Australian Capital Territory
Building Act 1972     No 26
Republication No 6
Republication date: 12 October 2001
Last amendment made by Act 2001 No 44
Amendments incorporated to 5 October 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Building Act 1972 as in force on 12 October 2001.  It includes any amendment, repeal or expiry affecting the republished law to 5 October 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
5 October 2001

Australian Capital Territory
Building Act 1972

Contents
	Page
Part 1	Preliminary
	1	Short title	2
	5	Interpretation	2
	6	Application	8
	6AA	Application—prescribed buildings	9
	6A	Application of Act to the Territory	9
	6B	Applicable standard—amendment	9
Part 2	Administration
Division 2.1	Building controller and inspectors
	7	Building controller	10
	7A	Deputy building controllers	10
	7B	Building controller and deputy building controllers—identity cards	11
	8	Appointment of building inspectors	11
	9	Inspection	12
	9A	Inspection of premises for hazardous substances	14
Division 2.2	Conduct of inquiries
	10	Procedure	19
	11	Evidence	19
	12	Legal representation	20
Division 2.3	Builder’s licences
	14	Classes of builder’s licences	20
	15	Applications for builder’s licence	22
	16	Eligibility for builder’s licences	23
	17	Grant of licence	27
	18	Variation, suspension or cancellation of licences	28
	18A	Preliminary suspension of builder’s licence	32
	19	Notification of decision to suspend or cancel	32
	20	Register of builder’s licences	33
	21	Loss etc of licence	34
	22	Change of nominee	34
	23	Notice of change of address	35
Division 2.3A	Owner-builders’ licences
	23A	Grants of licences	35
	23B	Period for which owner-builder’s licence is in effect	37
Division 2.4	The building code
	24	Building code	37
	25	Publication of building code etc in newspaper	38
	26	Inspection	38
	27	Exemptions	39
	28	Certified copies	39
Part 3	Building work
Division 3.1	Preliminary
	29	Meaning of stage in pt 3	40
Division 3.2	Certifiers
	30	Eligibility for appointment as certifier	40
	31	Appointment of certifiers	41
	32	Notification of appointment or cessation of appointment of certifier	41
	33	Prohibition against contracting out	42
Division 3.3	Grant of building approvals
	33A	Application	42
	34	Issue of building approvals	43
	34A	External design and siting considerations	46
	35	Amendment of approved plans	46
	35A	Effect of issue of further building approval	47
	36	Land to be used in accordance with lease	47
	36A	Period for which approvals are in force	47
Division 3.4	Carrying out building work
	37	Requirements for carrying out building work	48
	37A	Notifications by owner of land in relation to building work	49
	38	Notifications by certifier in relation to building work	50
	38A	Stages of building work	51
	39	Building inspector may specify safety precautions	53
Division 3.5	Completion of building work
	39A	Structural engineer’s certificate	54
	40	Completion of building work	54
Division 3.6	Offences
	40A	Compliance with building code	56
	41	Notification of breaches	56
	41A	Carrying out building work in breach of s 37	57
Part 4	Stop and demolition notices
	42S	Meaning of easement	59
	43	Stop notices	59
	44	Further notices relating to stop notices	61
	45	Service of notice	62
	45A	Notice to produce survey plan	62
	46	Notice to carry out building work	63
	51	Compliance with notices	66
Part 4A	Removal of loose asbestos
	51A	Treatment and removal of loose asbestos by Territory	67
	51B	Additional powers of the Territory	67
	51C	Notice to occupier that work is to be performed	68
	51D	Service of notices	69
	51E	Notice to owner that work is to be performed	69
	51F	Entry to building with force	70
	51G	Liability of the Territory	70
	51H	Obstruction of the Territory	71
Part 5	Occupancy of buildings
	52	Effect of certificates under pt 5	72
	53	Certificate of occupancy	72
	53AA	Certificates of occupancy and use for owner-builders	75
	53AB	Government buildings	75
	54	Occupation and use of buildings	78
	54A	Use of buildings restricted	78
	54B	Occupation and use of ex-government buildings	80
	55	Action by building controller on unauthorised use of premises	80
	56	Copies of certificates of occupancy and regularisation	81
	57	Safe live load plates	81
	58	Exceeding safe live load	82
Part 5A	Residential building—statutory warranties and insurance
	58A	Definitions for pt 5A	83
	58AA	Cost of building work	84
	58B	Application	84
	58C	Statutory warranties	85
	58D	Builder’s liability	86
	58E	Residential building work insurance	86
	58F	Recovery from builder	89
	58G	Duties of insurers	90
Part 6	Miscellaneous
	59	Service of notices etc	92
	59A	False or misleading statements	92
	60	Review by administrative appeals tribunal	93
	62	Recovery of costs of work carried out by an inspector	95
	63	Evidence	95
	63A	Legal liability for acts of building controller etc	97
	63B	Conduct of directors, servants and agents	97
	64	Determination of fees	99
	65	Approved forms	99
	66	Regulation-making power	99
Endnotes
	1	About the endnotes	101
	2	Abbreviation key	101
	3	Legislation history	102
	4	Amendment history	107
	5	Earlier republications	115

Amendments incorporated to
5 October 2001

Australian Capital Territory
Building Act 1972

An Act relating to the erection, alteration and demolition of buildings

    

