Building Act 2011

A permit authority to which a certified application or an uncertified application is made must grant the building permit if it is satisfied —

that the applicant has complied with section 16; and

that the person mentioned in section 16(c) —

is a building service contractor who is entitled under the Registration Act section 11 to be named as the builder on the building permit; or

has owner‑builder approval under the Registration Act to carry out that work; or

is a public authority as defined in the Registration Act section 3; or

is a person or in a class of persons prescribed for the purposes of the Registration Act section 7(2)(c) who may be named as the builder on the building permit,

that a certificate of design compliance for the building or incidental structure that is the subject of the application complies with section 19; and

that the building surveyor who signed the certificate of design compliance —

is entitled under the Registration Act to sign certificates of design compliance for buildings or incidental structures of the kind that is the subject of the application; and

is an independent building surveyor in relation to the application;

that the certificate of design compliance is issued by a person who —

is a building service contractor who is entitled under the Registration Act section 11 to issue the certificate; or

is a public authority as defined in the Registration Act section 3; or

is a person or in a class of persons prescribed for the purposes of the Registration Act section 7(2)(c) who may issue the certificate;

that each technical certificate mentioned in section 16(i) is —

signed by a person prescribed as a person who may sign the certificate; and

issued by a person prescribed as a person who may issue the certificate;

if a part of a building or incidental structure is proposed to be placed beyond the boundaries of the land on which the building work is proposed to be done, that there is compliance with section 76; and

if the building work may adversely affect land beyond the boundaries of the land on which the work is proposed to be done, that there is compliance with section 77; and

that either —

a policy of insurance is in force in respect of the building work under the Home Building Contracts Act 1991 Part 3A Division 2; or

corresponding cover, as defined in the Home Building Contracts Act 1991 section 25A, is provided in respect of the building work; or

the policy of insurance mentioned in subparagraph (i) or the cover mentioned in subparagraph (ii) is not required under the Home Building Contracts Act 1991 in respect of the building work;

that the applicant satisfies any other insurance requirements prescribed by regulation or under any other written law in respect of the building work; and

that any building services levy required to be paid in respect of the building permit under regulations mentioned in the Building Services (Complaint Resolution and Administration) Act 2011 Part 7 Division 2 has been paid; and

if a levy is imposed by the Building and Construction Industry Training Levy Act 1990 in respect of the building work, that the levy has been paid; and

that the permit authority has complied with the provisions of the Heritage Act 2018 in relation to the application and that granting the building permit would not be inconsistent with an order, agreement or permit under that Act except to the extent allowed by that Act; and

that the applicant has obtained in relation to the building work each authority under a written law that is prescribed for the purposes of this paragraph; and

that the applicant has complied or is complying with each authority mentioned in paragraph (n); and

that the applicant, in relation to the building work, has complied or is complying with each provision of a written law that is prescribed for the purposes of this paragraph; and

that the applicant, in relation to the building work, has complied or is complying with each provision of a local government policy or requirement, not being a written law, that is prescribed for the purposes of this paragraph; and

that each notification that is prescribed for the purposes of this paragraph to be given in relation to the building work has been given; and

that the applicant has complied with each other prescribed requirement for the granting of a building permit on the application.

A permit authority to which an application is made must not grant the building permit unless it is satisfied as to each of the matters mentioned in subsection (1)(a) to (s).