Building Act 1993

This Act may be cited as the Building Act 1993.

The various provisions of this Act shall come into operation on such dates as are respectively fixed by the Administrator by notice in the

Gazette in relation to those provisions.

The objects of this Act are:

(b) to facilitate the adoption and efficient application of national uniform building standards; and

(c) to facilitate national uniform accreditation of building products, construction methods, building designs, building components and building systems; and

(d) to maintain, enhance and improve the safety, health and amenity of people using buildings; and

(e) to promote and provide for the construction of environmentally efficient buildings; and

(f) to provide an efficient and effective system for granting building permits and occupancy certification, administering building matters and resolving building disputes; and

(g) to reform aspects of the law relating to the legal liability of regulatory agencies and building practitioners; and

(h) to facilitate national uniformity in the training and qualifications of certain building practitioners and the recognition of qualifications on a national basis; and

(hb) to provide for the investigation, audit and disciplining of building practitioners; and

(hc) to establish a scheme relating to residential building consumer protection and the provision of residential building insurance or fidelity certificates; and

(k) to aid the achievement of an efficient and competitive building industry.

In this Act:

access modification decision, for Part 10A, see section 129G(2).

actuary, for an approved scheme, means the actuary appointed for the scheme under section 54E(1)(b).

adjoining property, in relation to building work, means a property (including a street) that is next to, or near, the land on which the building work is to be carried out.

Advisory Committee means the Building Advisory Committee established by section 9(1).

alternative solution decision, for Part 10A, see section 129E(2).

Appeals Board means the Building Appeals Board established by section 17.

applicant, for Part 10A, see section 129A.

approval criteria, for a fidelity fund scheme, see section 54DA(3).

approval to occupy a building on a temporary basis means an approval granted under Part 8, Division 4.

approved means approved by the Director.

approved form means a form approved under section 167A.

approved insurer means a body corporate or person approved under section 54CA.

approved scheme means a fidelity fund scheme approved under section 54DB(3)(a).

auditor:

(b) for Part 5A – for an approved scheme, means the auditor appointed for the scheme under section 54E(1)(a).

authorised officer means a person appointed to be, or who is a member of a class of persons appointed to be, an authorised officer or authorised officers under section 162(1).

authorised RBI policy, see section 54CB(1).

builder's declaration, see section 69(1).

Building Area means a part of the Territory to which, under section 6(2), all or any of the provisions referred to in that section are declared to apply.

building includes a structure and a part of a building or structure.

building certifier means an individual or corporation registered under section 24 in the category of building practitioners known as building certifiers and, in relation to a function the Director is directed under section 48 to perform, includes the Director.

building notice means a building notice issued under section 108 or 109.

building order means a building order made under section 112.

building permit means a permit to carry out building work granted under this Act.

building practitioner:

(b) otherwise – means, an individual or corporation registered under Part 3.

building work means work for or in connection with the construction, demolition or removal of:

(b) plumbing or drainage services, whether or not connected to a building, other than plumbing or drainage services vested in the Power and Water Corporation established by the Power and Water Corporation Act 1987.

carry out, in relation to building work, includes to cause to be carried out.

category of building practitioner has the meaning in section 4A.

certificate of existence means a certificate granted under Part 8, Division 3.

certificate of substantial compliance means a certificate granted under Part 8, Division 2A.

Commissioner means the Commissioner of Residential Building Disputes mentioned in section 54F.

construct, in relation to a building, includes:

consumer guarantee dispute, see section 54FC(2).

consumer guarantees, see section 54B(1).

contracting owner means the owner of the land to which a residential building contract applies.

contracting residential builder means a prescribed building contractor mentioned in section 48B who is not a developer.

current owner, for Part 5A, see section 54AD.

deemed to satisfy provisions, in relation to disability access provisions, see section 129B(2)(a)(ii).

defective, in relation to prescribed residential building work, means building work:

(a) carried out by a residential builder in a way that contravenes a consumer guarantee; or

(b) for which the residential builder has supplied materials otherwise than as required by a consumer guarantee.

developer means a prescribed building contractor mentioned in section 48B who carries out prescribed residential building work on land owned by that building contractor.

Director means the Director of Building Control appointed under section 7.

disability access decision, for Part 10A, see section 129A.

disability access provisions, see section 129B.

exemption certificate, see section 73A(1).

existing building work, in relation to a certificate of existence, see section 72D(2).

fidelity certificate, see section 54D.

fidelity fund scheme means a scheme for a building industry fidelity fund established under a trust deed.

fire upgrading report means a report prepared under section 116.

guidelines, see section 167B.

Minister's observer, for an approved scheme, means the Minister's observer appointed under section 54DFA(1).