Part 1	Preliminary
    
1	Short title
This Act may be cited as the Building Act 1972.
5	Interpretation
	(1)	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
applicable standard means Australian Standard 3666-1989, as amended for the purposes of this Act under section 6B and section 42N (before its repeal).
approved means approved by the building controller.
approved plans means plans, including amended plans, that relate to building work in relation to which a building approval is in effect. 
asbestos means—
	(a)	any of the following minerals:
	(i)	actinolite;
	(ii)	amosite;
	(iii)	chrysotile;
	(iv)	crocidolite;
	(v)	erionite;
	(vi)	fibrous anthophyllite;
	(vii)	tremolite; or
	(b)	any substance or material containing any of those minerals.
authorised insurer means a body corporate that has been granted authority to carry on insurance business under the Insurance Act 1973 (Cwlth).
builder’s licence means a builder’s licence class A, builder’s licence class B, builder’s licence class C or builder’s licence class D that is in force under division 2.3.
building includes—
	(a)	a structure upon or attached to land; and
	(b)	an addition to a building; and
	(c)	a structure attached to a building; and
	(d)	a part of a building.
building approval means a building approval under part 3. 
building code—see section 24.
building controller means the building controller under section 7.
building inspector means a person for the time being appointed a building inspector under section 8.
building work, in relation to a building, means—
	(a)	work in connection with the erection, alteration or demolition of the building and includes disposal of waste materials generated—
	(i)	by the alteration of a building other than a class 1, class 2 or class 10a building; or
	(ii)	by the demolition of any building; 
	(b)	work in connection with repairs of a structural nature to the building; 
	(c)	work in connection with—
	(i)	the installation of a specialised system in the building; or
	(ii)	the structural modification or removal of such a system installed in the building;
	(d)	the performance of any work in relation to the building that is carried out at the site of the building and involves the handling of asbestos or the disturbance of loose asbestos.
certificate of occupancy means a certificate under section 53. 
certificate of regularisation means a certificate under section 53AB. 
certifier, in relation to building work, means a person appointed to act as certifier under section 31 in relation to the work, being a person whose appointment is in effect. 
class 1, in relation to a building—see  the building code.
class 2, in relation to a building—see  the building code.
class 10a, in relation to a building—see the building code.
Designated Area has the same meaning as in the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
dwelling means a class 1 or class 2 building. 
external design, in relation to a building, includes any matter affecting the appearance of the exterior of the building.
government agency means an administrative unit, a Territory authority, a Commonwealth department, or a body (whether incorporated or not) established by or under a Commonwealth Act.
Land Act means the Land (Planning and Environment) Act 1991.
licensee means a person to whom a builder’s licence has been granted.
loose asbestos, in relation to a building, means asbestos that is not securely affixed to the building.
mechanical ventilation system includes—
	(a)	an air-handling system within the meaning of the applicable standard; and
	(b)	a condenser within the meaning of the applicable standard; and
	(c)	a cooling tower within the meaning of the applicable standard.
owner, in relation to land, means—
	(a)	if the land is held under a lease from the Commonwealth for a term of years—the lessee; or
	(b)	if the land is held in fee simple—the person in whom the fee simple is vested; or
	(c)	if the land is subdivided into units and common property by the registration of a units plan under the Unit Titles Act 2001—
	(i)	where building work has been, is being or is to be carried out on the land for the owners corporation—the owners corporation; or
	(ii)	where building work has been, is being or is to be carried out on the land for the proprietor of a unit—the proprietor; or
	(iii)	in any other case—the owners corporation; or
	(d)	if the land is occupied under a tenancy from the Territory or the Commonwealth—the occupier; or
	(e)	if the Territory carries out or proposes to carry out building work on the land—the Territory; or
	(f)	if the Commonwealth carries out or proposes to carry out building work on the land—the Commonwealth.
owner-builder’s licence means a licence under section 23A. 
plans, for a building, includes—
	(a)	specifications; and
	(b)	any waste management plan.
prescribed means prescribed by the regulations.
proprietor, of a unit, means the owner of the unit within the meaning of the Unit Titles Act 2001.
repealed laws means the laws repealed by this Act. 
residential building insurance policy means an insurance policy that complies with section 58E.
specialised system means—
	(a)	a warm water system; or
	(b)	a mechanical ventilation system.
specialist building work means any prescribed building work.
statutory warranty means a warranty specified in section 58C.
stop notice means a notice under section 43 prohibiting the carrying out of building work.
storey has the same meaning as in the Territory plan, as in effect from time to time under the Land Act. 
structure includes a fence, retaining wall, swimming pool, ornamental pond, mast, antenna, aerial, advertising device, notice or sign.
Territory planning authority means the Australian Capital Territory Planning Authority.
the commencing date means the date fixed under section 2.
training fund board means the Building and Construction Industry Training Fund Board under the Building and Construction Industry Training Levy Act 1999.
training levy means the training levy under the Building and Construction Industry Training Levy Act 1999.
unit has the same meaning as in the Unit Titles Act 2001. 
warm water system means a water system within the meaning of the applicable standard in which the temperature of the water at the point of outlet is not lower than 30oC and not higher than 55oC.
waste management plan, in relation to building work which involves the demolition or alteration of a building, means information which includes—
	(a)	the extent of work to be undertaken; and
	(b)	the nature and amount of waste that will be generated; and
	(c)	the place to which each kind of waste will be taken by the builder, or the builder’s agent, for reuse, recycling or disposal; and
	(d)	any other information prescribed by the regulations.
	(2)	A reference in this Act to a builder’s licence includes a reference to a builder’s licence or a builder’s special licence continued in force under this Act.
	(4)	In this Act:
	(a)	a reference to the erection of a building includes, as the case requires, a reference to the removal of a building and its re-erection, with or without alteration, after its removal from another location; and
	(b)	a reference to the alteration of a building includes a reference to—
	(i)	the demolition of part of a building; and
	(ii)	an addition to a building; and
	(c)	a reference to the removal of a building is a reference to the removal of an existing building from one place for re-erection, with or without further alteration, at another place, and includes a reference to the demolition of part of a building so removed or proposed to be so removed; and
	(d)	a reference to the demolition of a building does not include a reference to the demolition of part of the building.
	(5)	A reference in this Act to the handling of asbestos shall be read as including a reference to—
	(a)	the preparation and processing of asbestos; and
	(b)	the mixing of asbestos with another substance; and
	(c)	the installation, repair, modification or removal of—
	(i)	thermal or acoustic insulation; 
	(ii)	fireproofing material; 
	(iii)	building material; 
that is asbestos; and
	(d)	treating or securing loose asbestos to prevent it from moving; and
	(e)	sealing a cavity in a building, or another part of a building, that contains loose asbestos to prevent movement of the loose asbestos from that cavity or part of the building.
6	Application 
	(1)	This Act does not affect the operation of any other law in force in the Territory relating to land use or to the provision for a building of services including works for sewerage and drainage or for water or electricity supply.
	(2)	This Act does not apply to or in relation to a temporary building (not being a dwelling place) erected on the site of building work in connection with the erection or alteration of a building for which a building approval has been obtained and being a building that is to be removed on completion of the building work.
	(6)	The provisions of this Act are in addition to, and do not derogate from, the provisions of the Scaffolding and Lifts Act 1912.
6AA	Application—prescribed buildings
	(1)	Parts 3 and 5A do not apply to building work commenced or carried out after the commencement of this section in relation to a prescribed building.
	(2)	Part 5 does not apply to a prescribed building.
	(3)	Part 3 does not apply to building work carried out before the commencement of this section in respect of a building if, had that building work been carried out after that commencement, it would have been building work carried out in respect of a prescribed building.
	(4)	Part 5 does not apply to a building erected or altered before the commencement of this section (being a building, the building work in respect of which was completed before that commencement) if, had that building been erected or altered after that commencement, it would have been a prescribed building.
6A	Application of Act to the Territory
	(1)	This Act, other than section 40A (Compliance with building code), does not bind the Territory in relation to building work if the Minister certifies that a contract in relation to the work was entered into before 1 July 2001. 
	(2)	This section expires on 1 July 2004.
6B	Applicable standard—amendment
	(1)	The Minister may, in writing, amend the applicable standard.
	(2)	An amendment is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Part 2	Administration
Division 2.1	Building controller and inspectors
	7	Building controller
	(1)	There may be a building controller.
	(2)	In addition to performing his or her functions under this Act, the building controller may perform any of the functions of a building inspector.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
	(2A) 	The building controller may act as agent for the training fund board in connection with payments of training levy.
	(2B) 	In acting under subsection (2A) the building controller must act as directed by the training fund board.
	(3)	The chief executive shall create and maintain an office in the public service the duties of which include performing the functions of the building controller.
	(4)	The building controller shall be the public servant for the time being performing the duties of the public service office referred to in subsection (3).
7A	Deputy building controllers
	(1)	There may be 1 or more deputy building controllers.
	(2)	A deputy building controller may perform any function of the building controller, subject to any direction of the building controller.
	(3)	The chief executive shall create and maintain 1 or more offices in the public service the duties of which include performing the functions of a deputy building controller.
	(4)	A deputy building controller shall be any public servant for the time being performing the duties of a public service office referred to in subsection (3).
7B	Building controller and deputy building controllers—identity cards
	(1)	The chief executive shall issue to the building controller an identity card that specifies the building controller’s name and office, and on which appears a recent photograph of the building controller.
	(2)	The chief executive shall issue to a deputy building controller an identity card that specifies the deputy’s name and office, and on which appears a recent photograph of the deputy.
	(3)	Upon ceasing to occupy, or to act in, the office of building controller, or an office of deputy building controller, a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
Maximum penalty:  1 penalty unit.
8	Appointment of building inspectors
	(1)	The building controller may, by instrument in writing, appoint such persons as he or she considers necessary to be building inspectors for the purposes of this Act.
	(2)	The building controller shall cause to be issued to each building inspector an identity card that specifies the name and appointment of the building inspector and bears a recent photograph of the building inspector.
	(3)	A person appointed to be a building inspector shall, upon ceasing to be a building inspector, return his or her identity card to the building controller.
	(4)	A person who, without reasonable excuse, fails to comply with subsection (3) commits an offence.
Maximum penalty (subsection (4)):  1 penalty unit.
9	Inspection
	(1)	A building inspector may from time to time inspect building work in relation to which a building approval is in effect for the purpose of ascertaining whether the building work is being or has been carried out in accordance with this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001, s 104).
	(2)	Where the building controller has reasonable grounds for suspecting that—
	(a)	building work is being or has been carried out and—
	(i)	a building approval has not been obtained in respect of that building work; or
	(ii)	the work is not being or has not been carried out in accordance with the approved plans or a notice under part 4; or
	(b)	a completed building has deteriorated to such an extent—
	(i)	in the case of a building in relation to the erection or alteration of which plans or plans and specifications, as the case may be, have been approved under this Act or under the repealed laws—as to be unfit for use as a building of the class specified, or for the purpose stated, as the case may be, in the plans or plans and specifications so approved in respect of the most recent building work that has been carried out in relation to that building; or
	(ii)	in any other case—as to be unfit for any type of use; or
	(c)	a building or part of a building is no longer structurally sound; or
	(d)	by reason of the use to which the building has been or is being put, the maximum safe live load has been or is being exceeded or the load on the building has been or is in excess of the load that the building was designed to carry; or
	(e)	in the case of a building in relation to the erection or alteration of which plans or plans and specifications, as the case may be, have been approved under this Act or under the repealed laws—the building is being used other than as a building of the class specified, or for the purpose stated, as the case may be, in the plans or plans and specifications so approved in respect of the most recent building work that has been carried out in relation to that building; or
	(f)	a building or part of a building is unsafe by reason of fire hazard or unfit for use by reason of a danger to health;
the building controller may, by instrument in writing, authorise a building inspector to carry out an inspection of the building work or the building at any reasonable time.
	(3)	For the purposes of an inspection under this section, the building controller may—
	(a)	authorise the making of tests of the soil or the building materials used or to be used in the building work or building; and
	(b)	order the opening or cutting into or pulling down of any building work.
	(4)	If, on inspection, it is found that there are grounds for the giving of a stop notice, the builder shall bear the costs of any pulling down, opening or cutting into the building work carried out in the course of the inspection but, if, on inspection, it is found that there are no such grounds, those costs shall be borne by the Territory.
	(5)	Where the requirements of a notice under part 4 have not been complied with in accordance with that notice, the Minister may, by instrument in writing, authorise a building inspector, with such assistance as the building inspector considers necessary, to enter upon the land on which the building work referred to in the notice has been, is being or should have been carried out and to carry out the requirements.
	(6)	For the purposes of this section, a building inspector may enter upon any land or premises on which a building has been erected or building work is being or has been carried out.
	(7)	A building inspector who enters upon land or premises in pursuance of this section is not authorised to remain on the land or premises if, on request by the occupier of the land or premises, he or she does not produce a certificate in writing signed by the building controller that he or she is authorised so to enter.
	(8)	A person who, without reasonable excuse, obstructs a building inspector acting in pursuance of this section commits an offence.
Maximum penalty (subsection (8)):  50 penalty units, imprisonment for 6 months or both.
9A	Inspection of premises for hazardous substances
	(1)	The building controller may, by instrument, authorise a building inspector to inspect a building to determine whether it contains loose asbestos.
	(2)	Subject to this section, a building inspector who is authorised to inspect a building under subsection (1) may, at any reasonable time of the day—
	(a)	enter upon the land on which the building is situated; and
	(b)	inspect the building;
and may, for the purpose of performing the inspection—
	(c)	open any cavity in the building, or any other part of the building, to determine whether it contains loose asbestos; or
	(d)	examine or perform tests on any substance that the building inspector finds in or about the building and that he or she suspects, on reasonable grounds, may be loose asbestos; or
	(e)	remove from the building, for testing, samples of any substance that the building inspector finds in or about the building and that he or she suspects, on reasonable grounds, may be loose asbestos;
	(3)	A building inspector shall not inspect a building to determine whether it contains loose asbestos unless—
	(a)	the building controller has caused the occupier of the building to be given a notice in writing not less than 7 days before the day on which the inspection is to take place that states—
	(i)	the purpose of the inspection; and
	(ii)	the period within which the inspection is to take place; and
	(iii)	the procedure that will be adopted for advising the occupier of the results of the inspection; and
	(iv)	that the building inspector who is to perform the inspection will be carrying an identity card which bears a photograph of the building inspector; and
	(b)	on attending at the building to make the inspection, the building inspector endeavours to ascertain whether the occupier is present at the building and, if the building inspector finds that the occupier is present, he or she endeavours to—
	(i)	advise the occupier that he or she proposes to inspect the building; and
	(ii)	advise the occupier of the purpose of the inspection; and
	(iii)	show the occupier his or her identity card.
	(3A) 	A building inspector shall not inspect a building under this section unless the building inspector carries an identity card which bears a photograph of the building inspector.
	(4)	A notice under subsection (3) (a) may be given to the occupier of a building by—
	(a)	leaving it at the building to be inspected; or
	(b)	sending it by post addressed to the occupier at the address of the building to be inspected.
	(5)	Where a building inspector requires access to the interior of a building for the purpose of performing an inspection under this section (not being access that may be gained to a roof cavity of the building by lifting or moving roofing material), the building inspector shall make reasonable endeavours to contact the occupier of the building and make arrangements convenient to the occupier and the building inspector for the occupier to give the building inspector the access he or she requires.
	(6)	Where a building inspector has contacted the occupier of a building pursuant to subsection (5) and made arrangements of the kind referred to in that subsection, the building inspector may enter the building in accordance with those arrangements for the purpose of performing an inspection under this section.
	(7)	Where—
	(a)	a building inspector has, pursuant to subsection (5), made reasonable endeavours to contact the occupier of a building to make arrangements of the kind referred to in that subsection but has been unable to—
	(i)	contact the occupier; or
	(ii)	make arrangements of that kind; or
	(b)	a building inspector has, pursuant to subsection (5) made arrangements of the kind referred to in that subsection with the occupier of a building but the occupier has refused or failed to give the building inspector access to the interior of the building in accordance with those arrangements;
the building controller may, by instrument, authorise the building inspector to gain the access he or she requires to the interior of the building to perform an inspection under this section.
	(8)	A building inspector who is authorised to enter a building under subsection (7) may enter the building at any reasonable time of the day with such assistance and with such force as is necessary and reasonable for the purpose of performing an inspection under this section.
	(9)	A building inspector who gains access to a roof cavity or other part of a building by lifting or moving roofing or other material shall, as soon as practicable after the completion of his or her inspection, restore the building to the condition in which it was immediately prior to the inspection.
	(10) 	A building inspector who gains access to the interior of a building in accordance with arrangements made pursuant to subsection (5) shall—
	(a)	cause as little damage as is practicable to the building in the exercise of his or her powers under this section; and
	(b)	behave courteously to any person he or she encounters in the building; and
	(c)	respect the rights of privacy of any person using the building; and
	(d)	where the building inspector has, in his or her arrangements with the occupier of the building under subsection (5), undertaken to close the building at the completion of the inspection—close the building securely in accordance with those arrangements.
	(11) 	A building inspector who enters a building by force under subsection (8) shall—
	(a)	cause as little damage as is practicable to the building in entering it and in exercising his or her other powers under this section; and
	(b)	behave courteously to any person he or she encounters in the building; and
	(c)	respect the rights of privacy of any person using the building; and
	(d)	close the building securely on leaving it at the end of the inspection.
	(12) 	Where a building inspector, in the exercise of his or her powers under this section in relation to a building, causes damage to the building, or the land on which it is situated, the building inspector shall, before departing from the building at the completion of the inspection, leave at the building a report addressed to the occupier of the building giving particulars of the damage so caused.
	(13) 	A building inspector who inspects a building under this section shall, before departing from the building at the completion of the inspection, leave at the building a report addressed to the occupier of the building that—
	(a)	states that the building inspector has not found any substance in or about the building which he or she believes may be loose asbestos; or
	(b)	states that the building inspector has found a substance in or about the building which he or she believes may be loose asbestos, that he or she has taken samples of the substance for testing and that the occupier will be promptly advised of the results of the tests when those results become available.
	(14) 	Where a building inspector removes a sample of a substance from a building for testing under subsection (2) (e)—
	(a)	the building inspector shall promptly arrange for the sample to be tested to determine whether it is loose asbestos; and
	(b)	the building controller shall arrange for a written report of the results of the tests to be promptly provided to the occupier of the building when the results become available.
	(15) 	A report under subsection (14) (b) may be provided to the occupier of a building by—
	(a)	leaving it at the building to which it relates; or
	(b)	sending it as a letter by post addressed to the occupier at the address of the building to which it relates.
	(16) 	A building inspector who enters premises to perform an inspection under this section is not authorised to remain on the premises if, on request by the occupier of the premises or a person apparently in charge of the premises, he or she does not show his or her identity card.
	(17) 	A person who, without reasonable excuse, obstructs or hinders a building inspector acting pursuant to this section commits an offence.
Maximum penalty (subsection (17)):  50 penalty units, imprisonment for 6 months or both.
Division 2.2	Conduct of inquiries
10	Procedure
	(1)	The procedure at an inquiry under this Act is within the discretion of the building controller.
	(2)	The building controller may adjourn an inquiry from time to time.
11	Evidence
	(1)	At an inquiry the building controller may take evidence on oath or affirmation and for that purpose may administer an oath or affirmation.
	(2)	In conducting an inquiry, the building controller is not bound by rules of evidence but may inform himself or herself in such manner as he or she thinks fit.
12	Legal representation
	(1)	At an inquiry a person may be represented by a legal practitioner who may examine witnesses and address the building controller on behalf of the person for whom he or she appears. 
	(2)	Where an inquiry is to be held under this Act, the building controller may appoint a legal practitioner to examine witnesses and advise the building controller on any matter relating to the inquiry. 
Division 2.3	Builder’s licences
14	Classes of builder’s licences
	(1)	For the purposes of this Act, there shall be 4 classes of builder’s licences, namely—
	(a)	builder’s licences class A; and
	(b)	builder’s licences class B; and
	(c)	builder’s licences class C; and
	(d)	builder’s licences class D.
	(2)	Subject to this section, a builder’s licence class A authorises the person to whom it is granted to carry out any kind of building work other than specialist building work.
	(3)	Subject to this section, a builder’s licence class B authorises the person to whom it is granted to carry out any building work other than—
	(a)	building work in connection with a building comprising more than 3 storeys; or
	(c)	specialist building work.
	(4)	Subject to this section, a builder’s licence class C authorises the person to whom it is granted to carry out any building work in connection with a class 1, class 2 or class 10a building that comprises no more than 2 storeys, other than—
	(a)	building work that involves the use of—
	(i)	structural beams the maximum of any of the spans of which exceeds 6m; or
	(ii)	reinforced concrete beams the maximum of any of the spans of which exceeds 6m; or
	(iii)	suspended reinforced concrete in slabs the maximum of any of the spans of which exceeds 6m; or
	(b)	specialist building work.
	(5)	A builder’s licence class D authorises the person to whom it is granted to carry out such specialist building work as is specified by the building controller by endorsement on the licence.
	(6)	Subject to this section, a builder’s licence class B, a builder’s licence class C or a builder’s licence class D also authorises the person to whom it is granted to carry out any building work that does not affect an integral part of the structure of a building.
