Building Act 2004

To remove any doubt—

Example of work other than building work shown in approved plans

Approved plans show a multi-unit townhouse development. As well as showing the townhouse buildings, the plans include landscape plans and structural engineer’s plans for structural elements, brickwork screen walls, paling fencing and reinforced concrete pedestrian surface paving. The building approval only relates to the townhouse buildings (including their structural elements), the retaining walls, the screen walls and the fencing.

Example of building work on parcel of land other than parcel to which application relates

1 Approved plans show a shop which is proposed to have an awning over the footpath in front of the shop. The awning is over unleased territory land, while the rest of the shop is on leased land. An application for building approval may only be made by the owner of the parcel of land for approval to carry out building work on the land. If only the owner of the leased land applies for building approval and the building approval is issued, the building approval can relate only to building work on the leased land and not to the awning. However, if the Territory and the owner of the leased land jointly apply for building approval and the approval is issued, the approval can relate to building work on both the awning and the leased land. But, if the Territory grants the applicant a permit for the awning to be over a public place, the permit-holder is, under this Act, taken to be the owner and may apply for building approval for all the building work, including the awning.

2 Approved plans show proposed demolition of a fence and a party wall. The wall and fence straddle a common boundary shared by 2 land parcels. The building approval can not operate in relation to only 1 of the parcels. If building approval is required for the demolition, it must relate to both parcels of land.