Western Australia: Building Act 2011 (WA)

Western Australia Building Act 2011 Western Australia Building Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: independent building surveyor 1 5. Term used: owner 1 6. Permit authority for a building or incidental structure 1 7. Which permit authority to receive application 1 8. Crown bound 1 Part 2 — Building and demolition permits Division 1 — Building or demolition permit generally required for building or demolition work 9. No building work without a building permit 1 10. No demolition work without a demolition permit 1 11. Defence if permit suspended 1 12. Defence if emergency 1 Division 2 — Applications for building or demolition permits 13. Terms used 1 14. Certified applications for all buildings, uncertified application for buildings of certain classifications 1 15. Application for demolition permit 1 16. Making an application 1 17. Uncertified application to be considered by building surveyor 1 18. Further information 1 19. Certificate of design compliance 1 20. Grant of building permit 1 21. Grant of demolition permit 1 22. Further grounds for not granting an application 1 23. Time for deciding application for building or demolition permit 1 24. Notice of decision not to grant building or demolition permit 1 Division 3 — Building or demolition permits 25. Form and content of building or demolition permit 1 26. Permit for staged works 1 27. Conditions imposed by permit authority 1 28. To whom permit document issued 1 29. Compliance with building or demolition permit 1 30. Display of building or demolition permit details 1 Division 4 — Duration of building or demolition permits 31. Terms used 1 32. Duration of building or demolition permit 1 33. Notice of completion 1 34. Notice of cessation 1 35. Suspension of building or demolition permit 1 Division 5 — Inspections of building or demolition work 36. Regulations 1 Part 3 — Building standards 37. All buildings to comply with applicable building standards 1 38. All demolition work to comply with applicable building standards 1 39. Non‑application and modification of building standards 1 Part 4 — Occupancy permits and building approval certificates Division 1 — Occupancy permits 40. Term used: occupier 1 41. Certain buildings not to be occupied or used without an occupancy permit 1 42. Display etc. of, occupancy permit details 1 43. Occupation, use of buildings to comply with occupancy permits 1 44. Compliance with occupancy permit generally 1 45. Regulations about safety and health matters in buildings requiring occupancy permits 1 Division 2 — Kinds of applications for occupancy permits and building approval certificates 46. Application for occupancy permit for completed building 1 47. Application for temporary occupancy permit for incomplete building 1 48. Application for modification of occupancy permit for additional use of building on temporary basis 1 49. Application for replacement occupancy permit for permanent change of building's use, classification 1 51. Application for occupancy permit or building approval certificate for unauthorised work 1 52. Application for occupancy permit or building approval certificate for building with existing authorisation 1 Division 3 — Making and dealing with applications for occupancy permits and building approval certificates 53. Terms used 1 54. Manner of application 1 55. Further information 1 56. Certificate of construction compliance 1 57. Certificate of building compliance 1 58. Grant of occupancy permit, building approval certificate 1 59. Time for granting occupancy permit or building approval certificate 1 60. Notice of decision not to grant occupancy permit or grant building approval certificate 1 61. Form and content of occupancy permit, building approval certificate 1 62. Conditions imposed by permit authority 1 63. To whom form of permit, modification, certificate issued 1 64. Duration of temporary permit, modification 1 65. Extension of period of duration 1 Part 5 — Circumstances in which building, demolition or occupancy permits not required Division 1 — Regulations and Ministerial orders 66. Regulations 1 67. Ministerial order 1 Division 2 — Particular buildings, incidental structures 68. Terms used 1 69. Temporary buildings 1 70. Buildings incidental to infrastructure 1 71. Buildings incidental to shipping and boating facilities 1 72. Buildings incidental to mining operations 1 73. Buildings incidental to exploiting petroleum and other resources 1 74. Buildings incidental to industrial processing plant 1 Part 6 — Work affecting other land Division 1 — Terms used 75. Terms used 1 Division 2 — Work affecting other land that requires consent, court order or other authority 76. No encroachment without consent, court order or other authority 1 77. Other land not to be adversely affected without consent, court order or other authority 1 78. No protection structure in or on other land without consent, court order or other authority 1 79. Certain work not to affect party walls etc. without consent, court order or other authority 1 80. Fences etc. not to be removed without consent, court order or other authority 1 81. No access to other land without consent or court order, and notification, or other authority 1 82. Removal of unauthorised encroachments, protection structures 1 Division 3 — Obtaining consent or court orders to affect other land 83. Terms used 1 84. When notice about effect on other land required 1 85. Form and content of notice about effect on other land 1 86. Application for court orders if no consent 1 87. Requirement for building or demolition permit not affected by court order 1 Division 4 — Other boundary matters 88. Finishes of walls close to boundaries 1 89. Obligation to maintain, repair encroachments, party walls, shared boundary retaining walls 1 90. Liability for certain expenses 1 91. Liability for loss, damage not affected 1 Part 7 — Existing buildings 92. Terms used 1 93. Changing building standards, requirements, as to existing buildings 1 Part 8 — Enforcement Division 1 — Preliminary 94. Terms used 1 Division 2 — Authorised persons 95. Term used: designating permit authority 1 96. Authorised persons 1 97. Identity cards 1 98. Production or display of identity card 1 99. Limitation on powers of authorised person 1 Division 3 — Powers of authorised persons 100. Entry powers 1 101. Powers after entry for compliance purposes 1 102. Obtaining information and documents 1 103. Use of force and assistance 1 104. Directions generally 1 105. Obstruction of authorised persons etc. 1 Division 4 — Entry warrants 106. Entry warrant to enter place 1 107. Issue of warrant 1 108. Effect of entry warrant 1 109. Execution of warrant 1 Division 5 — Building orders 110. Building orders 1 111. Notice of proposed building order other than building order (emergency) 1 112. Content of building order 1 113. Limitation on effect of building order 1 114. Service of building order 1 115. Compliance with building order 1 116. Obstruction in relation to building order 1 117. Revocation of building order 1 118. Permit authority may give effect to building order if non‑compliance 1 Part 9 — Review 119. Building and demolition permits 1 120. Building standards 1 121. Occupancy permits and building approval certificates 1 122. Building orders 1 123. SAT may disapply or modify subsidiary legislation about building etc. 1 Part 10 — Permit authorities 124. State of WA as a permit authority 1 125. Delegation of State's functions as permit authority 1 126. Special permit authorities 1 127. Delegation: special permit authorities and local governments 1 Part 11 — Building information 128. Register of permits, building approval certificates, building orders 1 129. Inspection, copies of permits, building approval certificates in register 1 130. Building records