Building Act 1993

sections 57, 70(2)(a), 72B(2)(a), 72E(4)(b) and 76C

1 Agent to be authorised

A person must not act as an agent of an owner for the purpose of making an application for a building permit or occupancy certification unless the person is authorised in writing by the owner to do so.

Maximum penalty: 8 penalty units.

2 Building certifier not required to look beyond apparent authority

A building certifier is not required to inquire whether an agent who makes an application for a building permit or occupancy certification purportedly as the agent of an owner is authorised to do so in accordance with this Act.

3 Form of application

An application for a building permit or occupancy certification must be in an approved form, must contain the information required by the form and must be accompanied by the documents, if any, prescribed for the purposes of this clause.

4 Form of building permit or occupancy certification

A building permit or occupancy certification must be in an approved form.

5 Reporting authorities to be consulted

(1) Unless otherwise permitted by this Schedule to do so, a building certifier must not decide an application for a building permit or occupancy certification required by the Regulations or by or under any other Act to be reported on or consented to by a reporting authority unless the report or consent has been obtained and the building certifier has been supplied with a copy.

Maximum penalty: 85 penalty units.

(2) An applicant for a building permit or occupancy certification must notify the building certifier when the application is made whether the applicant has applied or intends to apply for a report or consent referred to in subclause (1) or has such a report or consent.

6 Applicant may obtain report or consent

(1) An applicant for a building permit or occupancy certification that must be reported on or consented to by a reporting authority may obtain a report or consent from the reporting authority.

(2) A building certifier need not obtain a report or consent from a reporting authority if the applicant notifies the building certifier that the applicant has applied for or intends to apply for the relevant report or consent or the applicant supplies a copy of a relevant report or consent made or given in the 12 months preceding the application.

(3) An applicant who applies for and obtains a relevant report or consent must supply a copy of it to the building certifier when the application for the building permit or occupancy certification is made or within such further time as is prescribed or allowed by the building certifier.

7 Failure of reporting authority to supply report or consent

A reporting authority is taken to have responded to a request for a report or consent if the response has not been provided to the applicant within the prescribed time, and where the request was for a report, the building certifier is taken to have been supplied with a copy of the report.

8 Building certifier to consider report

(1) A building certifier must consider a report of a reporting authority supplied to the building certifier in accordance with this Schedule before making a decision on the application to which the report relates.

(2) A building certifier is not required to implement a recommendation of a reporting authority's report.

9 Determination of application

(1) A building certifier must, within the prescribed time after an application for a building or building permit or occupancy certification (other than a certificate of existence) is made to the certifier:

(a) grant the permit or certification subject to any reasonable conditions the certifier considers appropriate; or

(2) A building certifier is taken to have refused an application if the certifier has not granted the building permit or occupancy certification within the prescribed time.

(3) A building certifier must, within the prescribed time after an application for a certificate of existence is made to the certifier, make a recommendation under section 72E.

(4) The Director must, within the prescribed time after a recommendation is made to the Director under section 72E:

(a) grant the certificate of existence subject to any reasonable conditions the Director considers appropriate; or

(5) The Director is taken to have refused an application for a certificate of existence if the Director has not granted the certificate within the prescribed time.

(6) A building certifier or the Director must refuse to grant occupancy certification in relation to building work if satisfied that the work contravenes:

(c) a consent or approval given under a law in force in the Territory.

10 Reasons to be given

(1) A decision maker must notify an applicant for a building permit or occupancy certification, in writing, of the following:

(b) if the permit or certification is granted subject to conditions – the reasons for the conditions.

decision maker means:

(a) in relation to an application for the grant of a certificate of existence – the Director; or

(b) in relation to any other application – the building certifier to whom the application was made.

11 Approvals where reporting body involved

(1) If a building certifier grants a building permit or occupancy certification that must be reported on or consented to by a reporting authority, the building certifier must, within 7 days after so doing, send to the reporting authority:

(b) where the grant of the permit or certification differs from or fails to require the implementation of a recommendation of the reporting authority, a copy of the decision of the building certifier in relation to the report of the reporting authority.

Maximum penalty: 40 penalty units.

(2) If the Director grants a certificate of existence that must be reported on or consented to by a reporting authority, the Director must, within 7 days after so doing, send to the reporting authority:

(b) where the grant of the certificate differs from or fails to require the implementation of a recommendation of the reporting authority, a copy of the Director's decision in relation to the report of the reporting authority.

12 Appeals

(1) The owner of a building or land on which building work is proposed to be carried out, or the owner's agent, may, in accordance with Part 11, appeal to the Appeals Board against a refusal of a building certifier to grant, or against a condition imposed on, a building permit for the work.

(2) The owner of a building or land on which building work is carried out, or the owner's agent, may, in accordance with Part 11, appeal to the Appeals Board against a refusal of a building certifier to grant, or against a condition imposed on, an occupancy permit or certificate of substantial compliance for the work.

(2A) The owner of a building or the owner's agent may, in accordance with Part 11, appeal to the Appeals Board against a refusal of a building certifier to grant, or against a condition imposed on, an approval to occupy the building on a temporary basis.

(2B) The owner of a building or land on which existing building work has been carried out, or the owner's agent, may, in accordance with Part 11, appeal to the Appeals Board against a refusal of the Director to grant, or against a condition imposed on, a certificate of existence.

(3) For this clause, a refusal to grant a building permit or occupancy certification includes a refusal mentioned in clause 9(2) or (5).