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s 62

Conditions imposed by permit authority

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

62 Conditions imposed by permit authority

(1)

A permit authority that, on an application, grants or modifies an occupancy permit or grants a building approval certificate, may impose conditions on the occupancy permit or modification or building approval certificate in addition to any provided for in the regulations.

(2)

A condition imposed under this section —

(a)

must relate to the particular building or incidental structure that is the subject of the application rather than to buildings or incidental structures of that kind generally; and

(b)

cannot modify the certificate of construction compliance or certificate of building compliance that accompanied the application.

(3)

The permit authority may add, vary or revoke conditions imposed under this section while the occupancy permit or building approval certificate has effect.

(4)

If the permit authority adds, varies or revokes a condition, the addition, variation or revocation takes effect when an owner of the building or incidental structure has been given written notice of it or at a later time specified by the permit authority in the notice.

(5)

A permit authority must ensure that a notice under subsection (4) informs the person of the person’s right of review under section 121(1).

(6)

Conditions cannot be imposed on an occupancy permit granted for a building completed after commencement day under a building licence that, under section 178, is to be taken to be a building permit.

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Section 62 — Conditions imposed by permit authority — Building Act 2011 (Western Australia) — Barrister AI