Building Act 1993

(1) An application for a certificate of existence may be made to a building certifier by the owner of a building or by the owner's agent.

(2) An owner or owner's agent may apply for a certificate of existence in relation to building work (existing building work):

(a) carried out in or on a building of a class prescribed by regulation; and

(a) a relevant building law, at the time the existing building work was carried out, required a building authorisation to be granted for the work; and

(i) a building authorisation was not in force for the existing building work at the time it was carried out;

(ii) the existing building work was carried out while a building authorisation was in force for the work but it is not substantially compliant with the authorisation;

(iii) the existing building work was carried out while a building authorisation was in force for the work but it is not substantially compliant with the requirements of the relevant building law that applied to the work at that time;

(iv) the existing building work was carried out while a building authorisation was in force for the work but it does not meet the applicable technical standards.

applicable technical standards, in relation to existing building work for which a building authorisation was granted, means any standards or codes, in force in the Territory during the period the building authorisation was in force, that regulated the building work.

building authorisation means a building permit or equivalent document (however described) issued under a relevant building law.

relevant building law means a law (including standards and codes under the law) in force in the Territory that, at the time existing building work was carried out, regulated the carrying out of the existing building work.