s 1Short title
This is the Building Act 2011.
This is the Building Act 2011.
This Act comes into operation as follows —
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
In this Act, unless the contrary intention appears —
adult means a person who has reached 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently 18 or more years of age;
adversely affect land includes —
reduce the stability or bearing capacity of the land or a building or structure on the land; or
damage, or reduce the structural adequacy of, a building or structure on the land; or
the changing of the natural site drainage in a way that reduces the effectiveness of the drainage of the land or existing or future buildings or structures on the land;
applicable building standard, in a provision, means a building standard that is prescribed as an applicable building standard for the purposes of the provision in respect of a kind of building, incidental structure, building or demolition work or application to which the provision relates;
applicable certificate of design compliance, in relation to a building permit, means the certificate of design compliance —
that, as required by section 16(e), accompanied a certified application for the building permit; or
that was signed under section 17 on an uncertified application for the building permit,
as is relevant in the case;
approved, in relation to the manner or form of something, means approved —
by a prescribed person; or
in a prescribed way;
authorised person means a person designated under section 96 as an authorised person and includes, for the purposes of section 93(2)(d) —
a person who is prescribed as an authorised person for the purposes of section 93(2)(d); and
a person who is authorised by a local government in the manner prescribed for the purposes of section 93(2)(d);
authority under a written law includes an approval, licence, registration, right, permit or exemption granted under a written law;
building includes a part of a building;
building approval certificate means a building approval certificate granted on an application of a kind mentioned in Part 4 Division 2;
Building Commissioner has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3;
building order means an order made under section 110(1);
building order (emergency) means a building order made in the circumstances mentioned in section 111(2);
building permit means a permit granted under section 20;
building service contractor has the meaning given in the Registration Act section 3;
building standard means a prescribed requirement in relation to the technical aspects of the construction or demolition of a building or an incidental structure;
building surveyor means a building service practitioner, as defined in the Registration Act section 3, who is registered in a class of building service practitioner that is prescribed for the purposes of this definition;
building work means —
the construction, erection, assembly or placement of a building or an incidental structure; or
the renovation, alteration, extension, improvement or repair of a building or an incidental structure; or
the assembly, reassembly or securing of a relocated building or a relocated incidental structure; or
the changing of ground levels of land for the purposes of work of a kind mentioned in paragraph (a), (b) or (c) to an extent that could adversely affect land beyond its boundaries; or
site work on any land for the purposes of, or required because of, work of a kind mentioned in —
paragraph (a), (b), (c) or (d); or
paragraph (a) or (b) of the definition of demolition work;
or
other prescribed work,
but does not include work of a kind prescribed for the purposes of this definition as not being building work;
classification, in relation to a building or incidental structure, means the classification of the building or incidental structure under the regulations;
commencement day means the day on which section 9 comes into operation;
Crown land has the meaning given in the Land Administration Act 1997 section 3(1);
demolition permit means a permit granted under section 21;
demolition work means —
the demolition, dismantling or removal of a building or an incidental structure; or
the changing of ground levels for the purposes of work of a kind mentioned in paragraph (a) to an extent that could adversely affect land owned by a person other than an owner of the land on which the building or incidental structure that is the subject of the demolition work is located; or
other prescribed work,
but does not include work of a kind prescribed for the purposes of this definition as not being demolition work;
incidental structure means a structure attached to or incidental to a building and includes —
a chimney, mast, swimming pool, fence, free‑standing wall, retaining wall or permanent protection structure; and
a part of a structure;
independent building surveyor has the meaning given in section 4;
land includes a lot as defined in the Community Titles Act 2018 section 3(1) or the Strata Titles Act 1985 section 3(1);
Minister for Lands means the Minister as defined in the Land Administration Act 1997 section 3(1);
occupancy permit means an occupancy permit granted or modified on an application of a kind mentioned in Part 4 Division 2;
owner has the meaning given in section 5;
permit authority for a building or permit authority for an incidental structure has the meaning given in section 6;
prescribed means prescribed by regulation;
Registration Act means the Building Services (Registration) Act 2011;
specialist, in relation to a technical certificate, means a person who belongs to a class of persons prescribed as persons who can sign the technical certificate for the purposes of this Act;
strata lease has the meaning given in the Strata Titles Act 1985;
survey means a survey for the purpose of recording the condition of land including the existing cracks and defects in a building or structure on the land;
technical certificate means a certificate in relation to a specific building standard applicable to, or any other technical aspect of, the construction or demolition of a building or incidental structure that is the subject of an application for a building permit, demolition permit, occupancy permit or building approval certificate.
