance of the building work in those premises – (i) that was the defective work; or (ii) that resulted in the discovery of the defective work; (g) any other person holding a prescribed interest in the premises; owner builder means the holder of an owner builder permit under the Occupational Licensing Act 2005 ; party structure includes – (a) a wall that – (i) forms part of a building; and (ii) separates adjoining buildings that belong to different owners or that are occupied by different persons; and (b) a wall, forming part of a building, that stands – (i) outside the footings of the building; and (ii) on lands that belong to more than one owner; and (c) a wall, partition, arch, floor or other structure separating buildings vertically or horizontally that is approached by a distinct staircase or separate entrance; performance solution has the same meaning as in the National Construction Code; permit authority – see section 24 ; permit building work – see section 128 ; permit demolition work – see section 179 ; permit of substantial compliance means a permit of substantial compliance granted under section 260 ; permit plumbing work – see section 154 ; permit work includes permit building work, permit plumbing work and permit demolition work; plumbing installation includes – (a) a system of water supply; and (b) a system of sewage or sullage drainage or disposal; and (c) a system of stormwater drainage, roof drainage or trade waste drainage; and (d) an on-site system, for the management or re-use of waste water, that is – (i) a disposal or treatment system servicing one or more blocks; or (ii) an on-site composting toilet or system; or (iii) an on-site incinerating toilet; and (e) any other prescribed system; plumbing order means a plumbing order served under section 250 ; plumbing permit means a plumbing permit issued under section 169 ; Plumbing Regulations means regulations made under this Act that relate to plumbing work; plumbing work means any work relating to – (a) installing, altering or maintaining a plumbing installation; or (b) any other prescribed work; premises includes – (a) land or part of land; and (b) a building; and (c) any other thing as is prescribed; protection work – see section 76(1) ; publish – see section 23 ; regulations means regulations made under this Act; reporting authority means a body or organisation prescribed for the purpose of this definition; required report means a report made by a reporting authority as part of the process of determining an application under this Act; responsible person – see section 5 ; special-use building means a building, or a class of buildings, that the Director has determined to be used for a special purpose; specified means specified by the Director of Building Control; staged permit means a building permit, plumbing permit or demolition permit that is issued in respect of a stage of work under this Act; standard of work certificate includes – (a) a standard of work certificate (notifiable building work); and (b) a standard of work certificate (notifiable plumbing work); and (c) a standard of work certificate (notifiable demolition work); and (d) a standard of work certificate (permit building work); and (e) a standard of work certificate (permit plumbing work); and (f) a standard of work certificate (permit demolition work); standard of work certificate (notifiable building work) means a standard of work certificate (notifiable building work) provided in accordance with section 103 ; standard of work certificate (notifiable demolition work) means a standard of work certificate (notifiable demolition work) provided in accordance with section 126 ; standard of work certificate (notifiable plumbing work) means a standard of work certificate (notifiable plumbing work) provided in accordance with section 114 ; standard of work certificate (permit building work) means a standard of work certificate (permit building work) provided in accordance with section 151 ; standard of work certificate (permit demolition work) means a standard of work certificate (permit demolition work) provided in accordance with section 201 ; standard of work certificate (permit plumbing work) means a standard of work certificate (permit plumbing work) provided in accordance with section 177 ; start-work authorisation means authorisation to start work provided under section 99(1)(c) , section 110(1)(c) or section 122(1)(c) ; temporary occupancy permit means a temporary occupancy permit issued under section 232 ; temporary structure includes – (a) a booth, tent or other temporary enclosure, whether or not part of the booth, tent or temporary enclosure is permanent; and (b) a temporary seating structure; and (c) a structure prescribed for the purposes of this definition; work includes building work, plumbing work and demolition work. (2) For the purposes of this Act, the nature, purpose or use of a building is – (a) to be determined from the design of the building; or (b) if the building is suitable for different purposes or uses by its design, to be determined according to its most natural purpose or use as inferred from its design, its situation and the declared intention of the owner at the relevant time. (3) For the purposes of this Act – (a) a reference in this Act to the class of a building is a reference to that class as set out in the National Construction Code; and (b) if the class of a building is unclear or disputed, the relevant building surveyor for the building must classify it as belonging to the class of building it most closely resembles. 