Building Act 2011

A permit authority to which an application is made must grant or modify the occupancy permit or grant the building approval certificate applied for if it is satisfied —

that the applicant has complied with section 54; and

that the building surveyor who signed the certificate of construction compliance or certificate of building compliance —

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

is an independent building surveyor in relation to the application;

that the certificate of construction compliance or certificate of building 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 required by regulations mentioned in section 54(4)(b) 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 the building or incidental structure encroaches beyond the boundaries of the land on which the building or structure is located, that each owner (within the meaning of section 76(2) where applicable) of the land into, onto, or over which the encroaching part is placed has consented to the encroaching part being so placed; and

that there is no current legal proceeding that has been instituted by the permit authority or a local government for a breach or alleged breach of a written law relating to the building or incidental structure; and

that each building order that has been made in relation to the building or incidental structure has been complied with; and

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

if the application is made under section 51, that any levy that would have been imposed by the Building and Construction Industry Training Levy Act 1990 in respect of the building work has been paid; and

in relation to an application that is required to be accompanied by a certificate of building compliance, that the applicant has obtained in relation to the building or incidental structure 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 (j); and

that the applicant has complied with each other prescribed requirement in relation to the granting or modification of an occupancy permit or the granting of a building approval certificate on the application.

A permit authority to which an application is made must not grant or modify the occupancy permit or grant the building approval certificate applied for unless it is satisfied as to each of the matters mentioned in subsection (1)(a) to (l).

A permit authority to which an application is made may refuse to grant or modify the occupancy permit or grant the building approval certificate applied for if it appears to the permit authority that there is an error in the information or a document provided for the application.