- Act 25 of 2016 - Royal Assent 23 September 2016 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Object of Act 4. Interpretation 5. Responsible person 6. Act binds Crown 7. Act prevails 8. Delegation 9. Minister to approve certain statutory rules &c. 10. Application of Act to accretions from sea PART 2 - Work to Comply with Act and National Construction Code 11. All work must comply with Act and National Construction Code 12. Compliance of existing buildings 13. National Construction Code may be modified in certain circumstances 14. Provisions of other standards PART 3 - Administration Division 1 - Director of Building Control 15. Director of Building Control 16. Functions of Director of Building Control 17. General powers of Director of Building Control 18. Director of Building Control may authorise or accredit products 19. Director of Building Control may make or adopt guidelines 20. Director of Building Control may make determinations 21. Assistance to Director of Building Control 22. Compliance audit by Director of Building Control 23. Publication of documents by Director of Building Control Division 2 - Permit authorities 24. Who is a permit authority 25. Functions of permit authorities 26. Powers of permit authority 27. Records of permit authority Division 3 - Building surveyor 28. Who is a building surveyor 29. Person must not act as building surveyor 30. Functions of a building surveyor 31. Powers of building surveyors 32. Building surveyor must exercise powers 33. Building services provider may act as advisor 34. Building surveyor may seek second opinion on performance solution 35. Only one building surveyor to be engaged for work 36. Change of building surveyor at owner's request 37. Change of building surveyor at building surveyor's request 38. Change of building surveyor where both parties agree 39. Transfer of documents in certain circumstances 40. Notification of change of building surveyor Division 4 - Other authorities 41. Councils 42. Other professionals and experts PART 4 - Parties to Work Division 1 - Designers 43. Designers 44. Minimum standards of design work Division 2 - Builders 45. Builders 46. Owner builders 47. Minimum standards for building work Division 3 - Plumbers 48. Licensed plumbers 49. Minimum standards for plumbing work Division 4 - Owners 50. Owners 51. Change of parties involved in certain building work 52. Change of parties involved in certain plumbing work PART 5 - Special Categories of Work Division 1 - Works on existing buildings 53. Existing buildings to be upgraded if altered 54. Alteration to existing exits and paths to exits 55. Change of building use or building classification Division 2 - Works performed on boundaries 56. Party walls 57. Party structures 58. Rights of adjoining owners 59. Reply to notices 60. Work on party structures to be performed if agreed 61. Entry to premises 62. Expenses payable by owners 63. Liability not affected 64. Saving for easements 65. Resolution of differences Division 3 - Works in hazardous areas 66. Interpretation 67. Works in hazardous areas 68. Works in landslip areas 69. Compensation not payable for certain damage to buildings erected in known landslip areas 70. Works on contaminated or undrainable premises Division 4 - Miscellaneous works 71. Works on or around building line 72. Works that amend existing building boundary 73. Works involving, or in proximity of, existing drains 74. Works involving, or in proximity of, service easements PART 6 - Protection Work 75. Interpretation 76. Protection work 77. Notice of proposed protection work 78. Absent or incapable adjoining owner 79. Adjoining owner may respond to protection work notice 80. Protection work to be performed if agreed 81. Effect of disagreement in relation to proposed protection work 82. Carrying out protection work 83. Insurance cover 84. Condition of adjoining premises 85. Entry to carry out protection work 86. Offence to prevent protection work 87. Plans of protection work 88. Expenses of adjoining owner 89. Compensation 90. Failure to perform adequate protection work PART 7 - Low-risk Work 91. Low-risk work 92. Application of Act to low-risk work PART 8 - Notifiable Building Work Division 1 - General 93. Notifiable building work 94. Requirements for notifiable building work 95. Building surveyor to be engaged in respect of notifiable building work Division 2 - Before performing notifiable building work 96. Notification before performing notifiable building work 97. Notice of work 98. Certificate of likely compliance (notifiable building work) Division 3 - Performance of notifiable building work 99. Performing notifiable building work 100. Inspection of notifiable building work 101. Directions relating to non-compliant notifiable building work Division 4 - Completion of notifiable building work 102. Completion of notifiable building work 103. Standard of work certificate (notifiable building work) 104. Certificate of completion (notifiable building work) PART 9 - Notifiable Plumbing Work Division 1 - General 105. Notifiable plumbing work 106. Requirements for notifiable plumbing work Division 2 - Before performing notifiable plumbing work 107. Notification before performing notifiable plumbing work 108. Notice of work 109. Certificate of likely compliance (notifiable plumbing work) Division 3 - Performance of notifiable plumbing work 110. Performing notifiable plumbing work 111. Inspection of notifiable plumbing work 112. Directions relating to non-compliant notifiable plumbing work Division 4 - Completion of notifiable plumbing work 113. Completion of notifiable plumbing work 114. Standard of work certificate (notifiable plumbing work) 115. Certificate of completion (notifiable plumbing work) PART 10 - Notifiable Demolition Work Division 1 - General 116. Notifiable demolition work 117. Requirements for notifiable demolition work 118. Building surveyor to be engaged in respect of notifiable demolition work Division 2 - Before performing notifiable demolition work 119. Notification