	(6A) 	The building controller may, by endorsement on the relevant licence, authorise the holder of a builder’s licence class A, a builder’s licence class B or a builder’s licence class C to carry out such specialist building work as is specified in the endorsement.
	(6B) 	The building controller may grant a builder’s licence subject to such conditions or restrictions as he or she thinks fit in relation to—
	(a)	the kinds of building work that may be carried out; and
	(b)	standards to be observed and procedures to be followed in carrying out building work; and
	(c)	the number of building projects that may be undertaken by the builder concurrently; and
	(d)	the value of building work that may be undertaken;
under the licence, and the building controller shall, when he or she issues the licence, endorse those conditions or restrictions (if any) on the licence.
	(7)	A licensee shall not carry out building work—
	(a)	knowing that he or she is not the holder of a builder’s licence that authorises him or her to carry out that building work; or
	(b)	with reckless indifference to whether the building work is building work that the licensee is authorised to carry out by the builder’s licence held by the licensee.
Maximum penalty:  50 penalty units.
	(7A) 	A licensee shall not carry out building work that involves the handling of asbestos—
	(a)	knowing that he or she is not the holder of a builder’s licence that authorises him or her to carry out that building work; or
	(b)	with reckless indifference to whether the building work is building work that the licensee is authorised to carry out by the builder’s licence held by the licensee.
Maximum penalty:  50 penalty units.
	15	Applications for builder’s licence
	(1)	Subject to this section, a person may apply to the building controller, in writing, for the grant of a builder’s licence included in 1 of the 4 classes of licences specified in section 14.
Note	A fee may be determined under s 64 (Determination of fees) for this section.
(1AA) 	An applicant for a builder’s licence—
	(a)	in the case of a builder’s licence class D—shall; or
	(b)	in the case of any other builder’s licence—may;
in his or her application for the licence, specify specialist building work for authorisation by endorsement on the licence under section 14 (5) or (6A), as the case requires.
	(1A) 	An application for a builder’s licence lodged by a company shall be accompanied by a certificate in writing signed by a director of the company certifying that the information contained in the application is, to the best of his or her knowledge and belief, true.
	(2)	In the case of an application for a builder’s licence by a company, the building controller shall refuse the application unless the company has, in its application, nominated as the person who is to be responsible for the adequate direction and supervision of building work to be undertaken by the company, a director or an employee of the company who is the holder of a licence included in the class of licences to which the application relates.
	(3)	In the case of an application by 2 or more persons carrying on business in partnership, the building controller shall refuse the application unless the applicants have, in the application, nominated as the person to be responsible for the adequate direction and supervision of building work to be undertaken by the partnership 1 of the partners who is the holder of a licence included in the class of licences to which the application relates.
16	Eligibility for builder’s licences
	(1)	Subject to subsection (11), a person other than a company is not eligible for the grant of a builder’s licence class D unless—
	(a)	he or she has such qualifications and skills in respect of the specialist building work specified in his or her application for the licence as are adequate to enable him or her to carry out that work in accordance with the prescribed standards; and
	(b)	he or she has satisfactorily carried out on his or her own account or under supervision, for periods that total not less than 3 years, specialist building work of the kind specified in his or her application for the licence.
	(2)	A person other than a company is not eligible for the grant of a builder’s licence class C unless—
	(a)	he or she holds a certificate issued by the Canberra Institute of Technology certifying that he or she—
	(i)	has successfully completed a course at the Canberra Institute of Technology approved by the Minister in writing; and
	(ii)	has at least 12 months experience in building work gained during or after undergoing that course; or
	(b)	he or she holds a certificate issued by a tertiary institution outside the Territory certifying that he or she—
	(i)	has successfully completed a course at that institution approved by the Minister in writing; and
	(ii)	has at least 12 months experience in building work gained during or after undergoing that course; or
	(c)	he or she is a person who has skills and has had experience that make him or her as capable of carrying out building work as a person who has the certificate referred to in paragraph (a).
	(3)	A person other than a company is not eligible for the grant of a builder’s licence class B unless—
	(a)	he or she holds a certificate issued by the Canberra Institute of Technology certifying that he or she—
	(i)	has successfully completed a course at the Canberra Institute of Technology approved by the Minister in writing; and
	(ii)	has at least 12 months experience in building work gained during or after undergoing that course; or
	(b)	he or she holds a certificate issued by a tertiary institution outside the Territory certifying that he or she—
	(i)	has successfully completed a course at that institution approved by the Minister in writing; and
	(ii)	has at least 12 months experience in building work gained during or after undergoing that course; or
	(c)	he or she is a person who has qualifications and skills that make him or her as capable of carrying out building work as a person who has the certificate referred to in paragraph (a) and he or she has satisfactorily carried out under supervision or on his or her own account for periods that total not less than 3 years building work other than building work of the kind that the holder of a builder’s licence class D is authorised to carry out.
	(4)	A person other than a company is not eligible for the grant of a builder’s licence class A unless—
	(a)	he or she holds an Australian tertiary qualification, approved by the Minister in writing, in architecture, civil engineering, structural engineering or building; or
	(b)	he or she holds an overseas tertiary qualification in architecture, civil engineering, structural engineering or building the standard required for attaining which is equivalent to, or higher than, that required for attaining a corresponding qualification referred to in paragraph (a); or
	(c)	he or she is a person who has qualifications and skills that make him or her as capable of carrying out building work as a person who has a tertiary qualification referred to in paragraph (a) and has satisfactorily carried out on his or her own account or under supervision for periods that total not less than 3 years building work other than building work of the kind that the holder of a builder’s licence class C or a builder’s licence class D is authorised to carry out.
	(5)	An approval by the Minister under this section is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(6)	A company is not, or 2 or more persons carrying on business in partnership are not, eligible for the grant of a builder’s licence included in the class of licences to which the application relates unless the person nominated in the application for the licence as the director or employee of the company or the partner, as the case requires, who is to be responsible for the adequate direction and supervision of building work to be undertaken by the company or partnership is the holder of such a licence.
	(7)	Where a person other than a company is otherwise eligible under this section for the grant of a builder’s licence, or 2 or more persons carrying on business in partnership are so eligible, the licence shall not be granted unless that person, or each of those persons, as the case requires, is a fit and proper person to hold the relevant licence.
	(8)	Where a company is otherwise eligible under this section for the grant of a builder’s licence, the licence shall not be granted unless each director of the company is a fit and proper person to hold the relevant licence.
	(9)	The building controller may require a person who is an applicant for the grant of a builder’s licence to furnish him or her with—
	(a)	information in writing; and
	(b)	documents;
relating to the eligibility of that person for the grant of a licence.
	(10) 	Where a person who is an applicant for a builder’s licence is not otherwise eligible for the grant of the relevant licence under this section, the building controller may require the applicant to undertake an examination for the purpose of determining his or her ability to perform building work of the kind specified in his or her application.
	(11) 	An applicant who satisfies the building controller at an examination pursuant to subsection (10) shall be taken to be eligible for the grant of a builder’s licence in respect of building work of the kind specified in his or her application.
	17	Grant of licence
	(1)	The building controller shall consider each application for a builder’s licence and—
	(a)	shall approve of the grant to the applicant of the builder’s licence of the kind applied for; or
	(b)	subject to this section—
	(i)	may refuse to grant a builder’s licence to the applicant; or
	(ii)	may refuse to grant to the applicant a builder’s licence of the kind applied for and may approve of the grant to the applicant of a builder’s licence for the grant of which the applicant is eligible.
	(2)	The building controller shall only exercise the powers referred to in subsection (1) (b) if—
	(a)	he or she has reason to believe that the applicant is not eligible for the grant of a builder’s licence of any kind or of the kind applied for, as the case may be; and
	(b)	he or she has, within 30 days after the receipt of the application, given to the applicant notice in writing specifying the grounds upon which he or she bases his or her belief that the applicant is not eligible for the grant of the builder’s licence for which he or she has applied; and
	(c)	the applicant fails, within the period specified in that notice, to establish that he or she or it is eligible for the grant of the builder’s licence for which he or she has applied.
	(2A) 	The building controller may in writing request an applicant for a builder’s licence to supply further particulars in relation to his or her application.
	(2B) 	Where the building controller requests further particulars, the period referred to in subsection (2) (b) ceases to run on the day on which the notice is—
	(a)	delivered to the applicant personally; or
	(b)	posted (under prepaid postage) as a letter addressed to the applicant at his or her last-known place of residence or business;
and resumes on the day on which those particulars are received by the building controller.
	(3)	Where the building controller grants a builder’s licence to an applicant referred to in section 16 (11), the licence may be granted subject to such conditions or restrictions as, having regard to the results of the examination undertaken pursuant to section 16 (10), the building controller thinks fit.
	(6)	If the building controller has approved the grant of a licence, the building controller must issue the licence to the person to whom it is to be granted.
Note	A fee may be determined under s 64 (Determination of fees) for this section.
	(7)	A builder’s licence is, unless sooner cancelled, in force for a period not exceeding 3 years specified in the licence and commencing on the day on which the licence is granted.
18	Variation, suspension or cancellation of licences
	(1)	The building controller may cause notice in writing to be served on the holder of a licence requiring the holder to show cause why a licence should not be varied, suspended or cancelled on any of the following grounds:
	(a)	that the licence has been granted in error or in consequence of a false statement or misleading information furnished by the holder of the licence;
	(b)	that the holder carried out building work that did not comply with the standards or methods set out in the building code or as approved, or approved and specified, as the case may be, by the building controller and that further building work has not been carried out in accordance with directions given under this Act;
	(c)	that—
	(i)	the holder has; or
	(ii)	a person working under the direction and supervision of the holder has, to the knowledge of the holder;
attempted to deceive the building controller or a building inspector with respect to building work that has been or is being carried out;
	(d)	that—
	(i)	the holder has; or
	(ii)	a person working under the direction and supervision of the holder has, to the knowledge of the holder;
contravened a provision of, or requirement made pursuant to, this Act;
	(e)	that the holder or, in the case of a licence issued to a company, a director of the company is no longer a fit and proper person to hold the relevant licence;
	(f)	that, in the case of a licence granted to a company or partnership, the company or partnership has not had, for a period exceeding 21 days, a director or employee, or a partner, as the case requires, who holds a builder’s licence included in the same class as that held by the company or partnership;
	(g)	that, in the case of a licence granted to a company or partnership, the company or partnership has not, within 7 days after a person nominated by it has ceased to be responsible for the adequate direction and supervision of building work undertaken by it, notified the building controller of that fact;
	(h)	that the holder or, in the case of a licence granted to a company or partnership, the person nominated as responsible for the adequate direction and supervision of building work undertaken by the company or partnership—
	(i)	has failed to exercise due skill, care and diligence in the carrying out of building work undertaken by the holder; or
	(ii)	has failed to exercise adequate direction and supervision of that work.
	(2)	A notice under subsection (1) shall—
	(a)	contain full particulars of the facts or circumstances on which the building controller has formed his or her opinion that the ground or grounds specified in the notice exists or exist; and
	(b)	specify a time not less than 14 days or more than 28 days after the date of the service of the notice within which the holder may show cause to the building controller why his or her licence should not be varied, suspended or cancelled.
	(3)	The holder of a licence may apply, by giving notice of an intention to show cause or otherwise, for an extension of the period within which he or she is required to show cause.
	(4)	An application may be made under subsection (3) notwithstanding that the period the extension of which is sought has expired.
	(5)	Upon receiving an application under subsection (3), the building controller may extend the period of time by not more than 28 days.
	(6)	The building controller may cause a copy of a notice under subsection (1) to be served on the owner of any land on which building work is being carried out by the licensee on whom the notice has been served.
	(7)	The owner of land on which building work is being carried out by a licensee on whom a notice under subsection (1) has been served may make representations to the building controller concerning the proposed variation, suspension or cancellation—
	(a)	if a copy of a notice under subsection (1) has been served on that owner—within the period of time specified in that notice or any extension of that period granted by the building controller; or
	(b)	in any other case—before the time fixed under subsection (8) (a) for an inquiry.
	(8) 	After the expiry of the period of time specified in a notice under subsection (1) or any extension of that period, the building controller may—
	(a)	fix a time and place for an inquiry into the proposed variation, suspension or cancellation and shall give notice in writing of the time and place of that inquiry to the holder and any owner who has made representations in relation to that variation, suspension or cancellation; or
	(b)	remove any suspension imposed under section 18A and make a decision not to suspend, vary or cancel the licence; or
	(c)	where no cause to the contrary has been shown and no representations have been made, vary, suspend or cancel the licence, as originally proposed in the notice.
	(9)	After holding an inquiry at the time and place fixed for that inquiry in accordance with subsection (8) (a), the building controller may vary, suspend or cancel the licence if he or she finds that a ground specified in subsection (1) exists.
	(10) 	Where the building controller varies a licence, he or she may, among other things, change the class to which the licence belongs and impose conditions or restrictions on the licence for such time and on such terms as he or she considers reasonable in the circumstances.
	(11) 	A builder’s licence shall not be in force during a period for which it is suspended under this section or section 18A.
18A	Preliminary suspension of builder’s licence
	(1)	Where the building controller considers it necessary to do so, having regard to the circumstances leading to the service of a notice under section 18 (1) and the ground or grounds specified in the notice, he or she may suspend the licence in relation to which the notice has been served, before the holder shows cause to the contrary or representations are received from an owner referred to in section 18 (7).
	(2)	Where the building controller has suspended a licence under subsection (1), he or she shall deal with the matter as soon as practicable in accordance with the provisions of section 18.
	(3)	For the purposes of subsection (2), section 18 (2) (b) shall be read as referring to a period of not less than 7 days and not more than 14 days.
19	Notification of decision to suspend or cancel
	(1)	The building controller shall notify the prescribed particulars of a decision to vary, suspend or cancel a builder’s licence in a daily newspaper printed, published and circulated in the Territory.
	(2)	For the purposes of subsection (1), the prescribed particulars are—
	(a)	the name of the holder of the licence that is varied, suspended or cancelled; and
	(b)	any other name under which the holder was or is carrying on business; and
	(c)	the address or addresses at which the holder was or is carrying on business; and
	(d)	the nature of the decision; and
	(e)	the date on which the variation, suspension or cancellation took effect; and
	(f)	the ground or grounds referred to in section 18 (1) that was or were found to exist.
	(3)	A notice shall not be published under subsection (1) unless—
	(a)	the period of time or any extension of the period of time within which an application for review of the decision to vary, suspend or cancel the licence may be made has expired; or
	(b)	where an application for review of the decision has been made and the decision has been affirmed or varied—
	(i)	the period of time within which an appeal may be instituted from that decision, or from any decision following such an appeal, has expired; or
	(ii)	an appeal from such a decision has been instituted but has been withdrawn or dismissed.
	20	Register of builder’s licences
	(1)	There shall be kept in the office of the building controller a register to be called the register of builder’s licences in which the building controller shall enter the names and addresses of persons holding builder’s licences granted under this Act, in appropriate cases, the nominees of those persons and the class of licences in which the licence issued to each of those persons is included.
	(2)	The building controller shall record in the register of builder’s licences—
	(a)	any decision to vary, suspend or cancel a licence when that decision becomes final; and
	(b)	any failure on the part of a holder to show cause within the time specified by the building controller under section 18 (1) or any extension of that time granted under section 18 (5), as to why his or her licence should not be varied, suspended or cancelled.
	(2A) 	A decision becomes final for the purposes of subsection (2) if the requirements of section 19 (3) (a) or (b) have been satisfied in relation to that decision.
	(3)	A person may inspect the register of builder’s licences at the office of the building controller during the hours during which that office is open for business.
Note	A fee may be determined under s 64 (Determination of fees) for this section.
21	Loss etc of licence
If the building controller is satisfied that a builder’s licence granted to a person under this Act has been lost, defaced or destroyed, he or she may issue to that person a certified copy of the builder’s licence and that copy shall be deemed to have, for the purposes of this Act, the same effect as the builder’s licence.
22	Change of nominee
	(1)	A company that is the holder of a builder’s licence may, by notice in writing lodged with the building controller, nominate a director or an employee of the company who is the holder of a builder’s licence included in the class of builder’s licences in which the company’s licence is included as the person responsible, in the place of a person previously nominated, for the adequate direction and supervision of building work undertaken by the company.
	(1A)  	Two or more persons who carry on business in partnership and are the holders of a builder’s licence may, by notice in writing lodged with the building controller, nominate a partner who is the holder of a builder’s licence included in the class of builder’s licences in which the licence held by those persons is included as the person responsible, in the place of a person previously nominated, for the adequate direction and supervision of building work undertaken by those persons in partnership.
	(2)	The building controller shall, as soon as practicable after receipt of the notice, enter particulars of the change in the register of builder’s licences.
23	Notice of change of address
	(1)	Where the address of the holder of a builder’s licence is changed, the holder shall, within 7 days after the change, furnish to the building controller notice in writing of the change.
	(2)	The building controller shall, as soon as practicable after the receipt of the notice, enter the particulars of the change of address in the register of builder’s licences.
Division 2.3A	Owner-builders’ licences
	23A	Grants of licences
	(1)	A natural person who—
	(a)	is the owner of a parcel of land; and
	(b)	personally or under his or her own supervision, intends to carry out building work on the land;
may apply to the building controller, in accordance with this section, for the grant of an owner-builder’s licence.
	(2)	An application for an owner-builder’s licence shall be in writing, signed by the applicant and accompanied by—
	(a)	a copy of the building approval and approved plans in relation to the proposed work; and
	(b)	particulars of the applicant’s skills and experience in relation to the proposed building work; and
	(c)	such other information and documents as are prescribed under the regulations.
Note	A fee may be determined under s 64 (Determination of fees) for this section.
	(3)	Subject to this section, the building controller may grant an owner-builder’s licence if satisfied that the application complies with subsection (2) and the proposed building work—
	(a)	involves the erection or alteration of the principal place of residence of the applicant; or
	(b)	is of such a nature that it can be carried out in accordance with this Act by a person who is not the holder of a builder’s licence.
	(4)	The building controller shall not grant an owner-builder’s licence unless he or she is satisfied that the applicant possesses the skills and experience required to carry out the work in respect of which the application has been made.
	(5)	The building controller may, by notice in writing, request an applicant for an owner-builder’s licence to provide such further information or documents as the building controller may reasonably require in order to make a decision under subsection (3).
	(6)	Where a request under subsection (5) is not complied with within 14 days of the date of the notice or such longer period as is stated in the notice or the building controller allows, the building controller may refuse the application.
	(7)	An application for an owner-builder’s licence shall not be granted in respect of proposed building work that involves the erection or alteration of the principal place of residence of the applicant if, during the period of 5 years immediately preceding the lodgment of the application, the building controller has granted to the applicant a specified permission.
	(8)	In subsection (7):
specified permission means—
	(a)	an owner-builder’s licence; or
	(b)	a building permit under section 39 as in force immediately before the commencement of this section;
in relation to building work for the erection or alteration of the applicant’s principal place of residence on land other than the land in relation to which the application under subsection (1) has been made.
	(9)	An owner-builder’s licence does not entitle the licensee to carry out any building work other than the work in relation to which it has been granted.
23B	Period for which owner-builder’s licence is in effect
An owner-builder’s licence lapses when—
	(a)	the certifier in relation to the building work gives to the building controller a certificate under section 40 (1) (g) in relation to the work; or
	(b)	the relevant building approval lapses otherwise than by virtue of section 35A;
whichever sooner happens.
Division 2.4	The building code
24	Building code
	(1)	For this Act, the building code is the Building Code of Australia prepared and published by the Australian Building Codes Board, as amended from time to time by—
	(a)	the Australian Building Codes Board; and
	(b)	the Australian Capital Territory Appendix to the Building Code of Australia.
	(2)	The Minister may, in writing, make an Australian Capital Territory Appendix to the Building Code of Australia.
Note	Power given under an Act to make a statutory instrument (including the Australian Capital Territory Appendix to the Building Code of Australia) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).
	(3)	The Australian Capital Territory Appendix to the Building Code of Australia is a disallowable instrument.
Note 1	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Note 2	An amendment or repeal of the Australian Capital Territory Appendix to the Building Code of Australia is also a disallowable instrument (see Legislation Act 2001, s 46 (2)).
25	Publication of building code etc in newspaper
	(1)	The Minister must publish, in a daily newspaper published and circulating in the ACT, notice of the publication of each edition of the Building Code of Australia and each amendment of it by the Australian Building Codes Board.
	(2)	A notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
26	Inspection
	(1)	The building controller shall keep a copy of the building code at his or her office at all times.
	(2)	A person may, upon request, at any time at which the building controller’s office is open for business, inspect the building code kept by the building controller.
	27	Exemptions
	(1)	The Minister may, in writing, exempt, either generally or in a particular case, a person, from the application of all or any of the provisions of the building code.
	(2)	An exemption is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
28	Certified copies
In any proceedings before a court or the administrative appeals tribunal, evidence of the building code as in force on a specified date or during a specified period may be given by the production of an office copy of the building code certified by the building controller as a true copy as at that date or during that period.

