Building Act 2004

The construction occupations registrar must issue a certificate of occupancy for building work that involves the erection or alteration of a building if, on application by the owner of the parcel of land where the building work was carried out, the registrar is satisfied that—

the building work has been completed in accordance with the prescribed requirements for the building work; and

the building as erected or as altered is fit for occupation and use as a building of the class stated in the approved plans for that building work; and

if required by regulation—the application includes a building manual for the building work approved by the certifier in accordance with section 48A.

Note 1 If the building work only involved erecting part of a building, see s (3).

Note 2 Power to make a decision includes power to reverse or change the decision (see Legislation Act, s 180).

If building work involving the erection or alteration of a building as completed is not strictly in accordance with the prescribed requirements for the building work but is substantially in accordance with the requirements, the construction occupations registrar may, on application made by the owner of the parcel of land where the building work has been carried out, issue a certificate that the building as erected or as altered is fit for occupation and use as a building of the class stated in the approved plans for that building work.

The owner of a parcel of land where building work was carried out may apply for a certificate under subsection (2B).

The construction occupations registrar may issue a certificate in relation to a building that the building as erected or altered is fit for occupation and use as a building of the class stated in the certificate if—

the registrar is not satisfied on reasonable grounds that building work involving the erection or alteration of the building has been completed in accordance, or substantially in accordance, with the prescribed requirements for the building work; and

Note Prescribed requirements—see s 66.

the applicant has completed any certification process prescribed by regulation in relation to the building or building work; and

the building, or building work, is not excluded by regulation from this subsection.

A certificate mentioned in subsection (2B) in relation to a building must include a statement to the effect that—

the construction occupations registrar is not satisfied on reasonable grounds that building work involving the erection or alteration of the building has been completed in accordance, or substantially in accordance, with the prescribed requirements for the building work; and

Note Prescribed requirements—see s 66.

the giving of the certificate does not affect the liability of anyone to comply with the provisions of a territory law (including this Act) in relation to the building; and

Note See s 68 (Effect of certificates under div 5.1).

part 6 (Residential building work—warranties, conditions, insurance etc) may not apply to the building work.

If part of a building has been erected in accordance with the prescribed requirements so far as they relate to the part of the building, the construction occupations registrar may, on an application made by the owner of a parcel of land where the building is being erected, issue a certificate that the part of the building is fit for occupation and use as a part of a building of the class stated in the approved plans in relation to the building work.

A regulation may prescribe—

matters that must be considered by the construction occupations registrar in deciding whether a building is fit for occupation and use; and

requirements that must be satisfied before a certificate of occupancy may be issued.

Note 1 Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Note 2 Unless prescribed by regulation, the construction occupations registrar is not required to conduct a physical inspection of a building or a detailed audit of the approved plans or other submitted documents in deciding whether to issue a certificate of occupancy.