to be kept 1 131. Inspection, copies of building records 1 132. Provision of information to Building Commissioner 1 Part 12 — Legal proceedings Division 1 — General provisions about legal proceedings 133. Prosecutions 1 134. Civil remedy not affected by proceedings for an offence 1 135. Incriminating information, questions or documents 1 136. Legal professional privilege 1 Division 2 — Evidence in legal proceedings 137. Evidence Act 1906 not excluded 1 138. Allegations in prosecution notices 1 139. Presumptions about authority to do certain things 1 140. Proof of permits, certificates, building orders, declarations, obtained records, approved forms 1 141. Evidence of text adopted by regulations 1 Part 13 — General provisions 142. Authority to perform certain functions in relation to Crown land for purposes of this Act 1 143. Protection from liability 1 144. Extent of duties as to certificates 1 145A. Local government functions 1 145. Protection for compliance with Act 1 146. Confidentiality 1 147. False or misleading information 1 148. Laying documents before Parliament 1 Part 14 — Regulations 149. Regulations 1 150. Regulations may refer to published documents 1 Part 16 — Transitional provisions Division 1 — Transitional provisions arising from the enactment of the Building Act 2011 176. Terms used 1 177. Interpretation Act 1984 not affected 1 178. Building licences, pending applications, reviews 1 179. Demolition licences, pending applications, reviews 1 180. Building approval certificates (former provisions), pending applications, reviews 1 181. Certificates of classification, pending notifications of change of use 1 182A. Occupancy permits for certain buildings and validation 1 182. Hoardings etc. in public places 1 183. Building party walls 1 184. Work on existing party walls 1 185. Underpinning 1 186. Settlement of differences in relation to party walls, underpinning 1 187. Settlement of differences in relation to security 1 188. Inflammable materials 1 189. Encroachments over, on, or under streets 1 190. Notices of required alterations 1 191. Notices to stop unlawful work 1 192. Dangerous buildings 1 193. Neglected buildings 1 194. Dilapidated buildings 1 195. Uncompleted buildings 1 196. Orders prohibiting building on land until payments made 1 197. Agreements for repayment of costs, postponement of payment of costs 1 198. Action after conviction 1 199. Fire escapes 1 200. Public buildings 1 201. Removal of inflammable buildings 1 202. Orders about occupiers obstructing owners from complying with former provisions 1 203. Regulations for transitional matters 1 Division 2 — Transitional and validation provisions arising from the enactment of the Building Amendment Act 2012 204. Term used: amending Act 1 205. Requests for further information (building and demolition permits) 1 206. Requests for further information (occupancy permits and building approval certificates) 1 207. Time for deciding application for building or demolition permit 1 208. Validation of building permits naming, and compliance certificates issued by, public authorities 1 209. Regulations for transitional matters about applicable building standards 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Building Act 2011 An Act to provide for the following — * permits for building work and demolition work; * standards for the construction and demolition of buildings and incidental structures; * the use and maintenance of, and requirements in relation to, existing buildings and incidental structures; * work affecting land other than land on which the work is done; * the amendment of the Local Government (Miscellaneous Provisions) Act 1960 and various other Acts 1; * the repeal of the Building Regulations 1989 and the Local Government (Prohibition on Dealings in Land) Regulations 1973 2; * related matters. Part 1 — Preliminary 1. Short title This is the Building Act 2011. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used In this Act, unless the contrary intention appears — adult means a person who has reached 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently 18 or more years of age; adversely affect land includes — (a) reduce the stability or bearing capacity of the land or a building or structure on the land; or (b) damage, or reduce the structural adequacy of, a building or structure on the land; or (c) the changing of the natural site drainage in a way that reduces the effectiveness of the drainage of the land or existing or future buildings or structures on the land; applicable building standard, in a provision, means a building standard that is prescribed as an applicable building standard for the purposes of the provision in respect of a kind of building, incidental structure, building or demolition work or application to which the provision relates; applicable certificate of design compliance, in relation to a building permit, means the certificate of design compliance — (a) that, as required by section 16(e), accompanied a certified application for the building permit; or (b) that was signed under section 17 on an uncertified application for the building permit, as is relevant in the case; approved, in relation to the manner or form of something, means approved — (a) by a prescribed person; or (b) in a prescribed way; authorised person means a person designated under section 96 as an authorised person and includes, for the purposes of section 93(2)(d) — (a) a person who is prescribed as an authorised person for the purposes of section 93(2)(d); and (b) a person who is authorised by a local government in the manner prescribed for the purposes of section 93(2)(d); authority under a written law includes an approval, licence, registration, right, permit or exemption granted under a written law; building includes a part of a building; building approval certificate means a building approval certificate granted on an application of a kind mentioned in Part 4 Division 2; Building Commissioner has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3; building order means an order made under section 110(1); building order (emergency) means a building order made in the circumstances mentioned in section 111(2); building permit means a permit granted under section 20; building service contractor has the meaning given in the Registration Act section 3; building standard means a prescribed requirement in relation to the technical aspects of the construction or demolition of a building or an incidental structure; building surveyor means a building service practitioner, as defined in the Registration Act section 3, who is registered in a class of building service practitioner that is prescribed for the purposes of this definition; building work means — (a) the construction, erection, assembly or placement of a building or an incidental structure; or (b) the renovation, alteration, extension, improvement or repair of a building or an incidental structure; or (c) the assembly, reassembly or securing of a relocated building or a relocated incidental structure; or (d) the changing of ground levels of land for the purposes of work of a kind mentioned in paragraph (a), (b) or (c) to an extent that could adversely affect land beyond its boundaries; or (e) site work on any land for the purposes of, or required because of, work of a kind mentioned in — (i) paragraph (a), (b), (c) or (d); or (ii) paragraph (a) or (b) of the definition of demolition work; or (f) other prescribed work, but does not include work of a kind prescribed for the purposes of this definition as not being building work; classification, in relation to a building or incidental structure, means the classification of the building or incidental structure under the regulations; commencement day means the day on which section 9 comes into operation; Crown land has the