5. Responsible person (1) For the purposes of this Act, the responsible person for building work is – (a) the licensed builder who is intending to perform, or who is performing or has performed, the building work; or (b) if there is no such licensed builder, the owner of the premises where the building work is to be, is being or has been, performed. (2) For the purposes of this Act, the responsible person for plumbing work is – (a) the licensed plumber who is intending to perform, or who is performing or has performed, the plumbing work; or (b) if there is no such licensed plumber, the owner of the premises where the plumbing work is to be, is being or has been, performed. (3) For the purposes of this Act, the responsible person for demolition work is – (a) the licensed builder who is intending to perform, or who is performing or has performed, the demolition work; or (b) if there is no such licensed builder, the owner of the premises where the demolition work is to be, is being or has been, performed. 6. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 7. Act prevails This Act prevails over the provisions of any other Act or any regulation, rule, by-law, guidelines, planning instrument, standard, condition, determination, or directive, made under any other Act that relates to the design of any building, building work or plumbing work. 8. Delegation (1) The Minister may delegate to any person any of the Minister's powers and functions under this Act, other than this power of delegation and the Minister's powers and functions under section 27B . (2) The Director of Building Control may delegate to any person any of the Director's powers and functions under this Act, other than this power of delegation. (3) A council may delegate to any person any of its powers and functions under this Act, other than this power of delegation and its powers and functions as a permit authority. (4) . . . . . . . . (5) A delegation under this section is to be made by instrument in writing. 9. Minister to approve certain statutory rules &c. (1) A regulation, or rule or by-law, that relates to the technical requirements of the design or construction of a building, building work or plumbing work must not be made under any Act without the approval of the Minister unless that Act expressly provides to the contrary. (2) A regulation, or rule or by-law, that relates to the technical requirements of the design or construction of a building, building work or plumbing work that is not made in compliance with subsection (1) is of no effect. (3) A condition that relates to the technical requirements of the design or construction of a building, building work or plumbing work may not be imposed on a permit issued under the Land Use Planning and Approvals Act 1993 without the approval of the Minister unless that Act expressly provides to the contrary. (4) A condition that relates to the technical requirements of the design or construction of a building, building work or plumbing work that – (a) is imposed on a permit issued under the Land Use Planning and Approvals Act 1993; and (b) has not been approved under subsection (3) as required before it was imposed on the permit – is of no effect unless the condition has been retrospectively approved by the Minister. (5) A person is not guilty of an offence under this Act, or the Land Use Planning and Approvals Act 1993, in relation to any act performed, or failure to act, by the person in accordance with a condition, that is of no effect by virtue of subsection (4) , if the person has not been informed by the Minister in writing that the condition is of no effect. (6) The Minister may certify that – (a) subsection (1) does not apply to a regulation, or rule or by-law, that relates only incidentally to the technical requirements of the design or construction of a building, building work or plumbing work; or (b) subsection (3) does not apply to a condition, or a class of conditions, that relates to the technical requirements of the design or construction of a building, building work, plumbing work or demolition work, that may be imposed on a permit issued under the Land Use Planning and Approvals Act 1993. 10. Application of Act to accretions from sea An authorised person may, in performing a function or exercising a power under this Act, perform the function or exercise the power in respect of – (a) any accretion from the sea, whether natural or unnatural; and (b) any part of the seashore to the low-water mark; and (c) any bridge, jetty, wharf, boat-house or other structure; and (d) any area of the sea in, on, over or under which any building or building work is related to, or affects, any adjacent land. PART 2 - Work to Comply with Act and National Construction Code 11. All work must comply with Act and National Construction Code (1) A person performing building work, plumbing work or demolition work must ensure that the work complies with – (a) this Act; and (b) all of the applicable provisions of the National Construction Code, unless otherwise authorised under this Act. Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) The owner of a building where building work, plumbing work or demolition work is being performed must ensure that the work complies with – (a) this Act; and (b) all of the applicable provisions of the National Construction Code, unless otherwise authorised under this Act. Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (3) A person named on a permit must ensure that all building work, plumbing work or demolition work done under the authority of that permit complies with – (a) this Act; and (b) all of the applicable provisions of the National Construction Code, unless otherwise authorised under this Act. Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (4) A building surveyor, as far as is reasonably practicable, is to ensure that all building work and demolition work, in respect of which he or she is engaged as a building surveyor, is performed in accordance with this Act. Penalty: Fine not exceeding 100 penalty units. (5) For the purposes of this section, a provision of the National Construction Code is not an applicable provision in respect of work if – (a) the certificate of likely compliance issued in respect of the work was issued before the provision of the National Construction Code was adopted by the State; or (b) the building surveyor, or relevant permit authority, for the work certifies in writing that substantial progress had been made in the design of the work before the provision was adopted by the State; or (c) if the provision of the National Construction Code applies a standard, or requirement, by reference to a document that is subsequently amended – the building surveyor, or relevant permit authority, for the work certifies that substantial progress had been made in the design of the work before the document so applied was amended. (6) Nothing in subsection (5) prevents a person from complying with a provision of the National Construction Code that is not an applicable provision by virtue of that subsection. 12. Compliance of existing buildings A building or structure constructed, or building work, plumbing work or demolition work performed – (a) before the commencement of this Act; and (b) in accordance with each relevant Act in force at the time the building or structure was constructed or the work was performed – is taken to have been constructed, or performed, in compliance with this Act and the applicable provisions of the National Construction Code. 13. National Construction Code may be modified in certain circumstances (1) An environmental health officer may determine that a provision of the National Construction Code in relation to food premises be altered in certain circumstances. (2) A building surveyor may determine that a provision of the National Construction Code in relation to farm buildings or historic buildings be altered in certain circumstances. (3) A determination under subsection (1) or (2) – (a) must not impose a higher standard than the standard imposed by the provision of the National Construction Code being altered by the determination; and (b) is to be in accordance with any prescribed requirements; and (c) is taken to modify the National Construction Code as it applies in the circumstances to which the determination relates. (4) A determination under subsection (1) or (2) does not apply to work if – (a) a certificate of likely compliance has been issued in respect of the work before the determination takes effect; and (b) the work is completed before that certificate of likely compliance expires. 14. Provisions of other standards Unless otherwise specified, any provision of a standard, code or guideline in relation to a matter that is dealt with in the National Construction Code applies to a building, or work performed under this Act, only if it is expressly adopted by that Code. PART 3 - Administration Division 1 - Director of Building Control 15. Director of Building Control (1) The Minister may appoint a State Service employee, or a State Service officer, as the Director of Building Control. (2) A person appointed as Director of Building Control under subsection (1) holds that position in conjunction with his or her State Service employment. (3) The Director of Building Control holds office on the terms and conditions specified in his or her instrument of appointment. 16. Functions of Director of Building Control The Director of Building Control has the following functions: (a) to advise the Minister in relation to matters arising under this Act and the administration of this Act and on other legislation relating to building, plumbing, demolition and related matters; (b) to liaise with permit authorities or councils on the functions of the Director of Building Control; (c) to liaise with the building, plumbing and demolition industries and other interested groups or bodies on matters relating to building, plumbing and demolition; (d) to liaise with, and represent the State on, any national body established to deal with matters relating to building, plumbing and demolition; (e) to facilitate training in respect of matters under this Act; (f) to publish reports and disseminate information on matters relating to building work, plumbing work or demolition work; (g) to audit the performance of the following in respect of building work, plumbing work or demolition work: (i) owners; (ii) owner builders; (iii) builders; (iv) building services providers; (v) plumbers; (vi) designers; (vii) building surveyors; (viii) permit authorities; (ix) . . . . . . . . (x) councils; (xi) other prescribed persons or prescribed organisations; (h) to carry out such other functions as are specified in respect of the Director of Building Control under this Act or any other Act; (i) to carry out such other functions as are determined by the Minister; (j) to carry out such other functions as are prescribed for the purposes of this section. 