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Building Legislation Changes
The Building Act 2011 provides flexibility and choice for both builders and consumers when making an application. The Act separates the process of certifying that a design complies with building standards from the administrative process of the local government issuing building approval (Building Permit).
A Certificate of Design Compliance is issued by a registered Building Surveyor (in private practice or local government) to confirm certification, and a Building Permit is issued by the local government Permit Authority to confirm approval to build.
For all classes of building the builder must submit a notice of completion within 7 days of finishing the work under a permit. This notice establishes the end date of the Building Permit for compliance and record keeping purposes, and signifies the point from which the builder has fulfilled his obligations regarding compliance with the Building Act 2011.
A notice of completion does not affect contractual matters such as the contents or timing of a notice of practical completion or any requirements to make good any defects to a building before a final certificate is issued.
How does that affect me?
If you are applying for a Building Permit, then you will need to make one of the following types of application to the local government / Permit Authority.
• Uncertified, or
What is the difference between Uncertified and Certified applications?
An uncertified application process is where you lodge all of the documentation with the local government to have it assessed for compliance with the Building Code of Australia. If compliant the local government will issue you with a "Certificate of Design Compliance" then the local government / or the Permit Authority will issue a Building Permit which will permit you to commence building.
A Certified application process is different in that as the owner or applicant you can choose to have your plans and other documents certified by a registered Building Surveyor, who if satisfied that your documents comply with the Building Code of Australia will issue you with a "Certificate of Design Compliance". As the applicant you can use that certificate (Certificate of Design Compliance) to apply for a Building Permit from your Permit Authority (local government) which when issued will allow you to commence building.
What are my responsibilities as the applicant?
As the applicant you are responsible to ensure that ALL relevant approvals are in place before the application is made for a Building Permit. This may include such approvals as, Planning, Water Corp, Health Department etc.
Who is a Registered Building Surveyor?
A Registered Building Surveyor is a person who has been accredited as a Building Practitioner by the Building Commission. A register of building practitioners can be located on the Building Commission website.
As a builder what are my responsibilities?
As the builder you are responsible to;
• Ensure that you build your building in accordance with the approved Building Permit ,
• Ensure that any inspections noted on the Certificate of Design Compliance have been carried out by the person nominated or a competent person,
• Provide notification to the Permit Authority (the local government) within seven (7) days of completion of the building works being undertaken by the Building Permit issued.
Can I be an owner builder?
Approval to be an owner builder is to be obtained through the Building Commission. Under the Building Services (Registration) Act 2011, owner-builders will require approval from the new Building Services Board before they can apply for a Building Permit from a local government/ Permit Authority.
An owner-builder will be permitted to take out a building permit once every six years and this restricts an owner-builder from selling within three years under the new legislation.
Where can I get the forms?
All forms required to be used under the Act are located on the Building Commission website and the City's website. It is important to note that only the forms approved by the Building Commission can be used.
Other frequently asked questions relating to more detail aspects of the Building Act 2011 can be found on the Building Commission website.
This item was last updated on 4 July 2012
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