meaning given in the Land Administration Act 1997 section 3(1); demolition permit means a permit granted under section 21; demolition work means — (a) the demolition, dismantling or removal of a building or an incidental structure; or (b) the changing of ground levels for the purposes of work of a kind mentioned in paragraph (a) to an extent that could adversely affect land owned by a person other than an owner of the land on which the building or incidental structure that is the subject of the demolition work is located; or (c) other prescribed work, but does not include work of a kind prescribed for the purposes of this definition as not being demolition work; incidental structure means a structure attached to or incidental to a building and includes — (a) a chimney, mast, swimming pool, fence, free‑standing wall, retaining wall or permanent protection structure; and (b) a part of a structure; independent building surveyor has the meaning given in section 4; land includes a lot as defined in the Community Titles Act 2018 section 3(1) or the Strata Titles Act 1985 section 3(1); Minister for Lands means the Minister as defined in the Land Administration Act 1997 section 3(1); occupancy permit means an occupancy permit granted or modified on an application of a kind mentioned in Part 4 Division 2; owner has the meaning given in section 5; permit authority for a building or permit authority for an incidental structure has the meaning given in section 6; prescribed means prescribed by regulation; Registration Act means the Building Services (Registration) Act 2011; specialist, in relation to a technical certificate, means a person who belongs to a class of persons prescribed as persons who can sign the technical certificate for the purposes of this Act; strata lease has the meaning given in the Strata Titles Act 1985; survey means a survey for the purpose of recording the condition of land including the existing cracks and defects in a building or structure on the land; technical certificate means a certificate in relation to a specific building standard applicable to, or any other technical aspect of, the construction or demolition of a building or incidental structure that is the subject of an application for a building permit, demolition permit, occupancy permit or building approval certificate. [Section 3 amended: No. 37 of 2012 s. 4 and 33; No. 30 of 2018 s. 121; No. 32 of 2018 s. 192.] 4. Term used: independent building surveyor (1) In this section — application means an application for a building permit or a demolition permit, or an application under Part 4 Division 2. (2) A building surveyor is an independent building surveyor in relation to an application if — (a) the building surveyor is neither an owner of the land on which the building or incidental structure that is the subject of the application is, or is proposed to be, located, nor an employee of an owner of the land; and (b) the building surveyor is neither the person who proposes to be named as the builder or demolition contractor on the permit, nor an employee of that person. 5. Term used: owner (1) In this Act, unless the contrary intention appears — owner, in relation to land held in freehold or held in leasehold under a strata lease, means — (a) a person whose name is registered as a proprietor of the land; and (b) the State, if registered as a proprietor of the land; and (c) a person who holds a prescribed interest in the land; owner, in relation to Crown land, means — (a) a prescribed person; or (ba) the State, in prescribed circumstances; or (b) a person who holds a prescribed interest in the land, and the regulations may specify whether owner means one or more of those persons for the purposes of a particular provision of this Act. (2) The regulations may impose restrictions on the circumstances in which a person will be treated as an owner for the purposes of a provision of this Act specified in the regulations. [Section 5 amended: No. 37 of 2012 s. 5; No. 30 of 2018 s. 122.] 6. Permit authority for a building or incidental structure (1) The permit authority for a building or an incidental structure is the State if, under section 124, the Minister has decided that the State is to be the permit authority for the building or incidental structure. (2) If — (a) subsection (1) does not apply; and (b) under section 126, a special permit authority is designated by regulations as the permit authority for buildings or incidental structures in an area, or of a kind, specified in the regulations, the permit authority for a building or incidental structure in that area, or of that kind, is the special permit authority. (3) If neither subsection (1) nor (2) applies, the permit authority for a building or incidental structure is the local government in whose district the building or incidental structure is, or is proposed to be, located. 7. Which permit authority to receive application (1) A person who wishes to make an application for a building permit or a demolition permit, or an application under Part 4 Division 2 must make the application to the permit authority for the building or incidental structure that is the subject of the application. (2) A permit authority that is the State or a special permit authority — (a) that on an application, grants a building permit, demolition permit or building approval certificate or grants or modifies an occupancy permit, must give the relevant local government details of the permit, modification or certificate; or (b) that receives a notice of completion under section 33 or a notice of cessation under section 34 must give the relevant local government details of the notice. (3) In subsection (2) — relevant local government means the local government in whose district the building or incidental structure that is the subject of an application or notice is, or is proposed to be, located. 8. Crown bound This Act binds the Crown. Part 2 — Building and demolition permits Division 1 — Building or demolition permit generally required for building or demolition work 9. No building work without a building permit A person must not do building work unless — (a) a building permit is in effect for the building work; or (b) a building permit is not required for the building work under Part 5 or regulations or an order mentioned in Part 5 Division 1; or (c) the work is done in accordance with a building order; or (d) the work is done in the course of taking action under section 118(2). Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. 10. No demolition work without a demolition permit A person must not do demolition work unless — (a) a demolition permit is in effect for the demolition work; or (b) the demolition is incidental to building work comprising the renovation, alteration, extension, improvement or repair of a building or an incidental structure, and a building permit is in effect for the building work; or (c) a demolition permit is not required for the demolition work under Part 5 or regulations or an order mentioned in Part 5 Division 1; or (d) the work is done in accordance with a building order; or (e) the work is done in the course of taking action under section 118(2). Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. 11. Defence if permit suspended It is a defence to a charge under section 9 or 10 in a case where a permit was not in effect because it was suspended under section 35 for the accused to prove that at the time of the alleged offence the accused — (a) was not aware that an event mentioned in section 35(a) or (b) had occurred in relation to the permit; and (b) could not reasonably be expected to have known that the event had occurred. 