Part 3	Building work
Division 3.1	Preliminary
29	Meaning of stage in pt 3
In this part:
stage, in relation to building work, means a stage prescribed under section 38A (1).
Division 3.2	Certifiers
30	Eligibility for appointment as certifier
	(1) 	The regulations may specify the categories of building work in relation to which a registered construction practitioner is qualified to be appointed certifier.
	(2)	A registered construction practitioner is eligible to be appointed certifier in relation to building work if he or she—
	(a)	is entitled under the Construction Practitioners Registration Act 1998 to perform services as certifier in relation to the work; and
	(b)	is qualified to be appointed in accordance with the regulations in relation to the work.
	(3)	The appointment of a certifier who, after being appointed, ceases to be eligible to be appointed in relation to the relevant building work, ceases to be in effect, by virtue of this subsection, when the certifier ceases to be so eligible.
	(4)	In this section:
registered construction practitioner means a person who is registered under the Construction Practitioners Registration Act 1998.
31	Appointment of certifiers
	(1)	The owner of a parcel of land on which it is proposed to carry out building work may, in writing, appoint to act as certifier in relation to the work a person who is eligible under section 30 to act as certifier in relation to it.
	(2)	Subject to section 30 (3), an appointment under subsection (1) ceases to be in effect if—
	(a)	the owner of the parcel of land revokes the appointment by notice in writing given to the certifier; or
	(b)	the certifier relinquishes the appointment by notice in writing given to the owner of the parcel of land.
	32	Notification of appointment or cessation of appointment of certifier
Where, after the issue of a building approval in relation to building work—
	(a)	a person is appointed certifier in relation to that work; or
	(b)	a person’s appointment as certifier in relation to that work ceases to be in effect by virtue of section 30 (3) or is revoked; or
	(c)	a person relinquishes his or her appointment as certifier in relation to that work;
the person shall, within 7 days of the appointment, cessation, revocation or relinquishment (as the case requires), notify the building controller of the occurrence in writing.
Maximum penalty:  1 penalty unit.
Note	If a form is approved under s 65 (Approved forms) for a notification, the form must be used.
33	Prohibition against contracting out
A provision in a contract or agreement that limits or modifies, or purports to limit or modify, the operation of this part, including this section, in relation to a certifier or building work, is void.
Division 3.3	Grant of building approvals
33A	Application
	(1)	The owner of a parcel of land may apply, in accordance with this section, to the certifier for a building approval in relation to building work to be carried out on the land.
	(2)	An application under subsection (1) may be made by an agent of the owner of the parcel of land on the owner’s behalf.
	(3)	An application under subsection (1)—
	(a)	shall be in writing; and
	(b)	shall specify—
	(i)	the name of the owner of the parcel of land; and
	(ii)	the block, section, division and district (within the meaning of the Districts Act 1966) of the parcel of land; and
	(c)	shall be accompanied by the prescribed number of copies of the plans relating to the proposed work; and
	(ca)	if the building work involves the demolition of any building, or the alteration of a building other than a class 1, class 2 or class 10a building—shall be accompanied by a waste management plan; and
	(d)	shall comply with the prescribed requirements.
34	Issue of building approvals
	(1)	Subject to section 34A, the certifier to whom application for a building approval is made shall issue the approval if he or she is satisfied that—
	(a)	the application complies with section 33A (3); and
	(b)	where the application is made on behalf of the owner of the parcel of land—it is made by an agent authorised in writing by the owner; and
	(c)	the plans that accompany the application comply with the prescribed requirements; and
	(d)	the prescribed requirements relating to consultation with, or obtaining the consent or approval of, any person, body or authority, have been satisfied; and
	(e)	subject to subsection (2), where the plans are for the erection of a building—the building as erected will comply with this Act; and
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001, s 104).
	(f)	subject to subsection (2), where the plans are for the substantial alteration of a building—the building as altered will comply with the building code; and
	(fa)	if the application relates to residential building work—
	(i)	a residential building insurance policy has been issued in respect of the work; or
	(ii)	an approved insurer has issued a certificate that the insurer has insured the work under a residential building insurance policy; and
	(fb)	if a waste management plan is required to accompany the application—the plan is adequate; and
	(g)	the building as proposed to be erected or altered (as the case requires) will be structurally sufficient, safe and stable; and
	(h)	the training levy has been paid.
	(2)	Subsection (1) (e) does not require compliance with the building code and subsection (1) (f) does not apply in so far as the plans contain matter the acceptable requirements for which are not dealt with in the building code.
	(3)	For the purposes of subsection (1) (f), plans are for the substantial alteration of a building if the aggregate volume (measured in accordance with subsection (4)) of the proposed alteration and any other alteration made to the building during the period of 3 years immediately preceding the making of the application for the building approval is more than 50% of the volume of the original building.
	(3A) 	For subsection (1) (fb), a waste management plan is adequate if—
	(a)	where—
	(i)	a facility exists in the Territory; or
	(ii)	the Minister has, in writing, specified a facility outside the Territory as being suitable; 
		for the reuse or recycling of materials of the kind described in the plan—the plan stipulates that the materials will be disposed of, where practicable, at such a facility; and 
	(b)	the plan satisfies any other prescribed requirements.
	(4)	For the purposes of subsection (3), the volume of a building shall be measured by reference to roof and outer walls.
	(5)	A building approval must be—
	(a)	marked on; or
	(b)	attached to; or
	(c)	partly marked on and partly attached to;
the plans in relation to which it has been issued.
Note	If a form is approved under s 65 (Approved forms) for a building approval, the form must be used.
	(6)	Where a building approval is not, or not entirely, marked on the plans, the certifier shall annotate the plans with an indication that the approval, or part of the approval (as the case requires), is in a separate document.
	(7)	A certifier who issues a building approval shall—
	(a)	give a copy of the approval and the relevant plans as soon as practicable to the person who has applied for the approval; and
	(b)	within 7 days after the issue give to the building controller—
	(i)	a copy of the approval; and
	(ii)	a copy of the relevant plans; and
	(iii)	if notification of his or her appointment as certifier has not previously been given to the building controller—notification of the appointment; and
	(iv)	the fee determined under section 64 (Determination of fees) in relation to the issue of the building approval.
Note	If a form is approved under s 65 (Approved forms) for a notification of appointment, the form must be used.
	(8)	In this section:
approved insurer means an authorised insurer who—
	(a)	has had a form of residential building insurance policy approved by the building controller; and
	(b)	has not given to the building controller a notice under section 58G.
residential building work—see section 58A.
34A	External design and siting considerations
	(1)	An application for a building approval shall not be granted if the certifier is satisfied that, by reason of the external design or siting of a proposed building, or of a building as proposed to be altered, the carrying out of the building work to which the application relates would result in the contravention of this Act or any other law.
	(2)	Subsection (1) does not apply where the building work forms part of a development that is not required to be approved under the Land Act, division 6.2.
35	Amendment of approved plans
	(1)	This section applies where, after the issue of a building approval in relation to building work, it is desired to amend the plans that relate to that work.
	(2)	Where this section applies, the owner of the parcel of land to which the building approval relates may apply, in accordance with this section, to the certifier for approval of the amendment to the plans.
	(3)	An application under subsection (1) shall comply with the prescribed requirements.
	(4)	A certifier to whom an application under subsection (2) has been made—
	(a)	shall, if satisfied that the nature or extensiveness of the proposed amendments requires reconsideration of the building approval, refuse the application;  or
	(b)	may, if—
	(i)	the requirements of section 34 (1) and the regulations, in so far as they apply to plans, are satisfied in relation to the plans as amended; and
	(ii)	if the application were an application for a building approval—it would not be refused by reason of section 34A; and
	(iii)	in his or her view, reconsideration of the building approval is not required;
approve the amendment to the approved plan and amend the building approval accordingly.
	(5)	A certifier who amends a building approval shall comply with section 34 (5), (6) and (7) (other than paragraph (b) (iv)) in respect of the amended plans as if a reference in those subsections to plans were a reference to the plans as amended.
35A	Effect of issue of further building approval
Upon the issue of a building approval in relation to building work in respect of which a building approval is already in effect, the previously issued building approval is superseded and ceases, by virtue of this section, to be in effect.
36	Land to be used in accordance with lease
The issue of a building approval in respect of building work on a parcel of land does not authorise—
	(a)	if the parcel of land is held under a lease from the Commonwealth—its use for a purpose other than that for which the lease was granted; or
	(b)	the use of the parcel of land contrary to a provision, covenant or condition of the lease.
36A	Period for which approvals are in force
	(1)	Subject to section 35A and this section, a building approval is valid until the expiry of—
	(a)	the period of 3 years commencing on the day of its issue; or
	(b)	the development period applicable to the building work;
whichever sooner occurs.
	(2)	Where the development period applicable to the building work is extended, the certifier may, subject to subsection (3), extend the period of validity of the building approval to a day that is no later than the day on which the extended development period expires.
	(3)	Nothing in subsection (2) authorises the extension of the period of validity of a building approval to a day that is more than 3 years after the day on which the approval was issued.
	(4)	In this section:
development period means a period of time within which, under another law or a condition of the relevant lease, the building work is required to be completed.
Division 3.4	Carrying out building work
37	Requirements for carrying out building work
Building work shall not be carried out otherwise than in accordance with the following requirements:
	(a)	the materials used in the building work shall conform to the standards for those materials set out in the building code;
	(b)	the methods of use of those materials in the building work shall conform to the acceptable methods of use set out in the building code;
	(c)	the building work shall be carried out in a proper and skilful manner;
	(d)	the building work shall be carried out in accordance with the approved plans;
	(e)	where an owner-builder’s licence has not been granted in relation to the building work—the building work shall be carried out by a person who is the holder of a builder’s licence of a class that authorises the carrying out of the building work;
	(f)	where an owner-builder’s licence has been granted in relation to the building work—the building work will be carried out by the person to whom the licence has been granted;
	(g)	the licensee in charge of the building work shall take—
	(i)	all the safety precautions specified in or with the application for the building approval; and
	(ii)	any other safety precautions that a certifier or a building inspector may from time to time specify.
37A	Notifications by owner of land in relation to building work
	(1)	Subject to subsection (3), the owner of a parcel of land shall not authorise the carrying out of building work on that land unless he or she, or his or her agent, has notified in writing the certifier of the name and licence number of the licensee who is to carry out the building work.
Maximum penalty:  20 penalty units.
	(2)	Where—
	(a)	a notification under subsection (1) has been given; and
	(b)	the work is to be continued by a person other than the person last notified under subsection (1) or this subsection;
the owner of the parcel of land on which the building work is, or is to be, carried out shall not authorise the continuation of the work unless he or she, or his or her agent, has notified in writing the certifier of the name and licence number of the licensee who is to continue to carry out the building work.
Maximum penalty:  20 penalty units.
	(3)	A person to whom an owner-builder’s licence has been granted in relation to building work shall not commence to carry out the work until he or she has notified in writing the certifier of the number of the licence.
Maximum penalty:  20 penalty units.
38	Notifications by certifier in relation to building work
	(1)	A certifier who receives a notification under section 37A shall, within 7 days of receiving it, notify the building controller in writing of—
	(a)	the name of the person who is to carry out the building work; and
	(b)	the number of that person’s licence and whether or not, in the certifier’s opinion, the licence authorises the carrying out of the relevant building work.
Note	If a form is approved under s 65 (Approved forms) for a notification, the form must be used.
	(2)	Where—
	(a)	the building work is building work within the meaning of part 5A; and
	(b)	part 5A applies to that work by virtue of section 58B;
a certifier who receives a notification under section 37A shall, within 7 days of receiving it—
	(c)	advise the building controller in writing whether or not, in the certifier’s opinion, there is in effect an insurance policy in respect of the building work that complies with section 58E; and
	(d)	if the certifier is of the opinion that an insurance policy that complies with section 58E is in effect—give to the building controller sufficient particulars to identify the policy.
	(3)	A certifier shall not, without reasonable excuse, fail to comply with subsection (1) or (2).
Maximum penalty:  5 penalty units.
38A	Stages of building work
	(1)	There shall be such stages of building work as are prescribed.
	(2)	A licensee in charge of building work shall not proceed with any building work above dampcourse level unless—
	(a)	the certifier has received a plan signed by a registered surveyor specifying the position of the building in relation to the boundaries of the parcel of land on which the building is to be erected and specifying the level that the floor or floors of the building will have in relation to a level specified in the approved plans; and
	(b)	the certifier is satisfied that the position of the building and the level of the floor or floors are in accordance with—
	(i)	the approved plans; and
	(ii)	the conditions to which any compulsory consent is subject.
Maximum penalty:  50 penalty units.
	(3)	In subsection (2) (b) (ii):
compulsory consent means a consent or approval required to be obtained under section 34 (1) (d) or any other law of the Territory.
	(4)	A licensee in charge of building work who has reached a stage shall not proceed beyond that stage unless—
	(a)	he or she has given to the certifier notice that the stage has been reached; and
	(b)	the certifier has inspected the building work and has given written permission for the work to proceed.
Maximum penalty:  50 penalty units.
	(5)	A certifier who has received a notice under subsection (4) (a) shall inspect the building work to which the notice refers as soon as practicable.
	(6)	Where, in the course of an inspection under this section, a certifier forms the opinion on reasonable grounds that the building work is not in compliance with section 37, the certifier shall give to the licensee in charge of the building work such written directions as are reasonable and appropriate for achieving compliance.
	(7)	A certifier who is satisfied, after an inspection under this section, that building work complies with section 37, shall certify accordingly and give the certificate to the licensee in charge of the building work.
	(8)	A certifier shall not fail, without reasonable excuse, to comply with subsection (5), (6) or (7).
Maximum penalty:  10 penalty units.
	(9)	A licensee in charge of building work shall keep records of—
	(a)	test borings, test loadings or other investigations made for the purpose of determining the permissible loadings on piles used in the building work, pile-driving operations, calculations of allowable loadings and details of the location of the piles; and
	(b)	tests loadings and excavations made for the purpose of determining the bearing capacity of the foundation for the building or proposed building or building as proposed to be altered; and
	(c)	tests referred to in subsection (10);
until a certificate of occupancy for the building work is issued, and, when the certificate is issued, the licensee in charge of the building work shall deliver those records to the certifier.
	(10) 	A certifier may, by notice in writing, require the licensee in charge of the building work to conduct, on the materials used or to be used in the work, on the structure of the building, or in relation to any other matter concerned with the work, such tests as are specified in the notice.
	(11) 	A licensee in charge of building work who is required under subsection (10) to conduct a test shall, as soon as practicable after the test is completed, submit to the person who requested it, in writing, the results of that test.
39	Building inspector may specify safety precautions
	(1)	Where—
	(a)	building work in respect of which a building approval has been granted is being carried out at or near to a street or place that is open to or used by the public; and
	(b)	a building inspector finds, on inspection, that inadequate safety precautions in connection with the building work are being taken to protect the safety of persons using that street or place;
the building inspector may direct that such safety precautions as the inspector specifies and are reasonable in the circumstances be taken in respect of that building work.
	(2)	Subsection (1) applies—
	(a)	whether or not safety precautions were submitted to the certifier who issued the building approval; and
	(b)	where safety precautions were submitted—those precautions are being observed.
	(3)	The licensee in charge of the building work shall comply with a direction under subsection (1).
Division 3.5	Completion of building work
39A	Structural engineer’s certificate
At any time before or after the completion of building work, the certifier, if satisfied on reasonable grounds that it is desirable to do so in the interests of persons who occupy or use, or are likely to occupy or use, a building or part of a building that is being, or has been, erected or altered, may require the owner of the parcel of land on which the building work is being, or has been, carried out, to furnish to the certifier such certificates by professional engineers as will reasonably satisfy the certifier that the building or part of the building as erected or altered is structurally sufficient, sound and stable for the purposes for which it is to be occupied or used.
40	Completion of building work
	(1)	Where building work appears to have been completed, the certifier shall, within 7 days of being satisfied that—
	(a)	the work has been completed in accordance with the requirements of this Act and substantially in accordance with the approved plans; and
	(b)	the building or part of the building as erected or altered is structurally sufficient, sound and stable for the purposes for which it is to be occupied or used;
give to the building controller—
	(c)	written evidence of the obtaining of any consents and approvals required to have been obtained under section 34 (1) (d); and
	(d)	a copy of the plan referred to in section 38A (2) (a); and
	(e)	a copy of all certificates issued under section 38A (7) in relation to the building work; and
	(f)	where the regulations require that, upon completion of the building work, the consent or approval of any person, body or authority is to be obtained—written evidence of the obtaining of that consent or approval; and
	(g)	a certificate that the building work has been completed in accordance with the requirements of this Act and substantially in accordance with the approved plans; and
	(h)	any certificate obtained under section 39A or, if no certificate under that section has been obtained, a written statement to the effect that—
	(i)	the certifier is satisfied that the building or part of the building as erected or altered is structurally sufficient, sound and stable for the purposes for which it is to be occupied or used; and
	(ii)	no certificate under section 39A is required; and
	(i)	where, in the certifier’s view, the requirements of a specified subsection of section 53 have been satisfied—written advice that the building controller would be justified in issuing a certificate of occupancy in respect of the building work under that subsection; and
	(j)	subject to subsection (3), a copy of the following documents and papers relating to the building work:
	(i)	any application to the certifier under this Act and any accompanying document;
	(ii)	all plans or drawings;
	(iii)	any approval, certificate, determination, notification or permission issued, granted or given;
	(iv)	any certificate or other document given or prepared by another person that the certifier has relied on for the purpose of issuing, granting or giving a document referred to in subparagraph (iii);
	(v)	the certifier’s working papers and calculations that are relevant to the decision to issue, grant or give a document referred to in subparagraph (iii).
	(2)	The building controller may, in writing, exempt a certifier from compliance, in whole or in part, with any subparagraph of subsection (1) (j) in respect of building work specified in the exemption.
	(3)	A certifier is not required to give to the building controller a copy of a document or paper referred to in subsection (1) (j) if—
	(a)	he or she has already given to the building controller, in pursuance of this Act, the document or paper, or a copy of the document or paper; or
	(b)	the building controller has exempted the certifier under subsection (2) from giving the copy.
Division 3.6	Offences
40A	Compliance with building code
A person shall not, without reasonable excuse, carry out building work except in accordance with the building code.
Maximum penalty:  50 penalty units.
	41	Notification of breaches
	(1)	Subject to subsection (3), a certifier shall, as soon as practicable, notify the building controller of any contravention of this Act that has come to the certifier’s attention.
Maximum penalty:  5 penalty units.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001, s 104).
	(2)	For the purposes of subsection (1), where building work is not in compliance with section 37, no contravention of this Act shall be taken to have occurred if the licensee in charge of the building work rectifies the matter to the satisfaction of the certifier within a reasonable time of the matter being brought to the notice of the licensee.
	(3)	Subsection (1) applies whether or not a direction under section 38A (6) has been given in relation to the matter that constitutes the contravention.
41A	Carrying out building work in breach of s 37
	(1)	Building work (other than maintenance or cleaning of a specialised system) shall not be commenced or carried out except in compliance with section 37.
	(2)	Where building work is commenced or carried out in contravention of subsection (1), the owner of the parcel of land on which the building work is carried out and a person who carries out the building work each commit an offence.
Maximum penalty:  50 penalty units.
	(3)	Where building work that involves the handling of asbestos is commenced or carried out in contravention of subsection (1), the owner of the parcel of land on which the building work is carried out and a person who carries out the building work each commit an offence.
Maximum penalty:  50 penalty units.
	(4)	It is a defence to a prosecution against an owner of a parcel of land for an offence against this section if the owner satisfies the court that he or she—
	(a)	believed on reasonable grounds that section 37 had been complied with; or
	(b)	was not aware, and could not reasonably have been aware, that the building work had commenced or had been carried out, as the case requires.
	(5)	It is a defence to a prosecution against a person other than the owner of a parcel of land if the person satisfies the court that—
	(a)	he or she had carried out the building work in pursuance of a contract entered into by him or her with another person or at the request and on the instructions of another person; and
	(b)	that he or she believed on reasonable grounds that—
	(i)	a building approval had been issued in relation to the building work; and
	(ii)	the work has been carried out in compliance with section 37.
	(6)	A person who carries out building work that involves the handling of asbestos is not guilty of an offence against subsection (3) if the person satisfies the court that—
	(a)	he or she did not know that the building work involved the handling of asbestos; and
	(b)	he or she was not recklessly indifferent to whether the building work involved the handling of asbestos.

