Building Act 1993

A building certifier must not grant an occupancy permit unless the application for the permit is accompanied by a declaration, in an approved form (a builder's declaration), stating that the building work to which it relates has been carried out in accordance with the building permit granted for the building work.

The builder's declaration must be made by the natural person who carried out the building work or was in charge of carrying out the work.

However, subsection (2) does not apply if the builder's declaration is made for a corporation under a provision of this Act or a regulation specifying procedures for another natural person to make the declaration.

A person must not make a false statement in a builder's declaration.

A person who makes a builder's declaration for a corporation as mentioned in subsection (3) must not be prosecuted for an offence against subsection (4) if the person made the declaration in good faith on the basis of information given to the person by the corporation.

Subsection (5) does not prevent the corporation, or a director of the corporation, from being prosecuted for an offence against subsection (4).

Subsection (1) does not apply if an exemption certificate has been granted in relation to the builder's declaration.