12. Defence if emergency It is a defence to a charge under section 9 or 10 if — (a) the building or demolition work is done in the circumstances mentioned in section 78(1)(c), 79(1)(c) or 80(1)(c); and (b) section 78(3), 79(2)(b) or 80(2)(b), as is applicable to the case, is complied with; and (c) as soon as practicable after the work is done an application for a building permit or demolition permit is made in respect of the work done. Division 2 — Applications for building or demolition permits 13. Terms used In this Division — application means a certified application, an uncertified application, or an application for a demolition permit; certified application means an application made under section 14(1); uncertified application means an application made under section 14(2). 14. Certified applications for all buildings, uncertified application for buildings of certain classifications (1) A person may, by way of a certified application, apply for a building permit — (a) to do building work in respect of a building or an incidental structure of any classification; or (b) to do one or more stages of building work in respect of a building or an incidental structure of any classification. (2) A person may, by way of an uncertified application, apply for a building permit — (a) to do building work in respect of a building or an incidental structure of a classification that is prescribed for the purposes of this subsection; or (b) to do one or more stages of building work in respect of a building or an incidental structure of a classification that is prescribed for the purposes of this subsection. 15. Application for demolition permit A person may apply for a demolition permit — (a) to do demolition work in respect of a building or an incidental structure; or (b) to do one or more stages of demolition work in respect of a building or an incidental structure. 16. Making an application An application — (a) must be made in an approved manner and form; and (b) must name, and be signed by, each owner of the land on which the building or incidental structure is, or is proposed to be, located; and (c) must name, and be signed by, the person who proposes to be named as the builder on the building permit, or the demolition contractor on the demolition permit; and (d) must provide prescribed information about the building or incidental structure and the persons mentioned in paragraph (b) or (c); and (e) if a certified application, must be accompanied by a certificate of design compliance for the building or incidental structure that is the subject of the application, that is signed by a building surveyor and complies with section 19; and (f) if a certified application, must be accompanied by the plans and specifications that are specified in the certificate of design compliance for the building or incidental structure that is the subject of the application; and (g) if a certified application, must be accompanied by a copy of each technical certificate signed by a specialist that the building surveyor has relied on to sign the certificate of design compliance; and (h) if an uncertified application, must be accompanied by the plans and specifications for consideration by a building surveyor under section 17; and (i) must be accompanied by each technical certificate that is prescribed to accompany the application; and (j) must be accompanied by evidence that the applicable provisions of the Home Building Contracts Act 1991 requiring insurance or corresponding cover have been satisfied; and (k) must be accompanied by evidence that the applicable provisions of the regulations mentioned in the Building Services (Complaint Resolution and Administration) Act 2011 Part 7 Division 2 requiring payment of a building services levy have been satisfied; and (l) must be accompanied by the prescribed fee, if any, for the application; and (m) must be accompanied by each other thing that is prescribed to accompany the application. 17. Uncertified application to be considered by building surveyor (1) A permit authority must refer to a building surveyor an uncertified application if the application complies with section 16. (2) The building surveyor must decide whether to sign a certificate of design compliance for the building or incidental structure that is the subject of the application. (3) If the building surveyor signs a certificate of design compliance for the building or incidental structure the certificate must comply with section 19 and be accompanied by — (a) the version of the plans and specifications that are specified in the certificate of design compliance for the building or incidental structure that is the subject of the application; and (b) a copy of each technical certificate signed by a specialist that the building surveyor has relied on to sign the certificate of design compliance. 18. Further information (1) A permit authority to which an application is made may require the applicant to give the permit authority, within a specified time of not more than 21 days, any document or information that it requires to determine the application and may require the applicant to verify the information by statutory declaration. (2) The permit authority may refuse to consider an application if the applicant does not comply with a requirement under subsection (1) within the specified time. (3) A requirement under subsection (1) must be given in the prescribed manner. (4) The regulations may provide for how many separate requirements under subsection (1) may be made in relation to an application. (5) A requirement under subsection (1) may be in respect of a document or information required by the building surveyor to whom the permit authority has referred an uncertified application. [Section 18 amended: No. 37 of 2012 s. 31.] 19. Certificate of design compliance (1) In this section — certificate means a certificate of design compliance for a building or an incidental structure that is the subject of a certified application or an uncertified application. (2) A certificate must be in an approved form. (3) A certificate must contain a statement of the building surveyor signing the certificate to the effect that if the building or incidental structure that is the subject of the application is completed in accordance with the plans and specifications that are specified in the certificate, the building (including each incidental structure associated with the building) or incidental structure will comply with each applicable standard. (4) A building surveyor may, in a certificate, specify such of the inspections and tests listed in regulations mentioned in section 36(2)(b) that the building surveyor thinks should be conducted during or at the completion of the building work. (5) A certificate must contain each other thing that is prescribed to be in the certificate. (6) The regulations may provide for the things that a building surveyor is required to do before signing a certificate. [Section 19 amended: No. 37 of 2012 s. 6 and 34.] 