A Guide to the New - Building Commission

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Application for Occupancy Permits Occupancy Permits - s40 to s65 Under the Building Act 2011 it is an offence to occupy a building without a valid occupancy permit. The permit confirms that the building is safe to occupy and that it meets all relevant building regulations and standards. The owner of the building is responsible for ensuring that the occupancy permit is complied with. Occupancy permits can include requirements for ongoing use of the building including specifying the maintenance, testing and inspection of equipment, machinery and systems in the buildings. In addition regulations may require mandatory testing, maintenance or other requirements dealing with health, safety, amenity and sustainability of a building. Building Approval Certificates - s46 to s65 Building Approval Certificates are available for single residential and non habitable buildings and incidental structures where an occupancy permit is not required. Building Approval Certificates are not mandatory, but can be used to confirm the status of a building for a legal, insurance or any other reason. Certificate of Construction Compliance - s56 A certificate of construction compliance accompanies an application for a permanent occupancy permit for new Class 2–9 buildings. It can also accompany an application for a building approval certificate for new Class 1 and 10 buildings. A building with a certificate of design compliance will need a certificate of construction compliance when applying for an occupancy permit unless strata titling is needed. The certificate of construction compliance confirms that the construction has been completed in accordance with the certificate of design compliance (that accompanies a building permit) including that all tests and inspections have been undertaken. Certificate of Building Compliance - s57 When submitting an application for an occupancy permit or building approval certificate when the building doesn‘t have a current certificate of design compliance, a certificate of building compliance must accompany it. This certificate of building compliance confirms that the building or structure complies with the regulations that were or are pertinent to it. The certificate of building compliance can be used for a wide range of circumstances, as is outlined in Table 3. It should be noted that an unoccupied new building requiring strata titling would require a certificate of building compliance, not a certificate of construction compliance. 32
Strata Applications – s50 When applying to register a strata scheme, or a plan of re-subdivision, the process requires lodging an occupancy permit application, or building approval certificate application, depending on the circumstances as set out in Table 3. This new process will replace the old ‗Form 7‘ that was available from Landgate. The application must include a certificate of building compliance, certified by a registered building surveyor. An occupancy permit or building approval certificate will confirm to Landgate that the building complies with the relevant building approvals, including where appropriate, those relating to strata titling or re-subdivision. 33
Page 1: The New Building Approvals System A
Page 4 and 5: Notice of Cessation - s34 .........
Page 6 and 7: Occupancy Requirements The Building
Page 8 and 9: Building Permit - No building work
Page 10 and 11: Certificate of Building Compliance
Page 12 and 13: Local Government Permit Authorities
Page 14 and 15: Timeframes Timeframes are a new par
Page 16 and 17: Building Permit Approvals Process -
Page 18 and 19: Permits and Certificates The permit
Page 20 and 21: If a decision is not made in time,
Page 22 and 23: Building Permit Application: Certif
Page 24 and 25: Section 20 Building Permit Applicat
Page 32 and 33: 1(c) 1(d) 1(e) 1(f) 1(g)(h) 1(i) 1(
Page 34 and 35: Decision Not to Grant a Building Pe
Page 38 and 39: Notices Notice of Decision Not to G
Page 40 and 41: Notice of Work Affecting Other Land
Page 42 and 43: Mandatory Inspections The building
Page 44 and 45: The Building Commission will prescr
Page 46 and 47: Building Orders - s110 to s118 Buil
Page 48: Transitional Arrangements - Part 16

A Guide to the New - Building Commission

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