17. General powers of Director of Building Control (1) The Director of Building Control has the power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of his or her functions. (2) For the purposes of this Act and without limiting subsection (1) , the Director of Building Control may – (a) enter any building, temporary structure or premises where building work, plumbing work or demolition work is being, is to be or has been, performed; and (b) enter any premises if necessary to perform any function or exercise any power under this Act; and (c) enter premises where business relating to building, plumbing or demolition is being performed or on which it is believed on reasonable grounds that documents relating to building, plumbing or demolition are kept; and (d) take photographs, films and video recordings in any premises lawfully entered in the performance of his or her functions under this Act or any other Act; and (e) require records or documents relating to a building, temporary structure, premises, building work, plumbing work or demolition work to be provided to the Director of Building Control; and (f) require records required to be kept under this Act to be provided to the Director of Building Control; and (g) search for, inspect, or require explanation in respect of, any record required to be kept, or provided, under this Act; and (h) either – (i) take notes, copies and extracts of or from any record or document provided or made available under this section; or (ii) remove, and retain in the possession of the Director of Building Control, any record or document provided or made available under this section. (3) If a record or document is retained by the Director of Building Control under subsection (2)(h)(ii) , the Director – (a) may make copies of the record or document; and (b) must return the record or document as soon as practicable after the record or document is no longer required by the Director. 18. Director of Building Control may authorise or accredit products (1) The Director of Building Control may authorise or accredit a building, or plumbing, product for the purpose of this Act. (2) The Director of Building Control may accredit a plumbing installation for use under this Act. (3) An accreditation under subsection (1) or (2) may be subject to any condition the Director of Building Control determines. (4) The Director of Building Control must publish an accreditation under this section and any condition that applies to the accreditation before the accreditation takes effect. (5) A product, or plumbing installation that is accredited or authorised under this section is taken to be an accredited product for the purpose of the National Construction Code. 19. Director of Building Control may make or adopt guidelines (1) The Director of Building Control may make guidelines, or adopt existing guidelines, in respect of the following matters: (a) providing technical guidance as to how to ensure compliance with this Act, the National Construction Code and any other relevant standards or codes; (b) providing performance criteria for ensuring compliance with this Act, the National Construction Code and any other relevant standards or codes; (c) providing acceptable standards and tolerances relating to the quality and standards required in relation to work under this Act; (d) identifying the roles or functions of persons, or classes of persons, while performing work under this Act; (e) providing guidance on procedures relating to inspections; (f) such other matters as are prescribed. (2) Before making or adopting guidelines under subsection (1) , the Director of Building Control is to consult with such organisations or stakeholders the Director of Building Control considers relevant to the content of the proposed guidelines. (3) The Director of Building Control is to ensure that guidelines made, or adopted, under subsection (1) – (a) are published before they come into effect; and (b) remain published while the guidelines remain in effect. 20. Director of Building Control may make determinations (1) The Director of Building Control may make a determination in respect of the following matters: (a) types of building work, plumbing work or demolition work that is low-risk work, notifiable work or permit work; (b) when, where and how partial compliance with the National Construction Code may be consented to under Division 1 of Part 5 ; (c) hazardous areas and any additional requirements or obligations in respect of the design, assessment, construction, inspection, demolition or maintenance of work, or premises, in those areas; (d) any matter that is to be determined by the Director of Building Control under this Act; (e) such other matters as are prescribed. (2) Before making a determination under subsection (1) , the Director of Building Control is to consult with such organisations or stakeholders as the Director of Building Control considers relevant to the content of the proposed determination unless the circumstances require immediate action. (3) The Director of Building Control is to ensure that a determination made under subsection (1) – (a) is published before it comes into effect; and (b) specifies the period for which the determination is in effect or that the determination is in effect indefinitely; and (c) remains published while the determination remains in effect. (4) A person must comply with a relevant determination published in accordance with subsection (3) . Penalty: Fine not exceeding 100 penalty units. (5) Despite subsection (4) , a determination of the Director of Building Control made under subsection (1) , or a standard or requirement applied under such a determination by reference to a document, does not apply to work if the building surveyor, or relevant permit authority, for the work certifies in writing that substantial progress had been made in the design of the work – (a) before the determination was made; or (b) if the determination applies a standard or requirement by reference to a document that is subsequently amended, before the document so applied was amended. 21. Assistance to Director of Building Control (1) The Director of Building Control may make arrangements with the Head of an Agency, within the meaning of the State Service Act 2000 , for employees employed in that Agency to be made available to the Director to enable the Director to perform his or her functions and exercise his or her powers under this Act. (2) A person may be made available to the Director of Building Control in conjunction with his or her employment within the State Service. 22. Compliance audit by Director of Building Control (1) The Director of Building Control may arrange for an audit to be carried out in respect of the work of any person or body specified in section 16(g) . (2) As part of an audit under this section, the Director of Building Control may require, by written notice, a person to provide a record or document, or to make a written statement that is to be produced, at a time and place specified in the notice. (3) A person must comply with a written notice given to them under subsection (2) . Penalty: Fine not exceeding 100 penalty units. (4) If requested to do so by the Director of Building Control, a person must assist in, or cooperate with, an audit under this section as requested. Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (5) If a record, document or written statement is provided as part of an audit under this section, the Director of Building Control – (a) may make copies of the record, document or statement; and (b) must return the record, document or statement as soon as practicable after the Director has finished with the record, document or statement. (6) If, after conducting an audit, the Director of Building Control is satisfied that a person or body whose work is the subject of the audit may be guilty of unsatisfactory professional conduct, or professional misconduct, the Director may refer the matter to the Administrator appointed under the Occupational Licensing Act 2005 as evidence that the person or body is not a fit and proper person for the purposes of that Act. 23. Publication of documents by Director of Building Control If the Director of Building Control is required to publish a document under this Act, the document is taken to be published if – (a) the document is made available for viewing by members of the public on a website that is accessible by the public; or (b) the document is made available for viewing by members of the public by any other means the Director of Building Control considers appropriate. Division 2 - Permit authorities 24. Who is a permit authority (1) Subject to subsection (7) , the council of a municipal area is the permit authority for the municipal area. (2) The council of a municipal area must ensure that – (a) the council is a licensed entity, under the Occupational Licensing Act 2005 , and is authorised under that Act to perform the functions and exercise the powers of a permit authority for the municipal area; and (b) a function or power of the permit authority for the municipal area is only performed or exercised in respect of the municipal area by – (i) subject to subsection (8)(a) , the licensed person, within the meaning of the Occupational Licensing Act 2005 , nominated by the council of the municipal area in its capacity as a licensed entity under that Act; or (ii) a person appointed under subsection (6) as the permit authority for the municipal area; or (iii) the Director of Building Control, if a notice under subsection (7) is in force in respect of the municipal area; or (iv) a person authorised to perform the function or exercise the power, in respect of the municipal area, under an order of the Minister made in accordance with section 27B . Penalty: Fine not exceeding 500 penalty units. (3) Subject to subsection (4) , the performance of a function, or the exercise of a power, of a permit authority in respect of a municipal area is of no effect if it is performed or exercised by a person other than a person referred to in subsection (2)(b) in respect of the municipal area. (4) The Director of Building Control may, by notice published in the Gazette, determine that subsection (3) does not apply in respect of the performance of one or more functions, or the exercise of one or more powers, of a permit authority specified in the determination. (5) A determination under subsection (4) – (a) may relate to the past, or future, performance of one or more functions, or the exercise of one or more powers, of a permit authority; and (b) if the determination relates to the future performance of a function, or exercise of a power, is to specify the period for which the determination has effect in respect of that function or power; and (c) is not a determination to which section 20 applies. (6) If the council of a municipal area ceases to be a licensed entity under the Occupational Licensing Act 2005 , or there ceases to be a licensed person as required under the Occupational Licensing Act 2005 in respect of the council – (a) the Director of Building Control may appoint a person as the permit authority, for that municipal area, on the terms and conditions that are specified in the instrument of appointment; and (b) the council is liable for any reasonable costs that are incurred as a result of the appointment under paragraph (a) unless the Director of Building Control otherwise specifies. (7) The Minister may, by notice in the Gazette, appoint the