20. Grant of building permit (1) A permit authority to which a certified application or an uncertified application is made must grant the building permit if it is satisfied — (a) that the applicant has complied with section 16; and (b) that the person mentioned in section 16(c) — (i) is a building service contractor who is entitled under the Registration Act section 11 to be named as the builder on the building permit; or (ii) has owner‑builder approval under the Registration Act to carry out that work; or (iiia) is a public authority as defined in the Registration Act section 3; or (iii) is a person or in a class of persons prescribed for the purposes of the Registration Act section 7(2)(c) who may be named as the builder on the building permit, unless the building work is of a kind specified by the regulations; and (c) that a certificate of design compliance for the building or incidental structure that is the subject of the application complies with section 19; and (d) that the building surveyor who signed the certificate of design compliance — (i) is entitled under the Registration Act to sign certificates of design compliance for buildings or incidental structures of the kind that is the subject of the application; and (ii) is an independent building surveyor in relation to the application; and (e) that the certificate of design compliance is issued by a person who — (i) is a building service contractor who is entitled under the Registration Act section 11 to issue the certificate; or (iia) is a public authority as defined in the Registration Act section 3; or (ii) is a person or in a class of persons prescribed for the purposes of the Registration Act section 7(2)(c) who may issue the certificate; and (f) that each technical certificate mentioned in section 16(i) is — (i) signed by a person prescribed as a person who may sign the certificate; and (ii) issued by a person prescribed as a person who may issue the certificate; and (g) if a part of a building or incidental structure is proposed to be placed beyond the boundaries of the land on which the building work is proposed to be done, that there is compliance with section 76; and (h) if the building work may adversely affect land beyond the boundaries of the land on which the work is proposed to be done, that there is compliance with section 77; and (i) that either — (i) a policy of insurance is in force in respect of the building work under the Home Building Contracts Act 1991 Part 3A Division 2; or (ii) corresponding cover, as defined in the Home Building Contracts Act 1991 section 25A, is provided in respect of the building work; or (iii) the policy of insurance mentioned in subparagraph (i) or the cover mentioned in subparagraph (ii) is not required under the Home Building Contracts Act 1991 in respect of the building work; and (j) that the applicant satisfies any other insurance requirements prescribed by regulation or under any other written law in respect of the building work; and (k) that any building services levy required to be paid in respect of the building permit under regulations mentioned in the Building Services (Complaint Resolution and Administration) Act 2011 Part 7 Division 2 has been paid; and (l) if a levy is imposed by the Building and Construction Industry Training Levy Act 1990 in respect of the building work, that the levy has been paid; and (m) that the permit authority has complied with the provisions of the Heritage Act 2018 in relation to the application and that granting the building permit would not be inconsistent with an order, agreement or permit under that Act except to the extent allowed by that Act; and (n) that the applicant has obtained in relation to the building work each authority under a written law that is prescribed for the purposes of this paragraph; and (o) that the applicant has complied or is complying with each authority mentioned in paragraph (n); and (p) that the applicant, in relation to the building work, has complied or is complying with each provision of a written law that is prescribed for the purposes of this paragraph; and (q) that the applicant, in relation to the building work, has complied or is complying with each provision of a local government policy or requirement, not being a written law, that is prescribed for the purposes of this paragraph; and (r) that each notification that is prescribed for the purposes of this paragraph to be given in relation to the building work has been given; and (s) that the applicant has complied with each other prescribed requirement for the granting of a building permit on the application. (2) A permit authority to which an application is made must not grant the building permit unless it is satisfied as to each of the matters mentioned in subsection (1)(a) to (s). [Section 20 amended: No. 37 of 2012 s. 7; No. 22 of 2018 s. 183(2).] 21. Grant of demolition permit (1) The permit authority to which an application for a demolition permit is made must grant the demolition permit if it is satisfied — (a) that the applicant has complied with section 16; and (b) if the person mentioned in section 16(c) is required under another written law to have an authority under that law to do the demolition work, that the person has that authority; and (c) that the demolition work will comply with each applicable building standard; and (d) if the demolition work may adversely affect land beyond the boundaries of the land on which the work is proposed to be done, that there is compliance with section 77; and (e) that any part of the building or incidental structure that is the subject of the application which is proposed to remain as a permanent retaining or other protection structure is suitable for that purpose; and (f) that the applicant satisfies the insurance requirements prescribed by regulation or under any other written law in respect of the demolition work; and (g) that any building services levy required to be paid in respect of the demolition permit under regulations mentioned in the Building Services (Complaint Resolution and Administration) Act 2011 Part 7 Division 2 has been paid; and (h) if a levy is imposed by the Building and Construction Industry Training Levy Act 1990 in respect of the demolition work, that the levy has been paid; and (i) that the permit authority has complied with the provisions of the Heritage Act 2018 in relation to the application and that the demolition permit, if granted, would not be inconsistent with an order, agreement or permit under that Act except to the extent allowed by that Act; and (j) that the applicant has obtained in relation to the demolition work each authority under a written law that is prescribed for the purposes of this paragraph; and (k) that the applicant has complied or is complying with each authority mentioned in paragraph (j); and (l) that the applicant, in relation to the demolition work, has complied or is complying with each provision of a written law that is prescribed for the purposes of this paragraph; and (m) that the applicant, in relation to the demolition work, has complied or is complying with each provision of a local government policy or requirement, not being a written law, that is prescribed for the purposes of this paragraph; and (n) that each notification that is prescribed for the purposes of this paragraph to be given in relation to the demolition work has been given; and (o) that the applicant has complied with each other prescribed requirement for the granting of a demolition permit. (2) A permit authority to which an application for a demolition permit is made must not grant the demolition permit unless it is satisfied as to each of the matters mentioned in subsection (1)(a) to (o). [Section 21 amended: No. 37 of 2012 s. 35; No. 22 of 2018 s. 183(3).] 22. Further grounds for not granting an application (1) A permit authority to which an application is made may refuse to grant the building permit or demolition permit applied for if it appears to the permit authority that there is an error in the information provided for the application or in a document that accompanied the application. (2) A permit authority to which an application is made must not grant a building permit or demolition permit if to do so would be inconsistent with — (a) a function that the permit authority has under any other written law; or (b) an agreement between the permit authority, or the local government in whose district the building or incidental structure is, or is proposed to be, located and the applicant. 