[Section 3 amended: No. 37 of 2012 s. 4 and 33; No. 30 of 2018 s. 121; No. 32 of 2018 s. 192.]
In this section —
application means an application for a building permit or a demolition permit, or an application under Part 4 Division 2.
A building surveyor is an independent building surveyor in relation to an application if —
the building surveyor is neither an owner of the land on which the building or incidental structure that is the subject of the application is, or is proposed to be, located, nor an employee of an owner of the land; and
the building surveyor is neither the person who proposes to be named as the builder or demolition contractor on the permit, nor an employee of that person.
In this Act, unless the contrary intention appears —
owner, in relation to land held in freehold or held in leasehold under a strata lease, means —
a person whose name is registered as a proprietor of the land; and
the State, if registered as a proprietor of the land; and
a person who holds a prescribed interest in the land;
owner, in relation to Crown land, means —
a prescribed person; or
the State, in prescribed circumstances; or
a person who holds a prescribed interest in the land,
and the regulations may specify whether owner means one or more of those persons for the purposes of a particular provision of this Act.
The regulations may impose restrictions on the circumstances in which a person will be treated as an owner for the purposes of a provision of this Act specified in the regulations.
[Section 5 amended: No. 37 of 2012 s. 5; No. 30 of 2018 s. 122.]
The permit authority for a building or an incidental structure is the State if, under section 124, the Minister has decided that the State is to be the permit authority for the building or incidental structure.
If —
subsection (1) does not apply; and
under section 126, a special permit authority is designated by regulations as the permit authority for buildings or incidental structures in an area, or of a kind, specified in the regulations, the permit authority for a building or incidental structure in that area, or of that kind, is the special permit authority.
If neither subsection (1) nor (2) applies, the permit authority for a building or incidental structure is the local government in whose district the building or incidental structure is, or is proposed to be, located.
A person who wishes to make an application for a building permit or a demolition permit, or an application under Part 4 Division 2 must make the application to the permit authority for the building or incidental structure that is the subject of the application.
A permit authority that is the State or a special permit authority —
that on an application, grants a building permit, demolition permit or building approval certificate or grants or modifies an occupancy permit, must give the relevant local government details of the permit, modification or certificate; or
that receives a notice of completion under section 33 or a notice of cessation under section 34 must give the relevant local government details of the notice.
In subsection (2) —
relevant local government means the local government in whose district the building or incidental structure that is the subject of an application or notice is, or is proposed to be, located.
This Act binds the Crown.
A person must not do building work unless —
a building permit is in effect for the building work; or
a building permit is not required for the building work under Part 5 or regulations or an order mentioned in Part 5 Division 1; or
the work is done in accordance with a building order; or
the work is done in the course of taking action under section 118(2).
Penalty:
for a first offence, a fine of $50 000;
for a second offence, a fine of $75 000;
for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months.
A person must not do demolition work unless —
a demolition permit is in effect for the demolition work; or
the demolition is incidental to building work comprising the renovation, alteration, extension, improvement or repair of a building or an incidental structure, and a building permit is in effect for the building work; or
a demolition permit is not required for the demolition work under Part 5 or regulations or an order mentioned in Part 5 Division 1; or
the work is done in accordance with a building order; or
the work is done in the course of taking action under section 118(2).
Penalty:
for a first offence, a fine of $50 000;
for a second offence, a fine of $75 000;
for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months.
It is a defence to a charge under section 9 or 10 in a case where a permit was not in effect because it was suspended under section 35 for the accused to prove that at the time of the alleged offence the accused —
was not aware that an event mentioned in section 35(a) or (b) had occurred in relation to the permit; and
could not reasonably be expected to have known that the event had occurred.
It is a defence to a charge under section 9 or 10 if —
the building or demolition work is done in the circumstances mentioned in section 78(1)(c), 79(1)(c) or 80(1)(c); and
section 78(3), 79(2)(b) or 80(2)(b), as is applicable to the case, is complied with; and
as soon as practicable after the work is done an application for a building permit or demolition permit is made in respect of the work done.
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