Building Act 2004

This section applies if—

a building approval has been issued for building work; and

under the Construction Occupations (Licensing) Act 2004, any of the work must be done by a licensed builder; and

a licensed builder has been engaged to do the work.

The licensed builder may apply, in writing signed by the owner of the parcel of land where the building work is to be done, to a certifier for a commencement notice for the work or part of it.

The ordinary rules of agency apply in relation to an application under this section.

If, under section 37B, a sign must be displayed on the parcel of land before the application is made, the licensed builder must state in the application that the builder—

erected the sign, and displayed the sign for the required period; or

is reasonably satisfied that the sign was erected by a licensed builder and displayed for the required period.

Knowingly or recklessly giving someone information in relation to a construction service that is false or misleading is a ground for occupational discipline (see Construction Occupations (Licensing) Act 2004, s 55 (1) (b)).

If the application is for insurable residential building work, the application must be accompanied by—

a residential building insurance policy for the work; or

a certificate issued by an approved insurer stating that the insurer has insured the work under a residential building insurance policy; or

a fidelity certificate for the work issued by the trustees of a scheme approved under division 6.4 (Approved fidelity fund schemes).

On receiving the application, the certifier must issue a building commencement notice for the building work if satisfied on reasonable grounds that the builder’s licence authorises the work in the building approval.

‘Under’ includes ‘in accordance with’ (see Legislation Act, dict, pt 1, def under), so an application must comply with this section before it can be approved.

If a certifier issues a building commencement notice, the certifier must give a copy of it to the construction occupations registrar within 1 week after the day of its issue.

In this section:

has had a form of residential building insurance policy approved by the construction occupations registrar; and

has not given to the registrar a notice under section 95 (Duties of insurers).