23. Time for deciding application for building or demolition permit (1) The permit authority to which an uncertified application is made must decide whether or not to grant the building permit — (a) if there is no requirement under section 18(1), before the expiration of the period — (i) that is prescribed for the purposes of this subsection for the classification of the building that is the subject of the application; and (ii) starting on the day after the application is made; or (b) if there is a requirement under section 18(1) that is complied with within the specified time, before the expiration of the balance of the period mentioned in paragraph (a)(i) starting on the day after the compliance. (2) The permit authority to which a certified application or an application for a demolition permit is made must decide whether or not to grant the building permit or demolition permit — (a) if there is no requirement under section 18(1), before the expiration of the period — (i) that is prescribed for the purposes of this subsection for the classification of the building that is the subject of the application; and (ii) starting on the day after the application is made; or (b) if there is a requirement under section 18(1) that is complied with within the specified time, before the expiration of the balance of the period mentioned in paragraph (a)(i) starting on the day after the compliance. (3) If the permit authority has not made a decision in the time mentioned in subsection (1) or (2) the permit authority is to be taken to have refused to grant the building permit or demolition permit. (4) If the permit authority has not made a decision within the time mentioned in subsection (1) or (2) — (a) the permit authority must refund to the applicant the fee mentioned in section 16(l) that accompanied the application; and (b) the amount of the fee paid is recoverable in any court of competent jurisdiction as a debt due to the applicant. (5) Subsection (4) does not apply — (a) if the permit authority refuses to consider the application because the applicant has not complied with a requirement under section 18(1) within the specified time; or (b) if the permit authority has referred the application in accordance with the Heritage Act 2018 but the Heritage Council has not provided its advice within the time mentioned in subsection (1) or (2). (6) Despite subsection (3) and section 18(2), the permit authority may decide whether or not to grant the building permit or demolition permit, and may give the applicant written notice of its decision, after the period applicable under subsection (1) or (2), or the time specified under section 18(1), has expired, and the validity of the decision is not affected by the expiry. [Section 23 amended: No. 37 of 2012 s. 8; No. 22 of 2018 s. 183(4).] 24. Notice of decision not to grant building or demolition permit A permit authority must — (a) record the grounds on which a decision to refuse to grant a building permit or demolition permit is based, and the reasons for the decision; and (b) as soon as is practicable, but in any case not later than 5 days after making the decision, give to the person to whom the decision relates written notice of the decision, together with those grounds and reasons, and the person's right of review under section 119. Division 3 — Building or demolition permits 25. Form and content of building or demolition permit (1) A building permit or demolition permit is to be in an approved form. (2) A building permit or demolition permit may set out the period during which it has effect. (3) A building permit must set out — (a) the building or incidental structure to which it applies; and (b) the classification of the building or incidental structure; and (c) the use to which the building or incidental structure may be put and each restriction on the use; and (d) in the case of a building permit for one or more stages of building work — (i) each stage of the building work to which it applies; and (ii) the effect of section 26; and (e) the prescribed details about the builder; and (f) the prescribed details about each owner of the land on which the building or incidental structure is, or is proposed to be, located; and (g) each condition imposed under section 27(1) that applies to the building permit; and (h) each inspection and test that is to be conducted during or at the completion of the building work — (i) as specified under section 19(4) in the applicable certificate of design compliance; or (ii) under regulations mentioned in section 36(2)(a); and (i) each other thing that is prescribed to be set out in the permit. (4) A demolition permit must set out — (a) the building or incidental structure to which it applies; and (b) in the case of a demolition permit for one or more stages of demolition work — (i) each stage of the demolition work to which it applies; and (ii) the effect of section 26; and (c) the prescribed details about the demolition contractor; and (d) the prescribed details about each owner of the land on which the building or incidental structure is located; and (e) each condition imposed under section 27(1) that applies to the demolition permit; and (f) each inspection and test that must be conducted during or at the completion of the demolition work under regulations mentioned in section 36(2)(a); and (g) each other thing that is prescribed to be set out in the permit. 26. Permit for staged works A building permit or demolition permit that is granted to do a stage of building or demolition work in respect of a building or an incidental structure does not entitle a person to be granted a further building permit or demolition permit for any other stage of the building work or demolition work. 27. Conditions imposed by permit authority (1) A permit authority may impose conditions on the grant of a building permit or demolition permit in addition to any provided for in the regulations. (2) A condition imposed by a permit authority — (a) is to relate to the particular building work or demolition work to which the permit applies rather than to work of that kind generally; and (b) cannot modify the applicable certificate of design compliance or the plans and specifications that are specified in that certificate. (3) The permit authority may add, vary or revoke conditions imposed under this section before the building work or demolition work is completed. (4) If the permit authority adds, varies or revokes a condition the addition, variation or revocation takes effect when an owner of the building or incidental structure or proposed building or incidental structure has been given written notice of it or at a later time specified by the permit authority in the notice. (5) A permit authority must ensure that a notice under subsection (4) informs the person of the person's right of review under section 119. 28. To whom permit document issued (1) A building permit document must be given to — (a) the person who is named as the builder on the building permit; and (b) each owner of the land on which the building or incidental structure is, or is proposed to be, located; and (c) the applicant, if the applicant is not a person mentioned in paragraph (a) or (b); and (d) each other prescribed person. (2A) If a building permit is granted on an uncertified application, a copy of the certificate of design compliance must also be given to the applicant. (2) A demolition permit document must be given to — (a) the person who is named as the demolition contractor on the demolition permit; and (b) each owner of the land on which the building or incidental structure is located; and (c) the applicant, if the applicant is not a person mentioned in paragraph (a) or (b); and (d) each other prescribed person. [Section 28 amended: No. 37 of 2012 s. 9.] 29. Compliance with building or demolition permit (1) The person named as the builder on a building permit must ensure that — (a) the building or incidental structure to which the permit applies is completed in accordance with the plans and specifications that are specified in the applicable certificate of design compliance; and (b) the building work otherwise complies with the building permit including each condition that applies to the permit. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. (2) The person named as the demolition contractor on a demolition permit must ensure that the demolition work complies with the demolition permit including each condition that applies to the permit. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. 30. Display of building or demolition permit details (1) The person named as the builder on a building permit must ensure that information about, or contained in, the building permit is displayed in accordance with the regulations. Penalty: a fine of $10 000. (2) The person named as the demolition contractor on a demolition permit must ensure that information about, or contained in, the demolition permit is displayed in accordance with the regulations. Penalty: a fine of $10 000. Division 4 — Duration of building or demolition permits 31. Terms used In this Division — permit means a building permit or a demolition permit; relevant permit authority, in relation to a permit, means a current permit authority for the building or incidental structure for which the permit was granted; responsible person, in relation to a permit, means — (a) in the case of a building permit, the person named as the builder on the permit; or (b) in the case of a demolition permit, the person named as the demolition contractor on the permit; work means building work or demolition work. 32. Duration of building or demolition permit (1) A permit has effect for — (a) the period set out in the permit as the period during which it has effect; or (b) such longer period that is approved on an application to extend the time during which the permit has effect. (2) If a permit does not set out the period during which it has effect, a permit has effect for — (a) 2 years from the day on which it is granted; or (b) such longer period that is approved on an application to extend the time during which the permit has effect. (3) The regulations may provide for — (a) applications to extend the time during which a permit has effect; and (b) the submission of information and documentation in support of an application; and (c) the grounds for extending the time during which a permit has effect; and (d) the maximum period of extension of time during which a permit can have effect; and (e) the imposition of conditions in relation to an extension of time; and (f) fees for applications; and (g) review by the State Administrative Tribunal of a decision of a permit authority made on an application; and (h) any other matter relating to an application. (4) A permit ceases to have effect on the day on which a notice of completion in relation to the permit is received by the permit authority under section 33. 33. Notice of completion (1) The responsible person in relation to a permit must, within 7 days of completion of the work, or the stage of the work, for which the permit was granted, give notice of completion to a relevant permit authority. Penalty: a fine of $10 000. (2) A notice of completion must — (a) be in an approved form; and (b) state that the work, or the stage of the work, for which the permit was granted, is completed; and (c) be accompanied by a copy of a certificate for each inspection or test mentioned in section 25(3)(h) or (4)(f) that applies to the permit. 34. Notice of cessation (1) The responsible person in relation to a permit may, before completion of the work, or the stage of the work, for which the permit was granted, give notice of cessation to act as the responsible person to a relevant permit authority. (2) The notice of cessation has no effect unless it — (a) is in an approved form; and (b) states that the work, or the stage of the work, for which the permit was granted, is not completed; and (c) states that the person has ceased to act as the responsible person; and (d) is accompanied by a copy of a certificate for each inspection or test mentioned in section 25(3)(h) or (4)(f) that applies to the permit and was to be obtained before the notice is given. (3) A responsible person must, within 7 days of giving a notice of cessation to a relevant permit authority, give a copy of the notice to an owner of the building or incidental structure to which the permit applies but the documents mentioned in subsection (2)(d) do not need to be given to an owner. Penalty: a fine of $10 000. 35. Suspension of building or demolition permit A permit does not have effect during the period starting from the day on which — (a) a notice of cessation is received by the permit authority under section 34; or (b) the responsible person's registration, approval or authority under the Registration Act or any other written law, that entitles the person to be named as builder or demolition contractor on the permit, ceases to have effect, and ending on the first of the following days — (c) the day that a relevant authority approves a new responsible person for the work to which the permit applies; (d) the day on which the permit ceases to have effect under section 32(1) or (2). Division 5 — Inspections of building or demolition work 36. Regulations (1) The regulations may provide for matters about inspecting or testing a building or an incidental structure, or building work or demolition work, to which a building permit or demolition permit applies. (2) Without limiting subsection (1) the regulations may — (a) prescribe the inspections or tests that are to be conducted during or at the completion of building work or demolition work; and (b) list the inspections and tests that may be specified by a building surveyor in a certificate of design compliance for a particular building or incidental structure as inspections or tests that are to be conducted during or at the completion of the building work; and (c) provide for the persons or classes of persons who may conduct inspections or tests; and (d) provide for the methods to be adopted in the inspection or testing process; and (e) provide for the frequency of inspection or testing or the means for determining whether, when and how often an inspection or test must be conducted; and (f) provide for persons undertaking building or demolition work to give notice of having reached, or completed, a stage of building or demolition work; and (g) require an inspection certificate to be obtained; and (h) make provision in relation to the form of an inspection certificate; and (i) provide for the keeping of records in relation to matters mentioned in this section; and (j) provide for the reporting of information about matters mentioned in this section. Part 3 — Building standards 37. All buildings to comply with applicable building standards (1) The person who is named as the builder on a building permit must ensure, on completion of the building or incidental structure to which the permit applies, that the building or incidental structure complies with each applicable building standard. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. (2) Each owner of a building or an incidental structure in respect of which building work is done without a building permit being in effect for the building work must ensure, on completion of the building or incidental structure, that the building or incidental structure complies with each applicable building standard. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. [Section 37 amended: No. 37 of 2012 s. 36.] 38. All demolition work to comply with applicable building standards (1) The person who is named as the demolition contractor on a demolition permit must ensure that the demolition work to which the permit applies complies with each applicable building standard. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. (2) Each owner of a building or an incidental structure in respect of which demolition work is done without a demolition permit being in effect for the demolition work must ensure that the demolition work complies with each applicable building standard. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. [Section 38 amended: No. 37 of 2012 s. 37.] 39. Non‑application and modification of building standards (1) In this section — declaration means a declaration under subsection (2); specified means specified in a declaration. (2) The Building Commissioner may, in writing and on the application of another person declare that — (a) a specified building standard does not apply to a specified building, specified incidental structure or specified demolition work; or (b) a building standard that applies to a specified building, specified incidental structure or specified demolition work is modified in a specified way. (3) A declaration has effect in accordance with its terms. (4) The Building Commissioner must not make a declaration unless satisfied that the declaration would not result in an increased risk to people, property or the environment and that making the declaration — (a) is in the public interest; or (b) is consistent with the purpose of any other written law or a Commonwealth law. (5) A declaration may be made subject to specified conditions. (6) If a declaration is made subject to a specified condition, the declaration has no effect at any time when the condition is being contravened. (7) The Building Commissioner may, by notice in writing, revoke or amend a declaration at any time and must serve the applicant for the original declaration with a copy of the notice. (8) An application for a declaration must be made in an approved manner and form and accompanied by — (a) the prescribed fee, if any, for the application; and (b) each other thing that is prescribed to accompany the application. (9) The regulations may provide for matters relating to — (a) dealing with applications including giving notice of the right of review under section 120; and (b) the grounds for revoking or amending a declaration. (10) The Building Commissioner must keep a register of every declaration made and make the register available, without charge, for public inspection. [Section 39 amended: No. 37 of 2012 s. 10.] Part 4 — Occupancy permits and building approval certificates Division 1 — Occupancy permits 40. Term used: occupier In this Division — occupier, in relation to a building, includes a person who occupies or uses the building, or the land on which the building is located, under a lease, tenancy agreement or licence. 41. Certain buildings not to be occupied or used without an occupancy permit (1) In this section — temporary permit means an occupancy permit granted on an application mentioned in section 47. (2) An owner or occupier of a completed building must not occupy or use, or permit the occupation or use of, the building unless — (a) an occupancy permit, other than a temporary permit, is in effect for the building; or (b) a temporary permit for the building has effect for a period after the completion of the building and the occupation or use of the building is during that period; or (c) an occupancy permit is not required for the building under Part 5 or regulations or an order mentioned in Part 5 Division 1. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. (3) An owner or occupier of an incomplete building must not occupy or use, or permit the occupation or use of, the building unless — (a) a temporary permit is in effect for the building; or (b) an occupancy permit is not required for the building under Part 5 or regulations or an order mentioned in Part 5 Division 1. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. 42. Display etc. of, occupancy permit details Each owner of a building for which an occupancy permit is in effect must ensure that — (a) information about, or contained in, the occupancy permit is displayed in accordance with the regulations; or (b) information about, or contained in, the occupancy permit is otherwise brought, in accordance with the regulations, to the attention of the building's occupiers or other persons using the building. Penalty: a fine of $10 000. 43. Occupation, use of buildings to comply with occupancy permits (1) An owner of a building must not occupy or use, or permit the occupation or use of, the building in a way that is — (a) different from the use authorised by an occupancy permit that is in effect for the building; or (b) inconsistent with the building's classification that is set out in an occupancy permit that is in effect for the building. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. (2) An occupier of a building must not occupy or use, or permit the occupation or use of, the building in a way that is — (a) different from the use authorised by an occupancy permit that is in effect for the building; or (b) inconsistent with the building's classification that is set out in an occupancy permit that is in effect for the building, unless, at the time of the alleged offence, the relevant provisions of the occupancy permit had not been brought to the attention of the occupier in any way. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. 44. Compliance with occupancy permit generally (1) Each owner of a building for which an occupancy permit is in effect must ensure that the occupancy permit is complied with including each condition that applies to the permit. Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months. (2) Subsection (1) does not apply to a matter to which section 43(1) applies. 45. Regulations about safety and health matters in buildings requiring occupancy permits (1) The regulations may provide for matters relating to — (a) the safety or health of occupiers or other users of buildings requiring occupancy permits; and (b) amenity or sustainability of buildings requiring occupancy permits. (2) Without limiting subsection (1) the regulations may — (a) provide for the kind of equipment, machinery or systems required for a building for the safety or health of its occupiers or other users of the building, equipment, machinery or systems; and (b) provide for the maintenance of equipment, machinery or systems; and (c) require an owner or occupier of a building to arrange for a person belonging to a prescribed class of persons to inspect or test equipment, machinery or systems on a specified day, at specified intervals or when a specified event occurs; and (d) require a permit authority to arrange for an authorised person to inspect or test equipment, machinery or systems, on a specified day, at specified intervals or when a specified event occurs; and (e) provide for the keeping of records in relation to matters mentioned in this section; and (f) provide for the reporting of information about matters mentioned in this section; and (g) provide for charges to be imposed on an owner or occupier of a building in respect of costs of inspections mentioned in paragraph (d). (3) Regulations mentioned in subsection (1) cannot provide for matters in relation to a building that would be in addition to the matters set out in an occupancy permit that is in effect for the building if the occupancy permit is one of the following kinds — (a) a certificate of classification that, under section 181(2) or (3), is to be taken to be an occupancy permit; (b) an occupancy permit granted for a building completed after commencement day under a building licence that, under section 178, is to be taken to be a building permit; (c) an occupancy permit granted on an application mentioned in section 181(4). Division 2 — Kinds of applications for occupancy permits and building approval certificates 46. Application for occupancy permit for completed buildi