General requirements for grant of building permit
59 General requirements for grant of building permit
A building certifier must not grant a building permit unless:
(a) the building work and the building permit will comply with this Act and the Regulations; and
(b) all relevant planning or other prescribed consents, reports or approvals, if any (including consents or reports referred to in Schedule 3, clause 5), have been obtained or are to be granted or supplied concurrently with the building permit and the building permit is consistent with those consents and approvals; and
(c) all planning or other prescribed conditions, if any, will be complied with.
Maximum penalty: 85 penalty units.
(1A) A building certifier must not grant a building permit for building work prescribed for section 48B unless the building contractor has provided evidence in the approved form to the building certifier that there is in force a contract as required by the section.
(1B) A building certifier must not grant a building permit for prescribed residential building work unless the residential builder who will carry out the work gives the building certifier the RBI policy document, or a copy of the fidelity certificate, in force for the work.
(1C) A building certifier must not grant a building permit relying on a certificate under section 40 unless he or she is satisfied that the certificate was issued by a person who is registered as a building practitioner.
(1CA) A building certifier must not grant a building permit for building work to which an access modification decision under section 129G(2)(b) relates if the work may not comply with the modifications recommended in the decision.
(1D) A building certifier must specify in a building permit granted for building work prescribed for Part 4A or 4B the inspection stages prescribed for section 62(2).
(2) A building certifier must not, in granting a building permit, impose on the applicant lesser standards or requirements than those prescribed, unless permitted to do so by or under this Act.
Maximum penalty: 85 penalty units.
This provision refers to the regulations (the Regulations
, prescribed conditions
). Made under this Act:
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.