before performing notifiable demolition work 120. Notice of work 121. Certificate of likely compliance (notifiable demolition work) Division 3 - Performance of notifiable demolition work 122. Performing notifiable demolition work 123. Inspection of notifiable demolition work 124. Directions relating to non-compliant notifiable demolition work Division 4 - Completion of notifiable demolition work 125. Completion of notifiable demolition work 126. Standard of work certificate (notifiable demolition work) 127. Certificate of completion (notifiable demolition work) PART 11 - Permit Building Work Division 1 - General 128. Permit building work 129. Requirements for permit building work Division 2 - Before performing permit building workSubdivision 1 - Certificate of likely compliance (permit building work) 130. Application for certificate of likely compliance (permit building work) 131. Required report from reporting authority 132. Determining application for certificate of likely compliance (permit building work) 133. Refusing application for certificate of likely compliance (permit building work) 134. Granting application for certificate of likely compliance (permit building work) 135. Duration of certificate of likely compliance (permit building work) 136. Variation of certificate of likely compliance (permit building work) 137. Revocation of certificate of likely compliance (permit building work) 138. Building permit required before performing permit building work 139. Application for building permit 140. Additional application requirements for alternative performance solutions 141. Determining application for building permit 142. Refusal of application for building permit 143. Granting of application for building permit 144. Form of building permit 145. Conditions on building permit 146. Duration of building permit 147. Extension of duration of building permit Division 3 - Performance of permit building work 148. Permit building work must be performed in accordance with building permit 149. Inspection of permit building work 150. Directions relating to non-compliant permit building work Division 4 - Completion of permit building work 151. Standard of work certificate (permit building work) 152. Certificate of final inspection (building) 153. Certificate of completion (permit building work) PART 12 - Permit Plumbing Work Division 1 - General 154. Permit plumbing work 155. Requirements for permit plumbing work Division 2 - Before performing permit plumbing workSubdivision 1 - Certificate of likely compliance (permit plumbing work) 156. Application for certificate of likely compliance (permit plumbing work) 157. Required report from reporting authority 158. Determining application for certificate of likely compliance (permit plumbing work) 159. Refusing application for certificate of likely compliance (permit plumbing work) 160. Granting application for certificate of likely compliance (permit plumbing work) 161. Duration of certificate of likely compliance (permit plumbing work) 162. Variation of certificate of likely compliance (permit plumbing work) 163. Revocation of certificate of likely compliance (permit plumbing work) 164. Plumbing permit required before performing permit plumbing work 165. Application for plumbing permit 166. Additional application requirements for alternative performance solutions 167. Determining application for plumbing permit 168. Refusal of application for plumbing permit 169. Granting of application for plumbing permit 170. Form of plumbing permit 171. Conditions on plumbing permit 172. Duration of plumbing permit 173. Extension of duration of plumbing permit Division 3 - Performance of permit plumbing work 174. Permit plumbing work must be performed in accordance with plumbing permit 175. Inspection of permit plumbing work 176. Directions relating to non-compliant permit plumbing work Division 4 - Completion of permit plumbing work 177. Standard of work certificate (permit plumbing work) 178. Certificate of completion (permit plumbing work) PART 13 - Permit Demolition Work Division 1 - General 179. Permit demolition work 180. Requirements for permit demolition work Division 2 - Before performing permit demolition workSubdivision 1 - Certificate of likely compliance (permit demolition work) 181. Application for certificate of likely compliance (permit demolition work) 182. Required report from reporting authority 183. Determining application for certificate of likely compliance (permit demolition work) 184. Refusing application for certificate of likely compliance (permit demolition work) 185. Granting application for certificate of likely compliance (permit demolition work) 186. Duration of certificate of likely compliance (permit demolition work) 187. Variation of certificate of likely compliance (permit demolition work) 188. Revocation of certificate of likely compliance (permit demolition work) 189. Demolition permit required before performing permit demolition work 190. Application for demolition permit 191. Determining application for demolition permit 192. Refusal of application for demolition permit 193. Granting of application for demolition permit 194. Form of demolition permit 195. Conditions on demolition permit 196. Duration of demolition permit 197. Extension of duration of demolition permit Division 3 - Performance of permit demolition work 198. Permit demolition work must be performed in accordance with demolition permit 199. Inspection of permit demolition work 200. Directions relating to non-compliant permit demolition work Division 4 - Completion of permit demolition work 201. Standard of work certificate (permit demolition work) 202. Certificate of final inspection (demolition) 203. Certificate of completion (permit demolition work) PART 14 - Maintenance Work 204. Interpretation 205. Performance of maintenance work 206. Schedule of maintenance PART 15 - Defective Work 207. Defective work 208. Discovery of defective building work 209. Rectification of defective building work 210. Discovery