Director of Building Control as a permit authority, for one or more municipal areas, on the terms and conditions specified in the notice, including which functions or powers of a permit authority the Director is appointed to perform or exercise. (8) If, under subsection (7) , the Minister appoints the Director of Building Control as the permit authority for one or more municipal areas – (a) a person employed or engaged by the relevant council of the municipal area may not perform the functions, or exercise the powers, of a permit authority for the municipal area except with the approval of the Minister or the Director; and (b) the Director may subdelegate one or more functions, or powers, of such a permit authority if the notice under that subsection appointing the Director does not specifically prohibit the subdelegation of the function, or power, by the Director. 25. Functions of permit authorities (1) A permit authority has the following functions in respect of building work, plumbing work or demolition work: (a) to accept applications submitted to it under this Act and, if the application is incomplete, to seek further information before considering the application; (b) to consider any application submitted to it under this Act within the relevant specified period for the application; (c) to accept any other documents submitted to it under this Act and seek further information in respect of the document if required; (d) to ensure that any permit issued by the permit authority is in accordance with this Act; (e) to comply with this Act when issuing, or refusing to issue, a permit under this Act; (f) to ensure that work performed under a permit is to be performed by appropriately qualified persons; (g) if appropriate, to issue a certificate as required under this Act. (2) A permit authority has the following general functions: (a) to make the public aware of the building and plumbing requirements in the State and the application of this Act; (b) to ensure compliance with this Act as required under this Act; (c) to keep any registers required to be kept by a permit authority under this Act. (3) A permit authority for a municipal area, as far as is reasonably practicable, is to – (a) ensure that the owners of property within the municipal area are informed of their duties under this Act – (i) in relation to any building work, plumbing work or demolition work; and (ii) in maintaining and using a building; and (b) make itself aware of – (i) building work, plumbing work or demolition work being performed in the municipal area; and (ii) the use and occupation of buildings in its municipal area; and (c) if applicable, ensure that proceedings are instituted against any person or body failing to comply with this Act; and (d) enforce an order issued by a building surveyor, if appropriate to do so. 26. Powers of permit authority (1) A permit authority may – (a) at all reasonable times, enter any building, temporary structure or premises where building work, plumbing work or demolition work is being, is to be or has been, performed where the permit authority is the relevant permit authority; and (b) at all reasonable times, enter any building or temporary structure if entry is necessary for the permit authority to perform a function or exercise a power under this Act; and (c) take photographs, films and video recordings in any premises lawfully entered under this Act; and (d) require the production of documents or records relating to a building, temporary structure, premises, building work, plumbing work or demolition work; and (e) require the production of records required to be kept under this Act; and (f) search for, inspect, or require explanation in respect of, any record required to be kept, or produced, under this Act; and (g) take notes, copies and extracts of or from any record, document or statement produced or required under this section. (2) In performing its functions, or exercising its powers, under this Act, a permit authority has the power to scrutinise documents and ask questions about relevant matters. 27. Records of permit authority (1) A permit authority must keep the records set out in Schedule 1 as determined by the Director of Building Control. Penalty: Fine not exceeding 100 penalty units. (2) A council of a municipal area must retain the records, required to be kept, under Schedule 1 , by the permit authority for the municipal area – (a) for at least 10 years after the record is made or such other prescribed period; or (b) if the record is still relevant in respect of the premises to which it relates at the expiry of the period set out in paragraph (a) , until the record is no longer relevant in respect of those premises. Penalty: Fine not exceeding 100 penalty units. (3) A council may only make information retained under subsection (2) available to the following persons: (a) the Director of Building Control or other authorised person; (b) an employee of the council, if access to the information is necessary as part of his or her employment; (c) the owner of premises referred to in the information; (d) a building surveyor, building services provider, or other licensed practitioner, that has been engaged by an owner of the premises referred to in the information; (e) any other prescribed person. (4) A person may make a copy of information made available to the person under subsection (3) on payment of any reasonable fee charged by the council that has made the information available. 