Building approval applications
26 Building approval applications
The owner of a parcel of land may, in writing, apply to the certifier for a building approval for building work to be carried out on the land.
Note At common law, an agent may make an application on the owner’s behalf.
The application must—
be accompanied by the number of copies of the plans relating to the proposed work prescribed under the regulations; and
nominate the kind of certificate of occupancy for which the applicant proposes to apply; and
be accompanied by a waste management plan if the building work involves—
the demolition of a building; or
the alteration of a building other than a class 1, class 2 or class 10a building; and
be accompanied by an asbestos removal control plan if a building to which the building work relates—
is a class 1, class 2, class 3 or class 4 building, or a class 10 building associated with a class 1, class 2, class 3 or class 4 building; and
was erected before, or the erection of which started before, 1985; and
if there is an asbestos assessment report for premises to which the building work relates—be accompanied by a copy of the asbestos assessment report unless the applicant cannot obtain the report after taking reasonable steps; and
if there is development approval for development to which the building work relates—be accompanied by a copy of the development approval, unless the applicant cannot obtain a copy of the approval after taking reasonable steps; and
if there is an exemption assessment D notice for development to which the building work relates—be accompanied by a copy of the exemption assessment D notice; and
if required under an energy efficiency provision—be accompanied by an energy efficiency certificate; and
if the development to which the building work relates is a development proposal to which the Planning (Exempt Development) Regulation 2023, schedule 1, section 1.18 applies—be accompanied by a written notice that the section has been complied with within 2 years before the day the application is made.
Example—written notice a copy of any form prepared for the Planning (Exempt Development) Regulation 2023, sch 1, s 1.18 and a statement about how and when it was given
The regulations may require the application to contain other details or be accompanied by other material.
In this section:
energy efficiency provision—see section 139C (4).
This provision refers to the regulations (prescribed under the regulations
, The regulations may require
). Made under this Act:
- Building and Construction Legislation Amendment Regulation 2025 (no 1) · under s 152
- Building (General) Regulation 2008 · Rule · under s 152
This Act’s bill:Explanatory statementSecond reading speech
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