Part 4	Stop and demolition notices
    
42S	Meaning of easement
A reference in sections 43 (1) (fa) and 46 (1) (ea) to an easement shall be deemed to include a reference to an area of land identified as an easement for electricity, telecommunication, water, drainage and sewerage services in, on or over the land on—
	(a)	a certificate of title; or
	(b)	a deposited plan, within the meaning of the Districts Act 1966;
with respect to that land.
43	Stop notices
	(1)	Where building work is being carried out—
	(a)	without a building approval having been issued in relation to the work; or
	(b)	otherwise than in accordance with the approved plans for that building work; or
	(d)	contrary to a provision of this Act relating to that building work; or
	(e)	where the building work is being carried out on a parcel of land held under lease from the Commonwealth—contrary to a provision, covenant or condition of the lease; or
	(ea)	in the case of building work forming part of a development requiring approval under the Land Act, division 6.2—without that approval; or
	(f)	in the case of building work forming part of a development approved under the Land Act, division 6.2—contrary to that approval, or a condition of that approval; or
	(fa)	if the building work is of a kind referred to in section 6AA—it is being carried out so as to encroach on an easement; or
	(g)	on a building that contains loose asbestos;
the building controller or a building inspector may, by notice in writing, prohibit the carrying out of any further building work or of such building work as he or she specifies in the notice.
	(2)	Subsection (1) (a) and (b) do not apply to building work of a kind referred to in section 6AA.
	(2A) 	Subsection (1) (fa) does not apply to building work of a kind referred to in section 6AA for which approval was obtained before the commencement of that section, if the building work is carried out in accordance with—
	(a)	the approved plans for that building work; and
	(b)	the conditions subject to which a building permit for the building work was granted.
	(3)	A stop notice ceases to be in force—
	(a)	if the building controller, by notice in writing signed by him or her revokes the notice given under subsection (1); or
	(b)	except in the case of a notice given on the ground specified in subsection (1) (a) or a notice of a kind referred to in paragraph (ba)—on the expiration of 7 days after the service of the notice unless the building controller, before the expiration of that period, gives a further notice under section 44; or
	(ba)	in the case of a notice given on the ground specified in subsection (1) (d) in connection with the carrying out of building work in contravention of section 39 (2)—when the certifier notifies the building controller that the certifier has received the plan referred to in section 39 (2) (a); or
	(d)	if it is deemed to have been revoked under subsection (4); or
	(e)	if a further notice is given under section 44—when the work specified in that further notice is carried out.
	(4)	Where, if a stop notice in relation to building work is given on the ground specified in subsection (1) (a)—
	(a)	an application for a building approval in respect of that building work is made under this Act within 14 days of the giving of the notice; and
	(b)	the application is granted; 
the notice shall be deemed to have been revoked.
44	Further notices relating to stop notices
	(1)	Where a stop notice has been given on a ground other than that specified in section 43 (1) (a), the building controller may, within the period of 7 days after the service of the stop notice, by a further notice, specify the building work (including work by way of demolition) that is required to be carried out to ensure that the building work for which the building approval was issued will be carried out in accordance with the approved plans and the provisions of this Act, and shall, by that further notice, require the building work specified in the notice to be carried out within such period as is specified in that further notice.
	(3)	Where—
	(a)	an application for a building approval is not made as provided by section 43 (4); or
	(b)	the building controller rejects an application under that subsection;
the building controller, in a case in which the stop notice has not ceased to be in force, may, by notice in writing, require the owner of the parcel of land on which the building work was being carried out before the giving of the stop notice to carry out such building work (including demolition) as is specified in the notice within such period as is specified in the notice.
	(4)	An act or thing done by a person for the purpose of complying with a notice under this section shall not be deemed to be a contravention of a stop notice.
	(5)	Where building work has been carried out in the circumstances referred to in section 43 (1) (f), the building controller shall not give a notice under this section to carry out the demolition of a building except on the recommendation of the Territory planning authority.
45	Service of notice
A notice under section 43 or 44 may be served—
	(a)	on the owner of the parcel of land on which the building work referred to in the notice is being carried out; or
	(b)	on the person by whom the building work referred to in the notice is being carried out; or
	(c)	in the case of a stop notice—on any person carrying out building work referred to in the notice; or
	(d)	jointly on any 2 or more of the persons to whom the notice may be given in the appropriate case under paragraph (a), (b) or (c).
45A	Notice to produce survey plan
Where building work for which a building approval has been issued has been carried out in contravention of section 38A (2), the building controller may serve on—
	(a)	the owner of the parcel of land on which the building work was carried out; or
	(b)	the person by whom the building work was carried out;
a notice requiring the person on whom it is served to produce to the building controller, within such period as is specified in the notice, being a period of not less than 7 days after the date of service of the notice, the plan referred to in section 38A (2) (a).
46	Notice to carry out building work
	(1)	Where—
	(a)	building work has been carried out, either before or after the commencement of this Act, without a permit for that building work having been issued under the Canberra Building Regulations or without a building permit granted under this Act for that building work having been in force at the time the building work was carried out; or
	(b)	building work for which a building permit has been granted under this Act has been carried out in contravention of section 36 (5), or otherwise than in accordance with the conditions referred to in section 40; or
	(c)	building work, in respect of which a notice has been served under this part, has been carried out otherwise than in accordance with that notice; or
	(d)	building work has been carried out on a parcel of land held under lease from the Commonwealth, contrary to a provision, covenant or condition of the lease; or
	(da)	building work forming part of a development requiring approval under the Land Act, division 6.2 has been carried out without that approval; or
	(e)	building work forming part of a development approved under the Land Act, division 6.2 has been carried out contrary to that approval, or a condition of that approval; or
	(ea)	building work of a kind referred to in section 6AA has been carried out resulting in encroachment on an easement; or
	(f)	the building controller finds, on inspection, that—
	(i)	a completed building has deteriorated to such an extent—
	(A)	in the case of a building in relation to the erection or alteration of which plans or plans and specifications, as the case may be, have been approved under this Act or under the repealed laws—as to be unfit for use as a building of the class specified, or for the purpose stated, as the case may be, in the plans or plans and specifications so approved in respect of the most recent building work that has been carried out in relation to that building; or
	(B)	in any other case—as to be unfit for any type of use; or
	(ii)	building work has not been completed when the building permit in respect of the building work lapsed; or
	(iii)	a building or part of a building is not structurally sound; or
	(iv)	the maximum safe live load or the load that a building was designed to carry has been exceeded; or
	(v)	the external condition of a building is such that injury to persons or damage to property may result from a part of the building becoming detached; or
	(vi)	a building or part of a building is unsafe by reason of fire hazard or unfit for use by reason of a danger to health; or
	(g)	a building inspector finds, on inspection, that a building contains loose asbestos;
the building controller may serve on the owner of the parcel of land on which the building work has been carried out or on which the building has been erected, as the case may be, a notice directing him or her to carry out, or cause to be carried out, such building work (including demolition) on that parcel of land as is specified in the notice within such period as is specified in the notice and may in the notice direct the owner to submit plans for approval and require the person carrying out the work to obtain the grant of a building permit.
	(2)	Where building work has been carried out in the circumstances mentioned in subsection (1) (a), a notice given by the building controller in pursuance of subsection (1) shall be deemed to have been revoked if the building controller, on application by or on behalf of the owner of the parcel of land made under this Act within 14 days after the service of the notice, grants a building permit for that building work.
	(2A)	Where building work has been carried out in the circumstances referred to in subsection (1) (e), the building controller shall not give a notice under this section to carry out the demolition of a building except on the recommendation of the Territory planning authority.
	(3)	A notice served on the owner of a parcel of land by the building controller in pursuance of subsection (1) directing that person to carry out, or cause to be carried out, building work may specify safety precautions to be taken in carrying out that building work, being safety precautions that are reasonable in the circumstances.
	(4)	Where the owner of a parcel of land—
	(a)	is directed by a notice under subsection (1) to carry out, or cause to be carried out, building work (other than demolition); and
	(b)	the notice contains no requirements relating to the approval of plans or the obtaining of a building permit;
he or she shall pay to the building controller those fees that would have been payable if he or she had been required to submit plans for approval and that would have been payable by an applicant for a building permit in respect of that building work.
	(5)	Subsection (1) (a) and (b), subsection (1), so far as that subsection empowers the building controller to direct the owner of a parcel of land to submit plans for approval and to require a person carrying out building work to obtain the grant of a building permit, and subsection (4), do not apply to building work of a kind referred to in section 6AA.
	(6)	Subsection (1) (ea) does not apply to building work of a kind referred to in section 6AA for which approval was obtained before the commencement of that section, if the building work has been carried out in accordance with—
	(a)	the approved plans for that building work; and
	(b)	the conditions subject to which a building permit for the building work was granted.
51	Compliance with notices
A person shall not, without reasonable excuse, fail to comply with the requirements of a notice served on him or her under this part.
Maximum penalty:  50 penalty units.

Part 4A	Removal of loose asbestos
    
51A	Treatment and removal of loose asbestos by Territory
Where a building inspector has found loose asbestos in a building, the Territory may, for the purposes of public health and safety, by its servants, agents or contractors enter the building and—
	(a)	treat or secure the loose asbestos to prevent it from moving; or
	(b)	seal any cavity in the building, or other part of the building, that contains loose asbestos to prevent movement of the loose asbestos from that cavity or part of the building; or
	(c)	remove the loose asbestos or any part of it; or
	(d)	perform any 2 or more of the procedures referred to in paragraphs (a), (b) and (c) at the same time or at different times.
51B	Additional powers of the Territory
For the purposes of performing work specified in section 51A the Territory may, by its servants, agents or contractors—
	(a)	enter the land on which the building is situated; and
	(b)	on or over that land—
	(i)	construct, build or place any plant, machinery, equipment or goods; and
	(ii)	deposit materials or things; and
	(iii)	erect sheds or other structures; and
	(iv)	manufacture or work materials of any kind; and
	(c)	demolish, destroy or remove on or from that land any plant, machinery, equipment, sheds, structures, goods, materials or things constructed, erected, built, placed or deposited on the land under paragraph (b); and
	(d)	enter the building in which loose asbestos has been found at any reasonable time of the day with such assistance and by such force as is necessary and reasonable; and
	(e)	in, on or over the building—
	(i)	construct, build or place any machinery, equipment, materials, goods or things; and
	(ii)	erect structures; and
	(iii)	place coverings; and
	(iv)	manufacture or work materials of any kind; and
	(f)	demolish, destroy or remove in, on or from the building any machinery, equipment, structures, coverings, goods, materials or things constructed, erected, built or placed in, on or over the building under paragraph (e); and
	(g)	open any cavity in the building, or any other part of the building, that the servant, agent or contractor suspects, on reasonable grounds, may contain loose asbestos.
51C	Notice to occupier that work is to be performed
The Territory shall not perform any work in relation to a building in the exercise of its powers under section 51A unless the building controller has caused the occupier of the building to be given, not less than 28 days before the day on which the work is to commence, a notice in writing that—
	(a)	describes the work to be performed; and
	(b)	briefly describes the manner in which it is proposed that the work should be carried out; and
	(c)	specifies the powers under which the work is to be performed; and
	(d)	specifies the day on which it is expected that the work will commence; and
	(e)	specifies the day on which it is expected that the work will be completed; and
	(f)	where it will be necessary or desirable for those who occupy the building to leave it while the work is being performed—
	(i)	states that it will be necessary or desirable, as the case may be, for the occupants to leave the building during that period; and
	(ii)	specifies the day before which the occupants should have vacated the building to enable the work to be carried out; and
	(iii)	specifies the day on which it is expected that the occupants will be able to safely resume occupation of the building; and
	(g)	gives the name, business address and telephone number of a public servant who can give the occupier further information concerning the arrangements for the work.
51D	Service of notices
A notice under section 51C may be given to the occupier of a building—
	(a)	by delivering it to the occupier personally; or
	(b)	by sending it by post to the occupier at the address of the building to which it relates.
51E	Notice to owner that work is to be performed
	(1)	Where the building controller causes a notice under section 51C to be given to the occupier of a building and the occupier is, to the knowledge of the building controller, not the owner of the building, the building controller shall, at the time of causing the notice to be given to the occupier, cause a copy of the notice to be sent by post to the owner at the address of the owner last-known to the building controller.
	(2)	The building controller shall, before causing a notice under section 51C to be given to the occupier of a building, make reasonable enquiries to ascertain—
	(a)	the identities of the occupier of the building and the owner of the building; and
	(b)	if the building controller finds that the owner of the building is not the occupier of the building—the address of the owner of the building.
51F	Entry to building with force
	(1)	The Territory shall not by its servants, agents or contractors enter a building by force under section 51B unless the building controller has made reasonable endeavours to contact the occupier of the building and make arrangements convenient to the occupier and the Territory for the occupier to give the Territory access to the building to exercise its powers under sections 51A and 51B without the use of force.
	(2)	A servant, agent or contractor of the Territory who enters a building by force under section 51B shall—
	(a)	cause as little damage as is practicable in entering the building; and
	(b)	behave courteously to any person he or she encounters in the building; and
	(c)	close the building securely if he or she leaves it unattended.
51G	Liability of the Territory
Where the Territory performs work in relation to a building in the exercise of any of its powers under section 51A or 51B it shall not have a liability to any person in respect of—
	(a)	any costs or expenses incurred by persons who occupy or use the building for the occupation or use of alternative accommodation while the work is being carried out; or
	(b)	any costs or expenses incurred by the owner of the building, or those who occupy or use the building, for the cost of cleaning any goods or things (other than carpet and furniture) in or about the building that was made necessary or desirable by the performance of the work by the Territory; or
	(c)	any diminution in the value of the building, or the land on which the building is situated, by reason of the building having had loose asbestos in it.
51H	Obstruction of the Territory
A person shall not, without reasonable excuse, obstruct or hinder the Territory or any other person in the exercise of the Territory’s powers under section 51A or 51B.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

Part 5	Occupancy of buildings
    
52	Effect of certificates under pt 5
The issue, under this part, of a certificate in respect of a building or portion of a building does not affect the liability of a person to comply with the provisions of a law of the Territory (including this Act) relating to the building or portion of the building.
53	Certificate of occupancy
	(1)	In this section:
prescribed requirements, in relation to building work, means—
	(a)	the requirements of this Act; or
	(b)	the approved plans.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001, s 104).
	(2)	Where building work involving the erection or alteration of a building has been completed in accordance with the prescribed requirements for the building work, the building controller shall, on an application by the owner of the parcel of land on which the building work was carried out, issue a certificate that the building work has been completed in accordance with those requirements and that the building as erected or as altered is fit for occupation and use as a building of the class specified in the approved plans for that building work.
	(3)	Where building work involving the erection or alteration of a building as completed is not strictly in accordance with the prescribed requirements for the building work but is substantially in accordance with those requirements, the building controller may, on an application made by the owner of the parcel of land on which the building work has been carried out, issue a certificate that the building as erected or as altered, is fit for occupation and use as a building of the class specified in the approved plans for that building work.
	(6)	Where part of a building has been erected in accordance with the prescribed requirements in so far as they relate to that part of the building, the building controller may, on an application made by the owner of a parcel of land on which the building is being erected, issue to the owner of the parcel of land a certificate that that part of the building is fit for occupation and use as a part of a building of the class specified in the approved plans in respect of the building work.
	(7)	Where—
	(a)	a certificate of occupancy has been issued under subsection (6) in relation to a portion of a building; and
	(b)	the building controller, on completion of the whole of the building work, issues a certificate of occupancy for the whole of the building;
the building controller shall cancel the certificate that relates to the portion of the building.
	(9)	For the purposes of this section—
	(b)	a certificate under a relevant law, that the plumbing, sewerage and drainage work carried out in the building work is in conformity with such of the prescribed requirements for the building work as relate to plumbing, sewerage and drainage work is evidence of that fact; and
	(c)	a certificate signed by an inspector under the Electricity Safety Act 1971 certifying that the electricity wiring work, as defined by the Electricity Safety Act 1971, carried out in the building work is in conformity with such of the prescribed requirements for the building work as relate to that electricity wiring work is evidence of that fact.
	(10)	Where building work involving the demolition of a building has been completed in accordance with the prescribed requirements for that building work, the building controller shall, on an application  made by the owner of the parcel of land on which the building work was carried out, issue a certificate to that effect.
	(11)	Where building work involving the erection of a structure upon or attached to land or a building has been completed in accordance with the prescribed requirements for that building work, the building controller shall, on an application made by the owner of the parcel of land on which the building work was carried out, issue a certificate to that effect.
	(12)	For the purposes of determining, for the purposes of this section, whether building work has been completed in accordance with the prescribed requirements, the building controller may have regard to the certificates and other documents given to him or her by the certifier under section 40.
	(13)	In this section:
relevant law means—
	(a)	the Water and Sewerage Act 2000; or
	(b)	the Water and Sewerage Regulations 2001; or
	(c)	the Canberra Sewerage and Water Supply Regulations in force immediately before the repeal of the Energy and Water Act 1988.
53AA	Certificates of occupancy and use for owner-builders
Where the building controller issues a certificate for building work carried out by a person who holds an owner-builder’s licence, the certificate shall include a statement to the effect that part 5A (Residential building—statutory warranties and insurance) does not apply in relation to that building work.
	53AB	Government buildings
	(1) 	This section applies to a building if—
	(a)	the building was erected, before or after the commencement of this section, on land that, when the building was erected, was held—
	(i)	by the Commonwealth; or
	(ii)	by the Territory; or
	(iii)	by another person under a lease from the Commonwealth for a term of years; and
	(b)	a certificate of occupancy or regularisation has not been issued for the building.
	(2)	Application for a certificate that a building to which this section applies is fit for occupation may be made by a person eligible to make the application under subsection (3) or (4).
	(3)	If, when the application is made, the building is on land held under a lease from the Commonwealth for a term of years, the application may be made by the lessee.
	(4)	If, when the application is made, the building is not on land held under a lease from the Commonwealth for a term of years, the application may be made—
	(a)	if the land is held by a person, including the Territory, under a tenancy from the Commonwealth, whether or not the occupier is the tenant or a subtenant—by the Commonwealth or the tenant; or
	(b)	if the land is held under a tenancy from the Territory, whether or not the occupier is the tenant or a subtenant—by the tenant; or
	(c)	in the case of national land—by the Commonwealth; or
	(d)	in the case of Territory land—by the Territory.
	(5)	The application must—
	(a)	be in writing and signed by or on behalf of the applicant; and
	(b)	provide sufficient information to enable the building to be identified; and
	(c)	be accompanied by a copy of the plans and specifications relating to—
	(i)	the erection of the building and any alteration to it; or
	(ii)	the building when the application is made; and
	(d)	state the purpose for which the building or each part of the building is being used; and
	(e)	if it is intended that any part of the building be used for a purpose other than the purpose for which it is being used when the application is made—state the intended purpose.
Note	A fee may be determined under s 64 (Determination of fees) for this section.
	(6)	The building controller must—
	(a)	grant the application if satisfied that—
	(i)	the application complies with subsection (5); and
	(ii)	the building complies with subsection (7); or
	(b)	refuse the application if not so satisfied.
	(7)	The building complies with this subsection if—
	(a)	it is structurally sound and can withstand the loadings likely to arise from its expected use; and
	(b)	contains reasonable provision for—
	(i)	the safety of persons likely to be in the building if there is a fire, including the provision of adequate facilities for leaving the building; and
	(ii)	the prevention and suppression of fire; and
	(iii)	the prevention of the spread of fire.
	(8)	To decide whether the building complies with subsection (7), the building controller—
	(a)	may require the applicant to provide a written statement by a qualified registered construction practitioner that deals with the matters mentioned in subsection (7) (a) and (b), or such of the matters as the building controller specifies; and
	(b)	may have regard to such a statement.
	(9)	If the building controller grants the application, the building controller must issue to the applicant a certificate that the building is fit for occupation if each part of the building is used only for the purpose stated in the certificate.
	(10) 	In this section:
qualified registered construction practitioner means a person who—
	(a)	is registered under the Construction Practitioners Registration Act 1998; and
	(b)	in the building controller’s opinion, has sufficient expertise to provide a statement under subsection (8) that would assist the building controller to decide whether the building complies with subsection (7).
54	Occupation and use of buildings
	(1)	A person must not occupy or use, or permit someone else to occupy or use, a building or part of a building unless—
	(a)	the building controller has issued a certificate of occupancy for the building or part of the building; or
	(b)	for a building erected or altered before the commencing date or to which the repealed laws continue to apply—a certificate in accordance with the Canberra Building Regulations, regulation 69A has been issued for the building or part of the building.
Maximum penalty:  50 penalty units.
	(2)	If the building controller has issued a certificate of occupancy for only a part of a building (the approved part), a person must not use, or permit someone else to use, any other part of the building for which no certificate of occupancy has been issued, except for a purpose incidental to the use of the approved part.
Maximum penalty:  50 penalty units.
	(3)	In this section:
building does not include a building for which a certificate of regularisation has been issued.
54A	Use of buildings restricted
	(1)	A person shall not occupy or use, or permit another person to occupy or use, a building or portion of a building—
	(a)	in the case of a building in relation to the erection or alteration of which plans have been approved under this Act—as a building or portion of a building of a class other than the class specified in the plans so approved in respect of the most recent building work that has been carried out in relation to that building; or
	(b)	in the case of a building in relation to the erection or alteration of which plans have been approved only under the repealed laws—for a purpose other than that stated in the plans and specifications so approved in respect of the most recent building work that has been carried out in relation to that building,
unless the building controller has given his or her approval in writing to such occupation and use.
Maximum penalty:  50 penalty units.
	(2)	The building controller shall, for the purposes of subsection (1), upon written application being made to him or her, give his or her approval in writing to the occupation and use of a building or portion of a building as a building or a portion of a building of a class specified in the application where he or she would, in accordance with this Act, approve the plans relating to the erection of that building if—
	(a)	the building had not been erected and he or she were then and there considering the plans under section 33; and
	(b)	the plans specified, in pursuance of section 32 (1) (a) (iii), the building to be of the same class as that specified in the application.
	(3)	An approval given by the building controller in pursuance of subsection (2) does not, in respect of the parcel of land on which the building has been erected, being a parcel of land held under a lease from the Commonwealth, authorise the use of that parcel for a purpose other than the purpose for which the lease was granted or the use of the parcel of land contrary to a provision, covenant or condition of the lease.
	(4)	In this section:
building does not include a building for which a certificate of regularisation has been issued.
54B	Occupation and use of ex-government buildings
	(1)	This section applies to a building for which a certificate of regularisation has been issued and that—
	(a)	is on land held by a person other than the Territory from the Commonwealth under a lease for a term of years or a tenancy; or
	(b)	is on land held by a person under a lease or a tenancy from the Territory.
	(2)	A person must not occupy or use, or permit anyone else to occupy or use, a building to which this section applies, or a part of such a building, for a purpose other than the purpose that is stated in the certificate of regularisation.
Maximum penalty:  50 penalty units.
55	Action by building controller on unauthorised use of premises
	(1)	Where, after being convicted for an offence against section 54, 54A or 54B, a person continues to use or continues to permit another person to use a building or a portion of a building in contravention of the section for an offence against which he or she has been so convicted, the building controller may, by notice in writing to the occupier or to the person permitting the occupation, or to both—
	(a)	in the case of a conviction for an offence against section 54—require the building to be vacated within a period specified in the notice; and
	(b)	in the case of a conviction for an offence against section 54A or 54B—require the occupation or use of the building or the portion of the building in contravention of that section to cease within a period specified in the notice.
	(2)	A person on whom a notice under subsection (1) is served shall not, without reasonable excuse, fail to comply with the requirements of that notice.
	(3)	A person who contravenes subsection (2) commits an offence, in respect of each day on which he or she contravenes that subsection (including any such day on which the person is convicted of an offence).
Maximum penalty:  50 penalty units.
56	Copies of certificates of occupancy and regularisation
	(1)	A copy of each certificate issued under this part shall be kept in the office of the building controller, and a person may inspect a certificate at that office during the hours during which the office is open for business.
	(2)	Where the building controller issues a certificate under section 53 (2) or (6) in respect of a building or portion of a building and a copy of a certificate of occupancy in respect of that building or portion of a building is already being kept in his or her office, the building controller shall replace the earlier certificate with a copy of the later certificate of occupancy.
57	Safe live load plates
	(1)	Where a certificate is issued under this part on the completion of a class 5, class 6, class 7, class 8 or class 9 building or on the completion of the alteration of such a building, the owner of the building shall affix, in a conspicuous place on the walls of each storey of the building, in an approved manner, metal plates of approved size and form showing the maximum live load for which the floor on that storey has been designed.
Maximum penalty:  5 penalty units.
	(2)	Where—
	(a)	a later certificate is issued under this part in respect of an altered building; and
	(b)	at the time that certificate is issued the safe live load for a floor of that building is different from that shown in respect of that floor on the metal plates affixed to the walls in pursuance of subsection (1);
the owner of the building shall substitute other plates showing the maximum permissible safe live load on that floor.
Maximum penalty:  5 penalty units.
	(3)	The owner of the building shall maintain the plates affixed under this section.
Maximum penalty:  5 penalty units.
	(4)	A person shall not occupy a building or portion of a building in respect of which plates are required to be affixed or substituted under this section until they have been so affixed or substituted.
Maximum penalty:  5 penalty units.
	(5)	In this section:
class 5, class 6, class 7, class 8 and class 9, for a building, have the same respective meanings as they have in the building code.
58	Exceeding safe live load
The owner and occupier of a building in respect of a floor of which a metal plate referred to in section 57 shows a maximum live load shall each ensure that the maximum live load shown on the metal plate is not exceeded on that floor.
Maximum penalty:  50 penalty units.

Part 5A	Residential building—statutory warranties and insurance
    
58A	Definitions for pt 5A
In this part:
builder, in relation to residential building work or a residential building, means the person whose name is notified to the relevant certifier under section 37A.
building does not include paving or a structure that is a fence, retaining wall, outdoor swimming pool, outdoor ornamental pond, mast, antenna, aerial, advertising device, notice or sign.
building work does not include work in connection with the demolition of a whole building.
cost, in relation to building work, means the cost of the work as ascertained under section 58AA.
ground storey—see the building code.
habitable room—see the building code.
residential building means a building intended primarily for private residential use, or a part of such a building, where—
	(a)	if the ground floor is habitable—the building has no more than 3 storeys at any point (including the ground storey); or
	(b)	if the ground floor is not habitable—the building has no more than 4 storeys at any point (including the ground storey); or
	(c)	in the case of a part of a building—the part provides structural support, or constitutes a structurally integral adjunct to the building.
residential building work means building work in connection with a residential building.
58AA	Cost of building work
	(1)	For the purposes of this part, the cost of building work is—
	(a)	where a contract has been entered into for the carrying out of the building work—the cost of the work as fixed by the contract; or
	(b)	in any other case—
	(i)	an amount agreed between the building controller and the builder; or
	(ii)	failing such agreement—an amount determined by the building controller.
	(2)	For the purposes of subsection (1), the cost of building work—
	(a)	includes the cost of any engineering service in relation to the land on which the building work is to be carried out; but
	(b)	does not include the cost of the land on which the building work is to be carried out.
58B	Application
	(1)	This part does not apply in relation to residential building work—
	(a)	carried out or to be carried out by or for the Territory or the Commonwealth, a Territory authority or an authority established under a Commonwealth Act; or
	(b)	in relation to which an owner-builder’s licence has been granted; or
	(c)	if the cost of the work is less than the prescribed amount; or
	(d)	in respect of a building or dwelling other than a class 1 or class 2 building.
	(2)	Subsection (1) (d) is not to be taken to prevent this part from applying in relation to residential building work carried out in respect of a garage which provides structural support for, or constitutes a structurally integral adjunct to, a class 1 or class 2 building.
58C	Statutory warranties
	(1)	There is implied, by force of this section, in every contract for the sale of a residential building, and every contract to carry out residential building work (being a contract to which the builder is a party), a warranty by the builder—
	(a)	that the residential building work, on the building, or to be carried out, has been or will be carried out in accordance with this Act; and
	(b)	that the work has been or will be carried out in a proper and workmanlike manner and in accordance with the plans approved for the work by the building controller; and
	(c)	that good and proper materials for the work have been or will be used in carrying out the work; and
	(d)	if the work has not been completed, and the contract does not specify a date by which, or a period within which, the work is to be completed—that the work will be carried out with reasonable diligence; and
	(e)	if the owner of the land on which the work is being or is to be carried out is not the builder, and the owner expressly makes known to the builder, or a servant or agent of the builder, the particular purpose for which the work is required, or the result that the owner desires to be achieved by the work, so as to show that the owner is relying on the builder’s skill and judgment—that the work and any material used in carrying out the work is or will be reasonably fit for that purpose or of such a nature and quality that they might reasonably be expected to achieve that result.
	(2)	Each of the owner’s successors in title succeeds to the rights of the owner in respect of the statutory warranties.
	(3)	The warranties expire at the end of the prescribed period after the date on which a certificate of occupancy is issued for the building or the building work.
	(4)	In subsection (2):
owner means—
	(a)	in the case of a contract referred to in subsection (1) for the sale of a residential building—the person to whom title in the land on which the building was built is transferred under the contract; or
	(b)	in the case of a contract referred to in subsection (1) to carry out residential building work—the owner of the land on which the work is to be carried out under the contract.
58D	Builder’s liability
Nothing in this Act shall be taken to limit the liability that a builder would have had to any person if this Act had not been made.
58E	Residential building work insurance
	(1)	An insurance policy issued in respect of residential building work complies with this section if—
	(a)	it is issued by an authorised insurer; and
	(b)	it provides for a total amount of insurance cover of at least the prescribed amount, or an amount equal to the cost of the work, whichever is less, in respect of each dwelling that forms part of the work; and
	(c)	if the builder is not the owner of the land on which the work is to be carried out—it insures the owner and the owner’s successors in title for the period beginning on the date on which the certifier in relation to the work receives a notification under section 37A (1) or (2) in relation to the builder and ending the prescribed period after the date on which a certificate of occupancy is issued for the work; and
	(d)	if the builder is the owner of the land on which the work is to be carried out—it insures the builder’s successors in title for the period beginning on the date on which the title in the land is transferred to another person and ending the prescribed period after the date on which a certificate of occupancy is issued for the work; and
	(e)	the whole of the premium payable in relation to the respective period has been paid; and
	(f)	it insures the owner (if the builder is not the owner) and the owner’s successors in title against the risk of being unable to enforce or recover under the contract pursuant to which the work has been, is being or is to be carried out because of the insolvency, disappearance or death of the builder; and
	(g)	it insures the owner (if the builder is not the owner) and the owner’s successors in title against the risk of loss resulting from a breach of a statutory warranty; and
	(h)	it insures the owner (if the owner is not the builder) and the owner’s successors in title against the risk of loss resulting, by virtue of the builder’s negligence, from subsidence of the land; and
	(j)	it provides that a claim under it may only be made within the prescribed period (or some specified longer period) after the claimant becomes aware of the existence of grounds for the claim; and
	(k)	the form of the policy has been approved in writing by the building controller.
	(2)	A residential building insurance policy may provide that the authorised insurer who issues the policy is not liable for the first amount equal to the prescribed amount (or some specified lesser amount) of each claim.
	(3)	For the purpose of calculating the amount of the premium payable in respect of a residential building insurance policy, the value of the work shall be taken to be equal to the cost of the work.
	(4)	Any provision, stipulation, covenant or agreement (whether made before or after the commencement of this part) which negatives, limits or modifies or purports to negative, limit or modify the operation of this part is void and of no effect.
	(5)	A residential building insurance policy shall not be taken to be invalid only because it contains any term, condition or warranty not contained in the form of policy approved by the building controller, but any such term, condition or warranty is void and of no effect.
	(6)	An authorised insurer is not entitled to avoid liability under a residential building insurance policy on the grounds that the policy was obtained by misrepresentation or nondisclosure by the builder.
	(7)	Where—
	(a)	a builder is not the owner of the land on which the builder is carrying out residential building work; and
	(b)	as a result of becoming insolvent, the builder fails to complete the work; and
	(c)	the owner has paid the builder part or all of the cost of the work; and
	(d)	the work is insured under a residential building insurance policy;
the owner is not entitled to recover from the insurer any amount by which the amount paid exceeds the cost of the work done except, where the owner has paid a deposit on the work and the cost of any work done is less than the amount of the deposit, the owner may recover from the insurer—
	(e)	an amount equal to the amount of the deposit less the cost of any work done; or
	(f)	the prescribed amount less the cost of any work done;
whichever is less.
	(8)	For the purposes of this section, a builder shall be taken to be insolvent if the builder becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.
	(9)	In subsection (7):
deposit, in relation to residential building work, means an amount that was paid or payable by the owner to the builder, under the contract to carry out the work, before the commencement of the work.
58F	Recovery from builder
	(1)	Where—
	(a)	a court gives judgment in favour of a person in respect of a matter for which the person is insured under a residential building insurance policy; and
	(b)	the insurer is a party to the proceedings in which the judgment is given; and
	(c)	the judgment is not satisfied in full within the period of 30 days after the judgment is entered;
the judgment creditor may apply to the court for a direction that judgment be entered in favour of the creditor against the authorised insurer who issued the policy.
	(2)	The judgment creditor shall give the insurer at least 7 days written notice of his or her intention to make an application.
	(3)	A judgment entered against an authorised insurer is enforceable only to the extent that it had not been satisfied at the time the judgment was entered.
	(4)	An authorised insurer may, in addition to any other right or remedy, recover from a builder in respect of whose work a residential building insurance policy was issued so much of—
	(a)	any judgment entered or obtained against the insurer; and
	(b)	any sums paid by the insurer in payment, settlement or compromise of a claim or of a judgment against the builder or of a judgment entered or obtained against the insurer; and
	(c)	the costs of and expenses reasonably incurred by the insurer;
as the insurer has paid under or in consequence of the policy.
58G	Duties of insurers
	(1)	Where—
	(a)	an authorised insurer has been in the business of issuing residential building insurance policies; and
	(b)	the insurer ceases to be in that business, or the insurer’s authority to carry on insurance business is cancelled under the Insurance Act 1973 (Cwlth);
the insurer shall notify the building controller of the cessation or cancellation within 7 days of its occurrence.
Maximum penalty:  50 penalty units.
	(2)	An authorised insurer shall not knowingly represent falsely that an insurance policy issued or to be issued by the insurer complies with section 58E.
Maximum penalty:  250 penalty units.
	(3)	On or before 31 July in each year, an authorised insurer shall give a written statement to the building controller in relation to claims on residential building insurance policies dealt with by the company in the financial year ending on the previous 30 June specifying—
	(a)	the number of claims; and
	(b)	the amount of each claim; and
	(c)	the number of claims that were paid; and
	(d)	the amount paid on each claim; and
	(e)	where a claim was rejected—the reason for its rejection.
Maximum penalty:  100 penalty units.

