A Guide to the New - Building Commission

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The Building Commission will prescribe the format that this information is delivered to the Building Commissioner. For more information, please see the Local Government Manual. Use of Building Commission Forms Many of the forms that are set out in the Building Act 2011, are to be standard, and will be downloadable from the Building Commission website. Permit Authorities will not be able to change the fields that are set out within these standard forms. However, the fields can be transposed into a permit authority‗s systems. Delegations - s127 A Special Permit Authority or a Local Government can delegate any of its powers or duties as a permit authority to only a person employed by the Special Permit Authority or a Local Government (under the Local Government Act 1995 – section 5.36). They cannot delegate their power to the private sector. The delegation must be in writing, executed by, or on behalf of, the Special Permit Authority or Local Government. The person that has the delegated power cannot delegate those powers to someone else. 40
Enforcement - Part 8 Permit authorities have the necessary powers to ensure work complies with a building or demolition permit that buildings are used in accordance with an occupancy permit and that buildings comply with building codes and standards. The local government may take enforcement action when a building is built, or demolished without a building or demolition permit. A permit authority that issued the permit may take enforcement action if building work: contravenes a building, demolition or occupancy permit; is unfit for use or occupancy; is a danger to occupants or adjoining owners; or is used in contravention of the Act or regulations. Authorised Persons - s96 Authorised persons carry out enforcement functions for permit authorities. Authorised persons may have significant powers to enter buildings and obtain evidence and therefore are limited to being employees of the relevant permit authority. The authorised person must carry an identity card that has been issued by the permit authority and display it, or have it available, when carrying out enforcement duties. Enforcement Powers - s100 to s105 An authorised person has the powers to: enter a building (at the consent of the owner/occupier or with an entry warrant); inspect a building and take evidence, giving a receipt of any object taken from the premises; evacuate a dangerous building or direct someone from a dangerous place, or give directions generally; obtain information; and use force or assistance. Entry Warrant - s106 to s109 An authorised person can obtain an entry warrant form a Justice of the Peace, and the warrant must be executed by any authorised person. 41
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 36 and 37: Application for Occupancy Permits O
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 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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