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s 51

Application for occupancy permit or building approval certificate for unauthorised work

In force
Part 4Occupancy permits and building approval certificates
Division 2Kinds of applications for occupancy permits and building approval certificates

51 Application for occupancy permit or building approval certificate for unauthorised work

(1)

In this section —

unauthorised work means work —

(a)

that was done without an authority under a written law that was required by the written law applicable at the time the work was done; or

(b)

that did not comply with an authority under a written law that was in effect in respect of the work;

work means —

(a)

building work; or

(b)

demolition work in respect of a part of a building; or

(c)

demolition work in respect of a part of an incidental structure.

(2)

A person may apply for an occupancy permit for a building in respect of which unauthorised work has been done.

(3)

A person may apply for a building approval certificate for a building or an incidental structure in respect of which unauthorised work has been done.

(4)

An application for an occupancy permit under subsection (2) may be made if the building is one which would require an occupancy permit under section 41(2).

(5)

An application for a building approval certificate under subsection (3) may be made if the building or incidental structure is not of a kind mentioned in subsection (4).

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