Building (General) Regulation 2008

This section applies to an application—

for building approval under the Act, section 26 (Building approval applications); and

for approval of amended plans under the Act, section 31 (Application for approval of amended plans).

Before issuing an approval under the Act, section 28 (Issue of building approvals) or section 32 (Amendment of approved plans), the certifier must decide whether loose-fill asbestos insulation was installed in—

a building—

on which the building work the subject of the application for building approval is to be done; or

to which the plans the subject of the application for approval of amended plans relates; or

a connected building.

For subsection (2), the certifier must decide that loose‑fill asbestos insulation—

was installed in the building or connected building if—

the building or connected building is in a prescribed area; and

either—

the construction occupations registrar has issued a statement that the registrar holds records indicating that loose-fill asbestos insulation was installed in the building or connected building; or

the certifier has information indicating that loose‑fill asbestos insulation was installed in the building or connected building; or

was not installed in the building or connected building if—

either—

the building and connected building are not in a prescribed area; or

the building or connected building is in a prescribed area, but the registrar has issued a statement that the registrar does not hold any records indicating that loose-fill asbestos insulation was installed in the building or connected building; and

the certifier does not have any information indicating that loose-fill asbestos insulation was installed in the building or connected building.

The certifier is taken to have information indicating that loose-fill asbestos insulation was installed in a building or connected building if—

the building or connected building is included on the affected residential premises register; and

the affected residential premises register is publicly available.

If the certifier decides that loose-fill asbestos insulation was installed in the building or connected building, the certifier must before issuing an approval mark each page of the approved plans with an asbestos warning notice.

If the certifier decides that loose-fill asbestos insulation was not installed in the building or connected building, the certifier must not mark the approved plans with an asbestos warning notice.

The constructions occupations registrar may, in writing, declare an area to be a prescribed area if satisfied that loose-fill asbestos insulation was installed in a building in the area.

A declaration is a notifiable instrument.

In this section: