Building Act 2004

A certifier must tell the territory planning authority if—

the certifier suspects that—

site work does not comply with, or is likely to produce a building that does not comply with, approved building plans; and

the site work is development requiring development approval; and

either—

there is no development approval for the site work; or

if there is development approval in relation to the site work—the site work has been done, or is likely to be done, in a way that will not comply with, or is likely to produce a result that will not comply with, the development approval; and

the certifier is certifier for building work at the land where the site work has been carried out.

Notice of a suspicion of noncompliant site work given under this section is taken to be a complaint made under the Planning Act 2023, s 413.

Subsection (1) applies whether or not a notice under section 44 (2) (a) (Stage inspections) has been given in relation to the matter.

For subsection (1) (a) (ii), a certifier may rely on an exemption assessment D notice issued not more than 3 months earlier.

An exemption assessment D notice states whether a development is exempt from requiring development approval (see Planning Act 2023, s 152 (2) (b) (i)).

Subsection (3) applies whether or not the exemption assessment D notice was incorrect if the certifier was not aware, and could not reasonably have been aware, that the notice was incorrect.

To remove any doubt, for this section, a certifier is not required to—

inspect or investigate anything not associated with working out if a building or building work for which the certifier has been appointed certifier complies with this Act; and

work out if something complies, or does not comply, with a law other than this Act (unless this Act requires something to comply with another law); and

find out whether there is development approval for building work.