27A. Director of Building Control may recommend Minister to direct permit authority (1) If the Director of Building Control believes that a permit authority has not satisfactorily performed a function of a permit authority under this Act, the Director may make a recommendation to the Minister under subsection (3) in respect of the permit authority. (2) Before making a recommendation to the Minister under subsection (3) in respect of a permit authority, the Director of Building Control must – (a) notify the permit authority of each of the following: (i) that the Director of Building Control intends to make a recommendation to the Minister under this section in respect of the permit authority; (ii) the reasons why the Director of Building Control intends to make such a recommendation; (iii) that the permit authority is entitled to make submissions to the Director of Building Control against the making of such a recommendation; (iv) the period within which, and the manner in which, the permit authority may make such a submission to the Director of Building Control; and (b) consider each submission made to the Director of Building Control by the permit authority, in accordance with the notice under paragraph (a) , before making the proposed recommendation. (3) If, after considering the submissions of a permit authority under this section, the Director of Building Control believes that the permit authority has not satisfactorily performed a function of a permit authority under this Act, the Director – (a) may give a written recommendation to the Minister that the Minister make an order under section 27B in respect of the permit authority; and (b) is to specify in the written recommendation – (i) the reasons why the Director of Building Control has made such a recommendation in respect of the permit authority; and (ii) a summary of the submissions made under this section by the permit authority, if any, in respect of the recommendation. 27B. Minister may direct permit authority (1) If the Minister is satisfied that a permit authority has not satisfactorily performed a function, or exercised a power, of a permit authority under this Act, the Minister may direct the permit authority, by order – (a) if the order relates to the performance of a function, to perform the function within a specified time; or (b) to carry out such acts as are necessary to enable the specified function to be performed or the specified power to be exercised. (2) The Minister may make an order under subsection (1) – (a) on the Minister's own initiative, if the Minister is satisfied that the order is necessary – (i) to protect public health or safety; or (ii) to prevent significant damage to property; or (b) in any other case, on the recommendation of the Director of Building Control under section 27A . (3) Before making an order under subsection (1) in respect of a permit authority, the Minister may give the permit authority an opportunity to make, in respect of the proposed order – (a) a written submission to the Minister; or (b) a submission by such other means as are agreed between the Minister and the permit authority. (4) If the Minister makes an order under subsection (1) in respect of the functions or powers of a permit authority and the permit authority fails to comply with the order, the Minister may do either or both of the following: (a) take such action as the Minister thinks reasonable to ensure that – (i) the function of the permit authority is performed; or (ii) the power of the permit authority is exercised; (b) authorise another person to take such action as the person considers reasonable – (i) to perform the function, and exercise any relevant power, of the permit authority in accordance with this Act; or (ii) to carry out such acts as are necessary to enable the function to be performed or the power to be exercised. (5) If the Minister, or a person authorised by the Minister, takes an action under subsection (4) in respect of the performance of a function of a permit authority for a municipal area, the Minister may recover from the council of the municipal area, as a debt due and owing, such reasonable costs and expenses as are incurred by the Minister or person in performing the function. (6) A permit authority must comply with an order of the Minister made, under subsection (1) , in respect of the permit authority. Penalty: Fine not exceeding 500 penalty units. Division 3 - Building surveyor 28. Who is a building surveyor (1) A building surveyor is a building services provider who is engaged by the owner of premises to perform or exercise, in respect of the premises, the functions or powers of a building surveyor under this Act. (2) A person must not accept an engagement to perform the functions or exercise the powers of a building surveyor, in respect of work performed on premises, if the person – (a) does not hold a licence under the Occupational Licensing Act 2005 that authorises him or her to perform those functions, or exercise those powers, of a building surveyor; or (b) has performed, or is required under the Act to perform, the functions or powers of a permit authority in respect of the work; or (c) has provided professional advice in respect of the work in accordance with section 33 ; or (d) is the owner of the premises where the work is to be performed; or (e) was an employee of the owner of the premises immediately before he or she was engaged as a building surveyor for the premises; or (f) is named, or is to be named, on a permit in relation to the work as the licensed builder or building services provider, or is an employee of the licensed builder or building services provider so named; or (g) is a private consultant of a person referred to in paragraph (d) or (f) in respect of the work; or (h) is the employer of a person referred to in paragraph (f) or of persons performing building contracts generally; or (i) has prepared, or reviewed, the design for the building work or a performance solution proposed as part of the work; or (j) was employed in the immediately preceding 12-month period by a designer of the work; or (k) has a direct, or indirect, pecuniary interest in – (i) the designer of the work; or (ii) the work or premises where the work is to be performed; or (iii) any other person associated with the work or premises where the work is to be performed; or (l) has a potential conflict of interest between his or her functions as a building surveyor and his or her personal or business interests. Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (3) A person must not accept an engagement as a building surveyor unless – (a) the prospective building surveyor has provided, to the person engaging the person as a building surveyor, a complete schedule of fees that may be charged by the building surveyor in the course of the engagement; and (b) the person engaging the building surveyor has agreed to that schedule of fees. Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (4) The Minister may, by notice in the Gazette, appoint the Director of Building Control as building surveyor, or to undertake the functions of a building surveyor that are specified in the notice, on the terms and conditions specified in the notice. 29. Person must not act as building surveyor (1) A person must not perform any of the functions, or exercise any of the powers, of a building surveyor under this Act in respect of work unless he or she – (a) is engaged, by the owner of premises where the work is being performed, to perform the functions, or exercise the powers, of a building surveyor in respect of the work; or (b) is acting in accordance with a notice of the Minister under section 28(4) . Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A person engaged as a building surveyor under this Act must not perform any of the functions, or exercise any of the powers, of a building surveyor under this Act that he or she is not authorised to perform or exercise under the Occupational Licensing Act 2005 . Penalty: Fine not exceeding 250 penalty units. 30. Functions of a building surveyor (1) A building surveyor must perform the following functions in respect of the work for which he or she is engaged as a building surveyor: (a) within 7 business days after granting, issuing or amending a certificate of likely compliance, a certificate of substantial compliance, an occupancy permit or a temporary occupancy permit, provide the relevant permit authority with – (i) a copy of the permit or certificate, or the permit or certificate as amended; and (ii) such other documents, if any, specified by the Director of Building Control; (b) keep a register, at his or her principal place of business, of – (i) each certificate or permit granted, or amended, by the building surveyor under this Act; and (ii) each determination made by the building surveyor in accordance with this Act. Penalty: In the case of – (a) a natural person, a fine not exceeding 100 penalty units; or (b) a body corporate, a fine not exceeding 500 penalty units. (2) A building surveyor may perform any one or more of the following functions in respect of the work for which he or she was engaged as a building surveyor: (a) review all documentation submitted as part of an application for a certificate of likely compliance or certificate of substantial compliance; (b) liaise with statutory reporting authorities, councils, permit authorities and function control authorities as required; (c) inspect proposed building work on special-use buildings or other specified buildings; (d) inspect work relating to the re-use, occupancy or re-classification of existing buildings; (e) give start-work authorisations to responsible persons before work commences; (f) grant permission to responsible persons to proceed with building work at certain stages; (g) inspect building work and demolition work and buildings and temporary structures where such work is to be, or is being, performed; (h) certify the condition of work, or proposed work, in certain circumstances; (i) issue permits, certificates and other documents as required under this Act; (j) any other function specified in this Act or required by the Director of Building Control. 31. Powers of building surveyors (1) A building surveyor may, at all reasonable times, enter any premises or land – (a) where there is a building, temporary structure or building work in respect of which he or she has been engaged under this Act as a building surveyor; or (b) for the purpose of performing a function or exercising a power under this Act. (2) A building surveyor has the following powers when acting as a building surveyor: (a) to issue notices or orders about work started without a permit or start-work authorisation, if required; (b) to issue notices or orders about non-compliance with the requirements of this Act; (c) to issue directions, in certain circumstances, to rectify non-compliant work; (d) to take photographs, films and video recordings in any premises lawfully entered under this Act; (e) to require the production of documents or records relating to a building, temporary structure, premises or building work; (f) to require the production of documents or records required to be kept under this Act as if he or she were the owner of the premises in respect of which he or she has been engaged as the building surveyor;