Australian Capital Territory
Building (Fees) Determination 2010 (No 1)
Disallowable Instrument DI2010-121
made under the
Building Act 2004, s 150 (Determination of fees)

1.	Name of Instrument
This instrument is the Building (Fees) Determination 2010 (No1).

2.	Commencement
This instrument commences on 1 July 2010.

3.	Determination of fees
The fees set out in Column 4 of the schedule are determined.

This determination does not apply to the lodging with the Authority, under the Building Act 2004, section 28(2) (Issue of building approvals), of a copy of plans relating to:
(a)	a parcel of land on which a building or structure was destroyed or damaged by fire, or in the course of fighting fire, associated with the bushfire emergency that began on 18 January 2003 and ended on 28 January 2003; and
(b)	the erection or alteration of a building or structure that:
(i)	replaces a building or structure of the same kind that was located on the land immediately before the beginning of the bushfire emergency and was damaged during the bushfire emergency; and 
(ii)	would not result in an increase in the number of dwellings on the land.

This determination:
(a)	does not apply if, at the time the plans are lodged, the person who was the lessee of the land at the beginning of the bushfire emergency is no longer the lessee of the land; but 
(b)	if before the beginning of the bushfire emergency, a person had entered into an agreement with the lessee of the land giving the person a right to the transfer of the lease, but no transfer had been registered under the Land Titles Act 1925 in accordance with the agreement, the person is taken to be the lessee of the land at the beginning of the emergency.

4.	Payment of fees
The determined fees are payable to the ACT Government by a person requesting the goods or services described in the attached Schedule.

5.	Revocation
DI 2009 - 138 notified on the legislation register on 30 June 2009 is revoked.

Andrew Barr MLA
Minister for Planning
11 June 2010

Relevant Section for which a fee is payable

(1)	Description of Matter for which fee is payable

(2)	Fee Payable GST Exempt
$
2009-10

(3)	Fee Payable GST Exempt
$
2010-11

(4)	
				
Section 20	Government building certification: 			
	Single dwelling	517.65
	536.00
	
	Multi unit dwelling – per unit	388.25
	402.00
	
	Commercial 	0.5% of the value of the outstanding work	0.5% of the value of the outstanding work	
	Government certifier reinspection of non-complying work – per inspection	80.35
	83.20
	
Section 28	Building Levy – applies to all Building approvals issued by a Private certifier (including electrical) where the cost of works is:			
	$0 to $10,240
	79.60	82.40	
	$10,241 to $20,000	79.60 plus 0.72% of the amount in excess of 10,240	82.40 plus 0.745% of the amount in excess of 10,240	
	$20,001 to $150,000	154.65 plus 0.56% of the amount in excess of 20,000	155.00 plus 0.600% of the amount in excess of 20,000	

	$150,001 to $250,000	964.25 plus 0.53% of the amount in excess of 150,000	935.00 plus 0.600% of the amount in excess of 150,000	
	$250,001 to $500,000	1,525.95 plus 0.46% of the amount in excess of 250,000	1,535.00 plus 0.560% of the amount in excess of 250,000	
	$500,001 to $1,000,000	2,771.65 plus 0.40% of the amount in excess of 500,000	2,935.00 plus 0.400% of the amount in excess of 500,000	
	$1,000,001 to $10,000,000	4,844.60 plus 0.24% of the amount in excess of 1,000,000	4,935.00 plus 0.255% of the amount in excess of 1,000,000	
	More than $10,000,000	27,388.80 plus 0.11% of the amount in excess of 10,000,000	27,885.00 plus 0.120% of the amount in excess of 10,000,000	
Section 28A	Building re-registration of work that has not been completed within the statutory time frame	50% of the calculated building levy for the value of work (or minimum 79.60) at the time of registration with the Authority	50% of the calculated building levy for the value of work (or minimum 82.40) at the time of registration with the Authority	
Section 32	Registration of amended plans to already registered building plans	16.60	17.20	
Section 32	Registration of detailed plans to already registered building plans	16.60	17.20	
Section 53	Lifting stop notices
	97.05*
*Includes GST	91.30	

Section 74	
Certificate of Regularisation – A certificate of regularisation authorises the continuing occupancy of a building that was constructed by the Commonwealth or ACT Government without requiring approval or a certificate of occupancy under section 69 of the Act and has now been sold, or is to be sold. The amount depends on the value of the work and is the same as that determined as payable for a certificate of occupancy where the cost of works is:			
	$0 to $10,240
	79.60	82.40	
	$10,241 to $20,000	79.60 plus 0.73% of the amount in excess of 10,240	82.40 plus 0.745% of the amount in excess of 10,240	
	$20,001 to $150,000	154.65 plus 0.58% of the amount in excess of 20,000	155.00 plus 0.600% of the amount in excess of 20,000	
	$150,001 to $250,000	964.25 plus 0.53% of the amount in excess of 150,000	935.00 plus 0.600% of the amount in excess of 150,000	
	$250,001 to $500,000	1,525.95 plus 0.46% of the amount in excess of 250,000	1,535.00 plus 0.560% of the amount in excess of 250,000	
				
	$500,001 to $1,000,000	2,771.65 plus 0.40% of the amount in excess of 500,000	2,935.00 plus 0.40% of the amount in excess of 500,000	
	$1,000,001 to $10,000,000	4,844.60 plus 0.24% of the amount in excess of 1,000,000	4,935.00 plus 0.255% of the amount in excess of 1,000,000	
	More than $10,000,000	27,388.95 plus 0.11% of the amount in excess of 10,000,000	27,885.00 plus 0.120% of the amount in excess of 10,000,000	
Section 74	Certificate of Regularisation – Commissioner of Housing (per instance)
	215.70	223.00	
	Certificate of ‘Confirmation of Building Approval Exemption’ to existing construction. Retrieval of building file and filing of certificate			
	Per individual certificates	N/a	17.20	
	Per book of 10 certificates	N/a	165.00