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s 57

Certificate of building compliance

In force
Part 4Occupancy permits and building approval certificates
Division 3Making and dealing with applications for occupancy permits and building approval certificates

57 Certificate of building compliance

(1)

A certificate of building compliance must be in an approved form and signed by a building surveyor.

(2)

A certificate of building compliance must —

(a)

state that occupying or using the building or incidental structure in its current state in the way proposed in the application would not adversely affect the safety and health of its occupants or other users; and

(b)

state that the building or incidental structure in its current state is otherwise suitable to be used in the way proposed in the application; and

(c)

state that the building or incidental structure complies with each authority under a written law that is prescribed for the purposes of this paragraph; and

(d)

contain each other thing that is prescribed to be in the certificate.

(3)

A certificate of building compliance that accompanies an application other than an application mentioned in section 48 or 52(1) or (2) must state that the building or incidental structure substantially complies with each applicable building standard.

(4)

A certificate of building compliance that accompanies an application mentioned in section 48 or 52(1) or (2) must state that —

(a)

the building or incidental structure substantially complies with the building permit, building licence or other approval that was granted in respect of the construction of the building or incidental structure under the written law applicable at the time of its construction; or

(b)

the building or incidental structure substantially complies with each applicable building standard or other prescribed requirement in relation to the technical aspects of the construction of the building or structure.

(5)

In subsections (2), (3) and (4) —

building includes each incidental structure associated with the building.

(6)

A certificate of building compliance that accompanies an application mentioned in section 49(a) or (b) must state whether or not, and if so how, the change would affect the building’s classification.

(7)

The regulations may provide for the things that a building surveyor is required to do before signing a certificate of building compliance.

[Section 57 amended: No. 37 of 2012 s. 12 and 38.]

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