of defective plumbing work 211. Rectification of defective plumbing work 212. Discovery of defective demolition work 213. Rectification of defective demolition work PART 16 - Emergency Work 214. Emergency work 215. Requirements for emergency work PART 17 - Occupancy Requirements Division 1 - Occupancy permit 216. Occupancy permit required 217. Application for occupancy permit 218. Form of application for occupancy permit 219. Required report from reporting authority 220. Determination of application for occupancy permit 221. Refusing application for occupancy permit 222. Granting application for occupancy permit 223. Issue of occupancy permits 224. Notification to permit authority of occupancy permit 225. Occupancy permit 226. Cancellation of occupancy permit 227. Duration of occupancy permit Division 2 - Temporary occupancy permit 228. Occupancy of temporary structure 229. Temporary occupancy of existing building 230. Application for temporary occupancy permit 231. Refusing application for temporary occupancy permit 232. Granting temporary occupancy permit 233. Occupation in contravention of temporary occupancy permit 234. Cancellation of temporary occupancy permit PART 18 - Actions for Non-compliance Division 1 - Interpretation 235. Fire hazards 236. Application of Part Division 2 - Notification of requirement to comply 237. Building notice 238. Plumbing notice 239. Fire upgrading report 240. Fire upgrading notice 241. Dilapidated building report 242. Dilapidated building notice 243. Representations relating to notices 244. Revocation of notices Division 3 - Compliance orders 245. Emergency order 246. Building orders 247. Building order relating to illegal building work 248. Building order relating to fire hazards 249. Building order relating to dilapidated building 250. Plumbing orders 251. Court orders 252. Certain orders to be made within certain period 253. Permit authority to be notified of building order 254. Duration of orders Division 4 - Process for illegal building workSubdivision 1 - Certificate of substantial compliance 255. Application for certificate of substantial compliance 256. Refusal of application for certificate of substantial compliance 257. Grant of application for certificate of substantial compliance 258. Application for permit of substantial compliance 259. Refusal of application for permit of substantial compliance 260. Grant of application for permit of substantial compliance 261. Conditions on permit of substantial compliance 262. Duration of permit of substantial compliance 263. Effect of permit of substantial compliance Division 5 - Process for illegal plumbing work 264. Illegal plumbing work to be subject of plumbing permit Division 6 - Failure to comply with compliance orders 265. Failure to comply with emergency, building or plumbing order 266. Possession of building 267. Demolition order Division 7 - General matters 268. Endorsements on certificates 269. Recovery of performance costs 270. Recovery of compliance costs 271. Purchasing buildings and materials 272. Police assistance 273. Notification of completion of work 274. Amendment or revocation of building, plumbing or demolition orders 275. Compliance with Act in certain circumstances PART 19 - Appeals and Determinations Division 1 - Appeals 276. Appeals relating to permits 277. Appeals relating to notifiable work 278. Appeals relating to orders 279. Appeals relating to protection work 280. Appeals relating to building surveyor 281. Appeals relating to permit authority 282. Appeals relating to fire regulations Division 2 - Determinations 283. Determination of application of relevant Code 284. Determination for modification or non-application of access provision of Code Division 3 - General 285. Form of application 286. Onus of proof in certain cases PART 20 - Regulations Division 1 - Building Regulations 287. Building Regulations 288. Non-application of Building Regulations Division 2 - Plumbing Regulations 289. Plumbing Regulations 290. Non-application of Plumbing Regulations Division 3 - General provisions 291. General provisions 292. Inspection provisions 293. Fees 294. Exemptions 295. Savings and transitional PART 21 - Miscellaneous Division 1 - Building administration fee 296. Building administration fee 297. Additional building administration fee payable in certain circumstances 298. Determination of cost of staged building work 299. Further information to be provided if requested 300. Payment of building administration fee 301. Offence for non-payment of building administration fee 302. Director of Building Control may waive, refund or recover building administration fee Division 2 - Offences generally 303. Offences by bodies corporate 304. False and misleading statements 305. Offences relating to Director of Building Control 306. Offences relating to authorised persons 307. Offences relating to building surveyors 308. Habitation of certain buildings 309. Restriction on use of land 310. Prosecution of offences 311. Defence of compliance with Act Division 3 - Evidence 312. Evidentiary provisions 313. Evidence of compliant building work 314. Evidence of compliant plumbing work 315. Evidence of compliant demolition work 316. Evidence of occupancy permit 317. Evidence of final inspection 318. Evidence of compliance 319. Evidence of authority 320. Authentication of documents 321. Reliance on certification 322. Reliance on actions of others 323. Evidence relating to infringement notice Division 4 - Infringement notices 324. Infringement notices Division 5 - Liability 325. Immunity from liability 326. Immunity from liability for building surveyor 327. Accrual of cause of action Division 6 - General matters 328. Documents to be translated 329. Building Administration Fund 330. Transitional and savings provisions 331. Administration of Act 332. Legislation repealed 333. Legislation rescinded 334. Legislation revoked SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5[ Note: This table has been automatically generated and may be incomplete. ]