Building Act 1975

This section applies to a building development approval for building work to—

demolish or remove a building or structure; or

rebuild, after removal, a building or structure.

The building work must substantially start within 2 months after the giving of the approval.

Within 1 year after the giving of the approval—

the building work must be completed; and

if the building work is rebuilding, after removal, of a building or structure, either—

if, under the approval or a regulation, the building work must be inspected, a final inspection showing that the building work complies with the approval or regulation is carried out; or

under chapter 5, a certificate of occupancy must be given for the building.

The condition under subsection (3) is the demolition/removal completion condition.

However, a person may apply to the local government to approve 1 extension of the period mentioned in subsection (3) for a period of up to 6 months.

The application must be—

made before the end of the period mentioned in subsection (3); and

in writing; and

supported by enough information to enable the local government to decide the application.

A person who makes an application for an extension must, within 5 business days of making the application, give a copy of the application to the assessment manager who gave the building development approval mentioned in subsection (1), unless the local government is also the assessment manager.

The local government may consult with any other entity the local government considers appropriate in deciding the application.

The local government must decide the application within 10 business days after the application is made.

In making a decision about the application the local government may consider all relevant matters, including, for example—

how much building work has been undertaken at the time of the making of the application and whether the building work that has been undertaken is structurally sound; and

any impact the building work may have on the local community if the extension were given or not.

The local government must, within 5 business days after deciding the application, give the applicant and the assessment manager for the building work notice of the decision.

If the decision is to refuse to extend the building development approval, the notice must be an information notice.

If the local government grants the application, the building development approval for the building work is taken to have been extended for the period granted by the local government.

Subsection (15) applies if—

an application for an extension is made before the end of the period mentioned in subsection (3); and

the local government has not made a decision about the application before the end of that period.

The building development approval for the building work is taken to have been extended until the earlier of the following events—

the local government notifies the applicant of its decision;

the end of 6 months after the end of the period mentioned in subsection (3).