Part 6	Miscellaneous
    
59	Service of notices etc
	(1)	A notice or other document under this Act addressed to 1 person may be served—
	(a)	by delivering the notice to the person personally; or
	(b)	by sending the notice by posting (under prepaid postage) the notice as a letter addressed to the person at his or her last-known place of residence or business; or
	(c)	by affixing the notice in a prominent position on the building or, in the case of an alteration to a building, on the portion of the building being altered, to which the notice relates.
	(2)	Where a notice under this Act is addressed jointly to 2 or more persons, a number of copies of the notice equal to the number of persons to whom the notice is addressed shall be signed by the person giving the notice, and 1 of those copies shall be served, in any of the manners specified in subsection (1), on each of those persons.
59A	False or misleading statements
A person who knowingly or recklessly—
	(a)	makes a statement to the building controller that is false or misleading in a material particular; or
	(b)	omits from a statement made to the building controller any matter or thing without which the statement is misleading in a material particular; 
commits an offence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
60	Review by administrative appeals tribunal
	(1)	Application may be made to the administrative appeals tribunal for the review of a decision of the building controller—
	(a)	endorsing a condition or restriction on a builder’s licence under section 14 (6B); or
	(b)	refusing under section 17 (1) (b) (i) or (ii) to grant a builder’s licence; or
	(c)	granting of a builder’s licence subject to conditions or restrictions under section 17 (3); or
	(d)	granting a builder’s licence for a period of time specified under section 17 (7); or
	(e)	varying, suspending or cancelling a builder’s licence under section 18; or
	(g)	refusing to grant an owner-builder’s licence under section 23A (3); or
	(i)	refusing to extend or further extend a period under section 36A (2); or
	(q)	issuing a stop notice under section 43; or
	(r)	issuing a notice under section 44 (1) or (3), 46 (1) or 53 (4) or (5); or
	(s)	refusing to issue a certificate of occupancy under section 53 (2), (3), (6), (10) or (11); or
	(sa)	refusing to issue a certificate of regularisation to a person other than the Territory or the Commonwealth under section 53AB (6) (b); or
	(t)	refusing to grant an approval under section 54A or 58E (1) (h); or
	(u)	determining the cost of building work under section 58AA (1) (b) (ii).
	(2)	The administrative appeals tribunal shall not in respect of a proposed building, or a building as proposed to be altered, forming part of a development within the meaning of the Land Act, division 6.2—
	(a)	vary a decision issuing a stop notice under section 43 or a notice under section 44 (1) or (3) or 46 (1), or substitute a decision for such a decision it has set aside, in a manner that would be contrary to an approval of the development under that division; or
	(b)	vary a decision issuing a notice under section 44 (3), or substitute a decision for such a decision it has set aside, unless the development has been approved under that division.
	(3)	Where the building controller makes a decision referred to in subsection (1), he or she shall give notice in writing of the decision—
	(a)	in the case of a decision referred to in subsection (1) (a), (b), (c) or (d)—to the applicant for the builder’s licence; or
	(b)	in the case of a decision referred to in subsection (1) (e) or (f)—to the holder of the builder’s licence; or
	(c)	in the case of a decision referred to in subsection (1) (g)—to the applicant for the owner-builder’s licence; or
	(d)	in the case of a decision referred to in subsection (1) (i)—to the applicant for the extension; or
	(l)	in the case of a decision referred to in subsection (1) (q)—to the person carrying out the building work; or
	(m)	in the case of a decision referred to in subsection (1) (r)—to the person required to carry out the specified building work; or
	(n)	in the case of a decision referred to in subsection (1) (s) and (sa)to the applicant for the certificate; or
	(o)	in the case of a decision referred to in subsection (1) (t)—to the applicant for approval.
	(4)	A notice under subsection (3) shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
62	Recovery of costs of work carried out by an inspector
The costs incurred in the carrying out of the requirements of a notice under part 4 or a decision of the building controller by a building inspector or his or her assistants under section 9 is recoverable as a debt due to the Commonwealth from the person who was, by the notice or order, required to carry them out.
63	Evidence
	(1)	In any proceedings before a court, a document purporting to be a copy of a notice under this Act and certified as a true copy by the building controller or of a person authorised in writing by him or her shall be received in evidence and shall be deemed without further proof to be a true copy of the notice.
	(2)	In any proceedings before a court, a notice certified as a true copy under this section shall be deemed, unless the contrary is proved, to have been given by the person purporting to give it and to have been given on the date specified in the certified copy of the notice.
	(3)	In any proceedings before a court, a document purporting to be a certificate given by the building controller and certifying that a specified person was or was not the holder of a building permit or approval for specified building work or a building licence included in a specified class of licences on a specified date or during a specified period is evidence that on the specified date or during the specified period that person was, or was not, as the case may be, the holder of such a building permit or approval, or building licence, as the case may be.
	(3A) 	In any proceedings before a court, a document purporting to be a certificate given by the building controller and certifying that no person on a specified date or during a specified period was the holder of a building permit or approval for specified building work is evidence that on the specified date or during the specified period no person was the holder of such a building permit or approval.
	(4)	In any proceedings before a court, a certificate signed by the building controller certifying that a document annexed to the certificate is a true copy of plans approved by the building controller under this Act or of a part of such plans is evidence of the plans or of the part as so approved.
	(4A) 	In any proceedings before a court, a certificate signed by the building controller and certifying that, at a specified date—
	(a)	a certificate of occupancy had not been issued for the building or portion of a building specified in the firstmentioned certificate; or
	(b)	a certificate in accordance with regulation 69A of the Canberra Building Regulations had not been issued in respect of the building or portion of a building specified in the firstmentioned certificate;
is evidence that, at that date, a certificate had not been issued under that section or that regulation, as the case may be, in respect of that building or portion of a building.
	(5)	In any proceedings before a court, unless the contrary is proved a certificate purporting to have been given under this section shall be deemed to have been given by the person purporting to give it without proof of the signature of the person by whom it purports to have been given.
	(6)	In this section:
building permit means a building permit granted under this Act before the commencement of the Building (Amendment) Act (No. 2) 1998, section 11.
63A	Legal liability for acts of building controller etc
	(1)	An action or proceeding, civil or criminal, does not lie against a person who is, or has been, the building controller, a deputy building controller or a building inspector personally for or in respect of any act done or omitted to be done in good faith by him or her in the exercise of powers or the performance of functions under this Act.
	(2)	Nothing in subsection (1) shall be taken to affect any liability that the Territory would, but for that subsection, have in respect of an act or omission referred to in that subsection.
	63B	Conduct of directors, servants and agents
	(1)	Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—
	(a)	that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and
	(b)	that the director, servant or agent had the state of mind.
	(2)	Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
	(3)	Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:
	(a)	that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
	(b)	that the servant or agent had the state of mind.
	(4)	Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the firstmentioned person unless the firstmentioned person establishes that the firstmentioned person took reasonable precautions and exercised due diligence to avoid the conduct.
	(5)	Where—
	(a)	a person other than a body corporate is convicted of an offence; and
	(b)	the person would not have been convicted of the offence if subsections (3) and (4) had not been made;
the person is not liable to be punished by imprisonment for that offence.
	(6)	A reference in subsection (1) or (3) to the state of mind of a person shall be read as a reference to—
	(a)	the knowledge, intention, opinion, belief or purpose of the person; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(7)	A reference in this section to engaging in conduct shall be read as including a reference to failing or refusing to engage in conduct.
	(8)	A reference in this section to an offence against this Act includes a reference to an offence against or arising out of the Crimes Act 1900, part 8 (Aiding and abetting, accessories, attempts, incitement and conspiracy) in relation to an offence against this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
64	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A fee for section 34 (7) (b) (iv) may only be determined by reference to the value of building work for which a building approval has been issued.
	(3)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
65	Approved forms
	(1)	The building controller may, in writing, approve forms for this Act.
	(2)	If the building controller approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
66	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision in relation to—
	(a)	the exemption of prescribed buildings from the operation of provisions of this Act; and
	(b)	the approval of building work on prescribed buildings in accordance with prescribed requirements; and
	(c)	any other matters in relation to the approval of building work on prescribed buildings.
	(3)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	
3	Legislation history
The Building Act 1972 was originally the Building Ordinance 1972.  It became an ACT Act on self-government (11 May 1989).
	Legislation before self-government
Legislation	Year and number	Gazette
notification	Commencement	
Building Act 1972	1972 No 26	4 Aug 1972	1 Sept 1972 (see Gaz 1972 No 79) 	
Building Ordinance 1974	1974 No 7	28 Mar 1974	28 Mar 1974	
Building Ordinance  (No 2) 1974	1974 No 38	3 Oct 1974	3 Oct 1974	
Building (Amendment) Ordinance 1976	1976 No 45	13 Sept 1976	13 Sept 1976	
Ordinances Revision (Remuneration) Ordinance 1976	1976 No 61	16 Nov 1976	16 Nov 1976	
Ordinances Revision Ordinance 1978	1978 No 46	28 Dec 1978	28 Dec 1978	
Building (Amendment) Ordinance 1979	1979 No 30	18 Sept 1979	26 Sept 1979 (see Gaz 1979 No S188)	
Building (Amendment) Ordinance 1982	1982 No 69	27 Aug 1982	27 Aug 1982	
Building (Amendment) Ordinance (No 2) 1982	1982 No 70	27 Aug 1982	27 Aug 1982	
Building (Amendment) Ordinance (No 3) 1982	1982 No 71	27 Aug 1982	27 Aug 1982	
Building (Amendment) Ordinance 1983	1983 No 20	24 Aug 1983	24 Aug 1983	
Building (Amendment) Ordinance (No 2) 1983	1983 No 66	30 Dec 1983	27 Aug 1982	
Building (Amendment) Ordinance 1984	1984 No 68	5 Dec 1984	5 Dec 1984	
Building (Amendment) Ordinance 1987	1987 No 20	3 June 1987	3 June 1987	
Building (Amendment) Ordinance (No 2) 1987	1987 No 47	16 Sept 1987	16 Sept 1987	
Electricity and Water (Consequential Amendments) Ordinance 1988	1988 No 31	30 June 1988	1 July 1988	
Building (Amendment) Ordinance 1988	1988 No 73	30 Sept 1988	1 Oct 1988 (see Gaz 1988 No S300)	
Building (Amendment) Ordinance (No 2) 1988	1988 No 80	9 Dec 1988	9 Dec 1988	
Building (Amendment) Ordinance (No 3) 1988	1988 No 86	21 Dec 1988	11 May 1989 (see Gaz 1989 No S161)	
as amended by	1989 No 28	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 No S164)	
Building (Amendment) Ordinance (No 4) 1988	1988 No 87	21 Dec 1988	21 Dec 1988	
Interim Territory Planning Ordinance 1988	1988 No 88	21 Dec 1988	ss 1 and 2:  21 Dec 1988
remainder:  31 Jan 1989 (see Gaz 1989 No S38)	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 No S164)	
Remuneration (Miscellaneous Amendments) Ordinance 1989
	1989 No 50	10 May 1989	10 May 1989	
Legislation after self-government	
Interim Planning (Consequential Amendments) Act 1990	1990 No 60	24 Dec 1990	s 3:  12 Mar 1991 (see Cwlth Gaz 1991 No S62)
remainder:  24 Dec 1990	
Building (Amendment) Act 1991	1991 No 23	17 May 1991	17 May 1991	
Building (Amendment) Act (No 2) 1991	1991 No 43	20 Sept 1991	ss 1 and 2:  20 Sept 1991
remainder:  1 Oct 1991 (see Gaz 1991 No S105)	
Self-Government (Consequential Amendments) Act 1991	1991 No 53	2 Oct 1991	2 Oct 1991	
Land Planning and Environment (Consequential Provisions) Act 1991	1991 No 118	15 Jan 1992	ss 1 and 2:  15 Jan 1992
ss 3-8, 17-27 and 32-44:  2 Apr 1992 (see Gaz 1992 No 13)
remainder:  15 July 1992	
Statute Law Revision (Miscellaneous Provisions) Act 1992	1992 No 23	4 June 1992	4 June 1992	
Building (Amendment) Act 1992	1992 No 48	1 Sept 1992	ss 1 and 2:  1 Sept 1992
remainder:  9 Dec 1992 (see Gaz 1992 No S230)	
Statute Law Revision (Miscellaneous Provisions) Act 1993	1993 No 1	1 Mar 1993	1 Mar 1993	
Acts Revision (Position of Crown) Act 1993	1993 No 44	27 Aug 1993	27 Aug 1993 (see 
s 2)	
Public Sector  Management (Consequential and Transitional Provisions) Act 1994	1994 No 28	30 June 1994	ss 1 and 2:  30 June 1994
remainder:  1 July 1994 (see Gaz 1994 No S142)	
Administrative Appeals (Consequential Amendments) Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:  14 Nov 1994 (see s 2 (2) and Gaz 1994 No S250)	
Statute Law Revision (Penalties) Act 1994	1994 No 81	29 Nov 1994	ss 1 and 2:  29 Nov 1994
remainder:  29 Nov 1994 (see Gaz 1994 No S269)	
Statutory Offices (Miscellaneous Provisions) Act 1994	1994 No 97	15 Dec 1994	ss 1 and 2:  15 Dec 1994
remainder:  15 Dec 1994 (see Gaz 1994 No S293)	
Building (Amendment) Act 1995	1995 No 28	5 Sept 1995	ss 14-16:  1 Jan 1996 (see Gaz 1995 No S319)
remainder:  5 Sept 1995	
Land (Planning and Environment) (Amendment) Act (No 3) 1996	1996 No 85	24 Dec 1996	pt I (ss 1 and 2):  24 Dec 1996
remainder:   24 June 1997	
Building (Amendment) Act 1997	1997 No 62	9 Oct 1997	9 Oct 1997	
Public Health (Miscellaneous Provisions) Act 1997	1997 No 70	9 Oct 1997	pt II (ss 4-19):  28 Aug 2000 (see Gaz 2000 No 33)
s 43:  13 Aug 1998 (see Gaz 1998 No S185)	
as amended by	2000 No 36	20 July 2000	20 July 2000	
Legal Practitioners (Consequential Amendments) Act 1997	1997 No 96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder:  1 June 1998 (see s 2 (2))	
Building (Amendment) Act 1998	1998 No 48	16 Nov 1998	16 Nov 1998	
Building (Amendment) Act (No 2) 1998	1998 No 52	16 Nov 1998	ss 1-3:  16 Nov 1998
remainder:  4 Jan 1999 (see Gaz 1999 No S1)	
Building (Amendment) Act 1999	1999 No 48	17 Sept 1999	17 Sept 1999	
Building (Amendment) Act (No 2) 1999	1999 No 69	3 Dec 1999	ss 1-3:  3 Dec 1999
remainder:  21 Nov 1999 (see s 2 (2))	
Utilities (Consequential Provisions) Act 2000	2000 No 66	20 Dec 2000	ss 1 and 2:  20 Dec 2000 (IA s 10B)
remainder:  1 Jan 2001 (see Gaz 2000 No S69)	
Electricity Amendment Act 2000	2000 No 69	20 Dec 2000	20 Dec 2000	
Surveyors (Consequential Amendments) Act 2001	2001 No 3	8 Mar 2001	s 1, s 2:  8 Mar 2001 (IA s 10B)
remainder: 26 July 2001 (see s 2 and Gaz 2001 No 30)	
Statute Law Amendment Act 2001	2001 No 11	29 Mar 2001	29 Mar 2001	
Unit Titles Consequential Amendments Act 2001	2001 No 17	5 Apr 2001	s 1, s 2:  5 Apr 2001 (IA s 10B)
remainder  5 Oct 2001 (s 2)	
Building Amendment Act 2001	2001 No 30	24 May 2001	s 1, s 2:  24 May 2001 (IA s 10B)
remainder:  1 July 2001	
Legislation (Consequential Amendments) Act 2001	2001 No 44	26 July 2001	s 1, s 2:  26 July 2001 (IA s 10B)
remainder: 12 September 2001 (s 2 and Gaz 2001 No S65)	
4	Amendment history
s 2	om R4 (LRA)
s 3	om 1976 No 45
s 4	am No 1974 38; 1988 No 86; 1993 No 1
	om 1999 No 48 s 4
s 5	am 1979 No 30; 1983 No 20; 1984 No 68; 1987 No 47; 1988 Nos 73, 80, 86 and 88; 1989 No 38; 1990 No 60; 1991 Nos 23 and 43; 1993 No 1; 1994 Nos 38, 60 and 97; 1995 No 28; 1996 No 85; 1997 No 70 ss 5, 43 sch 1; 1998 Nos 48 and 52; 1999 No 48 s 5; 1999 No 69 s 4; 2001 No 17 amdts 2.2-2.6; 2001 No 30 s 4, s 5; 2001 No 44 amdt 1.432, amdt 1.433
	def National Land om R5 LA
	def Territory Land om R5 LA
s 6	am 1974 No 7; 1987 No 20; 1988 Nos 73 and 88; 1989 No 38; 1991 No 43; 1992 No 48; 1993 No 1; 1996 No 85; 1998 No 52; 2001 No 11 amdt 3.1
s 6AA	ins 1992 No 48
s 6A hdg	sub 1997 No 70 s 6 (as am 2000 No 36 s 12)
s 6A	ins 1991 No 23
	am 1991 No 43
	sub 1993 No 44
	am 1998 No 52; 1997 No 70 s 6 (as am 2000 No 36 s 12)
	sub 2001 No 30 s 6
	exp 1 July 2004 (s 6A (2))
s 6B	ins 1997 No 70 s 7
	sub 2001 No 44 amdt 1.434
div 2.1 hdg	(prev pt 2 div 1 hdg) renum R5 LA
s 7	am 1979 No 30; 1982 No 70; 1983 No 66; 1986 No 88; 1991 No 43; 1992 No 48; 1999 No 69 s 5
	sub 1994 No 97
	am 2001 No 44 amdt 1.435, amdt 1.436
s 7A	ins 1994 No 97
s 7B	ins 1994 No 97
	am 1995 No 28
s 8	am 1988 No 80; 1992 No 48; 1994 No 81
s 9	am 1974 No 38; 1979 No 30; 1984 No 68; 1988 Nos 80 and 86; 1991 Nos 23 and 53; 1992 Nos 23 and 48; 1993 No 1; 1994 No 81; 1998 No 52; 2001 No 44 amdt 1.437, amdt 1.438
s 9A	ins 1988 No 80
	am 1991 No 23; 1994 No 81; 1997 No 70 s 8
s 9B	ins 1991 No 23
	om 1997 No 70 s 9
s 9C	ins 1991 No 23
	am 1994 No 81; 1997 No 70
	om 1997 No 70 s 9, s 43 sch 1
div 2.2 hdg	(prev pt 2 div 2 hdg) sub 1988 No 86
	renum R5 LA
ss 10, 11	am 1978 No 46; 1979 No 30; 1988 No 73
	sub 1988 No 86
s 12	sub 1988 No 86
	am 1997 No 96
s 13	sub 1976 No 61
	om 1988 No 86
s 13A	ins 1976 No 45
	om 1988 No 86
div 2.3 hdg	(prev pt 2 div 3 hdg) renum R5 LA
s 14	am 1974 No 7; 1984 No 68; 1988 Nos 80, 86 and 87; 1992 No 48; 1993 No 1; 1994 No 81; 1995 No 28; 1998 No 52
s 15	am 1979 No 30; 1984 No 68; 1987 No 47; 1991 No 43; 1992 No 48; 1993 No 1; 2001 No 44 amdt 1.439, amdt 1.440
s 16	am 1979 No 30; 1984 No 68; 1992 Nos 22 and 48; 1993 No 1; 1995 No 28; 2001 No 44 amdt 1.441, amdt 1.442
s 17	am 1983 No 20; 1984 No 68; 1988 No 86; 1992 No 48; 1993 No 1; 2001 No 44 amdt 1.443
ss 17A, 17B	ins 1984 No 68
	om 1988 No 86
s 18	am 1984 No 68
	sub 1986 No 88
	am 1991 No 43; 1998 No 52
s 18A	ins 1982 No 70
	sub 1988 No 86
s 19	am No 68 1984
	sub 1988 No 86
s 20	am 1987 No 47; 1988 No 86; 2001 No 44 amdt 1.444, amdt 1.445
s 21	am 1992 No 48
s 22	am 1979 No 30; 1991 No 43
s 23	am 1993 No 1
div 2.3A hdg	(prev pt 2 div 3A hdg) ins 1998 No 52
	renum R5 LA
s 23A	ins 1998 No 52
	am 2001 No 44 amdt 1.446
s 23B	ins 1998 No 52
div 2.4 hdg	(prev pt 2 div 4 hdg) sub 1991 No 43
	renum R5 LA
s 24	am 1976 No 61; 1988 No 73; 1989 Nos 38 and 50; 1991 No 23
	sub 1991 No 43
	am 1992 No 48; 1995 No 28
	sub 2001 No 44 amdt 1.447
s 24A	ins 1989 No 50
	om 1991 No 43
s 25	am 1974 No 38; 1979 No 30; 1991 No 23
	sub 1991 No 43; 2001 No 44 amdt 1.447
s 26	am 1979 No 30
	sub 1991 No 43
s 26A	ins 1976 No 45
	om 1991 No 43
s 27	am 1988 No 86
	sub 1991 No 43
	am 2001 No 30 s 7; 2001 No 44 amdt 1.448, amdt 1.449
s 28	sub 1991 No 43
	am 1994 No 60
s 29	om 1991 No 43
pt 3 hdg	am 1979 No 30
	sub 1998 No 52
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R5 LA
s 29	sub 1991 No 43
	am 1993 No 44; 1994 No 81
	sub 1998 No 52
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R5 LA
s 30	am 1988 Nos 80 and 87; 1991 No 23; 1992 No 48; 1994 No 81
	sub 1998 No 52
s 31	am 1979 No 30; 1987 No 47; 1988 No 88; 1990 No 60; 1991 Nos 43 and 118; 1992 No 48; 1996 No 85
	sub 1998 No 52
s 31A	ins 1988 No 88
	am 1989 No 38; 1990 No 60
	om 1991 No 118
s 32	am 1979 No 30; 1991 No 43; 1992 Nos 23 and 48; 1993 No 1; 1997 No 96; 1998 No 48
	sub 1998 No 52
	am 2001 No 44 amdt 1.450, amdt 1.451
s 33	am 1979 No 30; 1982 No 71; 1988 No 86; 1991 Nos 23 and 43; 1992 Nos 23 and 48; 1993 No 1; 1998 No 48
	sub 1998 No 52
div 3.3 hdg	(prev pt 3 div 3 hdg) renum R5 LA
s 33A	ins 1979 No 30
	am 1987 No 47; 1988 No 86; 1992 No 48
	sub 1998 No 52
	am 1999 No 48 s 6
s 34	am 1979 No 30; 1992 Nos 23 and 48; 1998 No 48
	sub 1998 No 52
	am 1999 No 48 s 7; 1999 No 69 s 6; 2001 No 44 amdts 1.452-1.456
s 34A	ins 1998 No 52
s 35	am 1979 No 30; 1987 No 47; 1988 No 73; 1991 No 43; 1992 No 48
	sub 1998 No 52
s 35A	ins 1998 No 52
s 36	am 1979 No 30; 1984 No 68; 1987 No 20; 1988 Nos 80 and 86; 1991 No 23; 1992 Nos 23 and 48; 1993 No 1; 1994 No 81; 1995 No 28
	sub 1998 No 52
s 36A	ins 1979 No 30
	sub 1998 No 52
div 3.4 hdg	(prev pt 3 div 4 hdg) renum R5 LA
s 37	sub 1979 No 30; 1998 No 52
s 37A	ins 1998 No 52
s 38	am No 85, 1996
	sub 1998 No 52
	am 2001 No 44 amdts 1.457-1.459
s 38A	ins 1998 No 52
	am 1999 No 48 s 16 sch; 2001 No 3 sch 1
s 39	sub 1979 No 30
	am 1983 No 20; 1984 No 68; 1988 No 86; 1991 No 43; No 48, 1992
	sub 1998 No 52
div 3.5 hdg	(prev pt 3 div 5 hdg) renum R5 LA
s 39A	ins 1998 No 52
s 40	am 1979 No 30; 1987 No 20; 1991 No 43; 1992 No 48; 1993 No 1; 1995 No 28; 1999 No 48 s 16 sch
	sub 1998 No 52
div 3.6 hdg	(prev pt 3 div 6 hdg) renum R5 LA
s 40A	ins 1998 No 52
s 41	am 1979 No 30; 1987 No 47
	sub 1998 No 52
	am 2001 No 44 amdt 1.460, amdt 1.461
s 41A	ins 1988 No 86
	sub 1998 No 52
s 42	am 1979 No 30; No 68, 1984
	om 1988 No 86
pt 3A hdg	ins 1991 No 23
	om 1997 No 70 s 11
s 42	ins 1991 No 23
	om 1997 No 70 s 11
s 42A	ins 1991 No 23
	am 1991 No 43
	om 1997 No 70 s 11
s 42B	ins 1991 No 23
	am 1994 No 81
	om 1997 No 70 s 11
ss 42C	ins 1991 No 23
	am 1999 No 48 s 16 sch
	om 1997 No 70 s 11
s 42D	ins 1991 No 23
	om 1997 No 70 s 11
s 42E	ins 1991 No 23
	am 1994 No 81
	om 1997 No 70 s 11
ss 42F-42R	ins 1991 No 23
	om 1997 No 70 s 11
s 42S	ins 1992 No 48
s 43	am 1974 No 38; 1979 No 30; 1982 No 69; 1988 Nos 80, 86 and 88; 1990 No 60; 1991 No 23; 1992 Nos 23 and 48; 1993 No 1; 1996 No 85; 1998 No 52
s 44	am 1974 No 38; 1979 No 30; 1987 No 20; 1992 No 48; 1993 No 1; 1998 No 52
s 45	am 1993 No 1
s 45A	ins 1982 No 69
	am 1998 No 52
s 46	sub 1974 No 38
	am 1979 No 30; 1982 No 69; 1984 No 68; 1987 No 20; 1988 Nos 80, 86 and 88; 1990 No 60; 1991 No 23; 1992 Nos 23 and 48; 1993 No 1; 1996 No 85; 1997 No 70 s 12
s 47	am 1984 No 68; 1988 No 88
	om 1988 No 86
ss 48-50	om 1988 No 86
s 51	am 1982 No 69
	sub 1988 No 87
	am 1994 No 81
pt 4A hdg	ins 1988 No 80
	sub 1991 No 23
	am 1997 No 70 s 13
pt 4A div 1 hdg	ins 1991 No 23
	om 1997 No 70 s 14
ss 51A-51C	ins 1988 No 80
	am 1989 No 38
ss 51D, 51E	ins 1988 No 80
s 51F	ins 1988 No 80
	am 1989 No 38
s 51H	ins 1988 No 80
	am 1989 No 38; 1994 No 81
pt 4A div 2 hdg	ins 1991 No 23
	om 1997 No 70 s 15
ss 51J, 51K	ins 1991 No 23
	am 1994 No 81
	om 1997 No 70 s 15
ss 51L, 51M	ins 1991 No 23
	am 1997 No 70 s 43 sch 1
	om 1997 No 70 s 15
s 51N	ins 1991 No 23
	am 1994 No 81
	om 1997 No 70 s 15
s 51P	ins 1991 No 23
	om 1997 No 70 s 15
s 52	am 1979 No 30; 1999 No 48 s 8
s 53	am 1979 No 30; 1984 No 68; 1987 No 20; 1988 Nos 31 and 87; 1991 No 43; 1992 Nos 23 and 48; 1993 No 1; 1994 No 81; 1998 No 52; 1999 No 48 s 16 sch; 2000 No 66 sch 1 pt 1; 2000 No 69 s 31; 2001 No 44 amdt 1.462,  amdt 1.463
s 53AA	ins 1995 No 28
	am 1999 No 48 s 16 sch
s 53AB	ins 1999 No 48 s 9
	am 2001 No 44 amdts 1.464-1.466
s 53A	ins 1987 No 20
	am 1988 No 80; 1994 No 81
	om 1998 No 52
ss 53B, 53C	ins 1987 No 20
	om 1988 No 73
s 54	am 1988 Nos 73 and 80; 1994 No 81
	sub 1999 No 48 s 10
s 54A	ins 1979 No 30
	am 1988 Nos 80 and 86; 1992 No 48; 1994 No 81; 1999 No 48 s 11
s 54B	ins 1999 No 48 s 12
s 55	am 1979 No 30; 1988 No 87; 1992 No 48; 1994 No 81; 1999 No 48 s 13
s 56	am 1992 Nos 23 and 48
s 57	sub 1979 No 30
	am 1988 No 80; 1994 No 81; 1999 No 48 s 14
s 58	sub 1979 No 30
	am 1988 No 80; 1994 No 81
pt 5A hdg	ins 1988 No 73
s 58A	ins 1988 No 73
	am 1991 No 43; 1995 No 28; Nos 48 and 52, 1998
s 58AA	ins 1995 No 28
s 58B	ins 1988 No 73
	am 1989 No 38; 1991 No 43; No 38, 1994; 1995 No 28; 1998 No 52
s 58C	ins 1988 No 73
	am 1995 No 28; 1999 No 48 s 16 sch
s 58D	ins 1988 No 73
s 58E	ins 1988 No 73
	am 1995 No 28; 1998 No 52; 1999 No 48 s 16 sch
s 58F	ins 1988 No 73
s 58G	ins 1988 No 73
	am 1994 No 81; 1995 No 28
s 59	am 1992 No 48
s 59A	ins 1988 No 73
	am 1991 No 23; 1994 No 81
s 60	am 1982 No 70
	sub 1988 No 86 (as am 1989 No 38)
	am 1991 No 23; No 60, 1994; 1995 No 28; 1996 No 85; 1998 No 52; 1999 No 48 s 15 and s 16 sch; 1997 No 70 s 16
s 60A	ins 1979 No 30
	om 1988 No 86
s 61	om 1988 No 86
ss 61A, 61B	ins 1988 No 73
	am 1989 No 38
	om 1988 No 86
s 62	am 1974 No 38; 1988 No 86; 1992 Nos 23 and 48; 1993 No 1; 1998 No 52
s 63	am 1974 No 38; 1979 No 30; 1988 No 86; 1991 Nos 23 and 43; 1992 No 48; 1998 No 52; 1999 No 48 s 16 sch
s 63A	ins 1983 No 66
	am 1989 No 38; 1992 No 48
s 63B	ins 1988 No 73
	am 2001 No 44 amdt 1.467
s 64	am 1983 No 20; 1997 No 62
	sub 2001 No 44 amdt 1.468
s 65	om 1979 No 30
	ins 1983 No 20
	am 1999 No 69 s 7
	sub 2001 No 44 amdt 1.468
s 66	om 1979 No 30
	ins 2001 No 44 amdt 1.468
s 67	am 1989 No 38
	sub 1995 No 28
	om 2001 No 44 amdt 1.468
sch	om 1998 No 52

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Republication No	Amendments to	Republication date	
1	Act 1991 No 53	2 October 1991	
2	Act 1993 No 1	30 April 1993	
3	Act 1994 No 97	31 January 1995	
4	Act 2000 No 36	30 September 2000	
5	Act 2001 No 44	31 August 2001	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001