A Guide to the New - Building Commission

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Building Orders - s110 to s118 Building Orders (a standard form from the Building Commission) can be used to require someone to: stop suspected unauthorised building or demolition work; remove a suspected unauthorised building or incidental structure; do new building or demolition work to prevent or stop unauthorised work or an unauthorised building or incidental structure; evacuate a building that has been built or occupied without authorisation; take action to prevent breaching this Bill; provide an appropriate finish on a close wall; or deal with a dangerous building or incidental structure. The issuing person or permit authority must give 14 days‘ notice of a proposed building order and why it is to be served. A response can be submitted to the issuer and the response must be taken into account before the building order comes into effect. The building order can be issued for a limited time, and once the order has been complied with, the person must notify the issuer. A building order cannot be issued when: the building has a valid occupancy permit or building approval certificate; an application has been made for an occupancy permit or building approval certificate and the application is still under consideration; an application for an occupancy permit or building approval certificate has been refused but the period for application for a review has not expired; or an application for review has been made and the SAT is still considering the review. 42
Legal Proceedings - Part 12 Permit authorities and local governments will be the only entities that will be able to prosecute offences. There is a 6 year limit to prosecute for: no building permit; no demolition permit; building work not in compliance with a building permit; demolition work not in compliance with a demolition permit; building work not in compliance with applicable standards; buildings not in compliance with applicable standards; demolition work not in compliance with applicable standards whether done by a demolition contractor or by an owner; unauthorised building encroachments; adversely affected land without consent or court order; unauthorised protection works or failing to notify the affected owner or the permit authority; unauthorised works affecting a party wall, substantial dividing fence or boundary retaining wall; or failing to provide the requisite notification to the affected owner (79(2)(a)) or the permit authority. For any other offence, the time limit is 3 years. 43
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 44 and 45: The Building Commission will prescr
Page 48: Transitional Arrangements - Part 16

A Guide to the New - Building Commission

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