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

nominee, of a corporation, means an individual appointed under section 22A as the corporation nominee.

occupancy certification, means one of the following:

occupancy permit means a permit granted under Part 8, Division 2.

owner, in relation to land, includes every person who jointly or severally:

(a) is entitled to the land for an estate of freehold in possession; or

(b) is a person to whom the Crown has lawfully contracted to sell the land under an Act relating to the alienation of lands of the Crown; or

(c) is entitled to receive or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise.

owner-builder means a person to whom an owner-builder certificate is granted.

owner-builder certificate means a certificate granted under section 48F(1).

performance reporting means information on past performance of building practitioners available in the system mentioned in section 14(1)(a).

performance requirements, in relation to disability access provisions, see section 129B(2)(a)(i).

Practitioners Board means the Building Practitioners Board established by section 12.

prescribed means prescribed by regulation.

prescribed certification, see section 73A(2).

prescribed effective period, in relation to consumer guarantees, see section 54B(2).

prescribed event, see section 73C(2).

prescribed residential building work, see section 54AB(1).

promote or conduct, in relation to a public assembly, includes to be interested in the proceeds or profits, if any, of the public assembly.

prudential standards, for an approved scheme, see section 54DC.

public assembly means an assembly of persons whether or not admission to the assembly is gained on payment of money or other consideration and whether or not its purpose is public entertainment.

public authority means the Crown, a local government council, or a public authority established by or under an Act or a statutory body representing the Crown, and includes a person exercising functions on behalf of the Crown or council or the authority or body.

RBI means residential building insurance.

RBI policy document, see section 54CD(2).

registered means registered under Part 3.

Registrar, in relation to a committee or board, means the employee, within the meaning of the Public Sector Employment and Management Act 1993, whose duties under that Act include performing the functions of the Registrar of the committee or board.

Regulations includes a code or other document adopted by the Regulations for the purposes of this Act.

relevant person, in Part 9, means the owner of land or a building who proposes to carry out building work on the land or building.

relevant technical standards, for Part 8, in relation to building work for which a building permit has been granted, means any standards or codes, in force in the Territory during the period the building permit is in force, that regulate the building work.

repealed Act means the Building Act 1983 as in force immediately before the commencement of this Act.

reporting authority means a body or person (other than the building certifier to whom the application is made) required by the Regulations to report on, or consent to, an application for a building permit.

residential builder, see section 54AB(2) and (3).

residential building means a building in relation to which a residential builder carries out prescribed residential building work.

residential building contract means a contract entered into under section 48B(1).

residential building insurance, see section 54C.

special actuary, for an approved scheme, means the special actuary appointed for the scheme under section 54EF.

street includes a road (within the meaning of the Control of Roads Act 1953), lane, footway, square, court, alley and right of way.

temporary structure means:

(a) a booth, tent or other temporary enclosure, whether or not a part of it is permanent; or

Tribunal means the Civil and Administrative Tribunal.

(3) In this Act, a reference to a category of building practitioner includes:

prescribed under subsection (2).

This Act binds the Crown, not only in right of the Territory but, to the extent that the legislative power of the Legislative Assembly so permits, the Crown in all its other capacities.

Minister so declaring, those provisions apply accordingly.

Act and the Regulations prevail over all other Acts and instruments of a legislative character.

The Minister may appoint an employee, within the meaning of the

Public Sector Employment and Management Act 1993, to be the

Director of Building Control.

(aa) to investigate complaints against, and to audit the work and conduct of, building practitioners; and

(ab) to conduct disciplinary proceedings in relation to building practitioners before the Practitioners Board; and

(ac) to prosecute alleged offences against this Act or the Regulations, whether the alleged offender is a building practitioner or another person; and

(a) to advise the Minister on all matters relating to building in the Territory; and

(c) to liaise with groups and bodies involved in the building industry and with other interested groups or bodies on building matters; and

(d) to publish reports and disseminate information on building matters; and

(e) to carry out periodic reviews of this Act and the Regulations; and

(f) to report on any building matters when required by the Minister to do so; and

(g) to liaise with any national body established to deal with building regulation matters; and

(h) such other functions as are imposed on the Director by or under this or any other Act or as directed by the Minister.

(2) The Director has such powers as are conferred on him or her by or under this or any other Act and, subject to this Act, may do all things necessary or convenient to be done for or in connection with or incidental to the performance of his or her functions and the exercise of his or her powers.

(3) The Director must keep, and make available to members of the public for inspection at his or her office during normal office hours, a register of building permits and occupancy certification.

Minister as the Minister thinks fit.

Deputy Chairperson.

Appeals Board or the Practitioners Board may be appointed as a member of the Advisory Committee.

Schedule 2 has effect with respect to the members and procedure of the Advisory Committee.

(b) to investigate and report to the Minister on all matters related to this Act that are referred to it by the Minister; and

(c) to accredit building products, construction methods, designs, components or systems; and

(d) such other functions as are imposed on it by or under this or any other Act or as directed by the Minister.

(2) The Advisory Committee has such powers as are conferred on it by or under this or any other Act and, subject to this Act, may do all things necessary or convenient to be done for or in connection with or incidental to the performance of its functions and the exercise of its powers.