Australian Capital Territory Numbered Acts

BUILDING ACT 2004 (NO. 11 OF 2004)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--IMPORTANT CONCEPTS

   6.      Meaning of building work  
   7.      Meaning of building  
   8.      Meaning of structure  
   9.      Meaning of specialist building work  
   10.     Meaning of basic building work  
   11.     Act does not affect other ACT laws  
   12.     Exempt buildings  
   13.     Certain buildings excluded from Act  
   14.     Temporary exemptions for buildings  

   PART 3--BUILDING WORK

           Division 3.1--Preliminary

   15.     Building work to which pt 3 does not apply  
   16.     Meaning of stage in pt 3  

           Division 3.2--Certifiers and government certifiers

   17.     Definitions for div 3.2  
   18.     Eligibility for appointment—certifiers and government certifiers  
   19.     Appointment of certifiers  
   20.     Appointment of government certifiers  
   21.     Power to require building documents  
   22.     Protection of government certifiers from liability  
   23.     Entitlement to act as certifier  
   24.     Notice of certifier's appointment or end of appointment  
   25.     Prohibition against contracting out of pt 3  

           Division 3.3--Building approvals

   26.     Building approval applications  
   27.     Certifier not to consider certain applications  
   28.     Issue of building approvals  
   29.     Approval requirements  
   30.     External design, siting and building material considerations  
   31.     Application for amendment of approved plans  
   32.     Amendment of approved plans  
   33.     Marking approval of amendment  
   34.     Effect of issue of further building approval  
   35.     Land to be used in accordance with lease  
   36.     Period for which approvals operate  

           Division 3.4--Building commencement notices

   37.     Building commencement notice issue  
   38.     Automatic end of building commencement notices  
   39.     Application for cancellation of building commencement notice  
   40.     Decision on building commencement notice application  
   41.     Multiple or part building commencement notice  

           Division 3.5--Carrying out building work

   42.     Requirements for carrying out building work  
   43.     Stages of building work  
   44.     Stage inspections  
   45.     Records of tests  
   46.     Safety precaution directions  

           Division 3.6--Completion of building work

   47.     Structural engineer's certificate  
   48.     Completion of building work  

           Division 3.7--Offences

   49.     Complying with building code  
   50.     Notification by certifier of contraventions of Act  
   51.     Carrying out building work in contravention of s 42  

   PART 4--STOP AND DEMOLITION NOTICES

   52.     Meaning of easement for pt 4  
   53.     Stop notices  
   54.     Building work allowed under stop notice  
   55.     Application by land owner for cancellation of stop notice  
   56.     Application other than by land owner for cancellation of stop notice  
   57.     Decision on application by other than land owner  
   58.     Further notices relating to stop notices  
   59.     Service of stop notices and further notices  
   60.     Notice to produce survey plan etc  
   61.     Preconditions for s 62 notice  
   62.     Notice to carry out building work  
   63.     Payment of fees otherwise payable  
   64.     Compliance with notices under pt 4  

   PART 5--BUILDING OCCUPANCY

           Division 5.1--Certificates of occupancy and other certificates

   65.     Building work to which pt 5 does not apply  
   66.     Meaning of prescribed requirements for div 5.1  
   67.     Registrar may have regard to documents given  
   68.     Effect of certificates under div 5.1  
   69.     Certificates of occupancy  
   70.     Cancellation of part certificate of occupancy  
   71.     Certificate for building work involving demolition  
   72.     Certificate for building work involving erection of structure  
   73.     Certificates of occupancy and use for owner-builders  
   74.     Government buildings—application for fitness certificate  
   75.     Decision on s 74 application  
   76.     Occupation and use of buildings  
   77.     Use of buildings restricted  
   78.     Occupation and use of ex-government buildings  
   79.     Action by registrar on unauthorised use of premises  
   80.     Copies of certificates of occupancy and regularisation  
   81.     Safe live load plates  
   82.     Exceeding safe live load  

   PART 6--RESIDENTIAL BUILDINGS--STATUTORY WARRANTIES, INSURANCE AND FIDELITY CERTIFICATES

           Division 6.1--Application and interpretation of pt 6

   83.     Building work to which pt 6 does not apply  
   84.     Definitions for pt 6  
   85.     Meaning of completion day for pt 6  
   86.     Cost of building work for pt 6  

           Division 6.2--Statutory warranties

   87.     Residential building work to which pt 6 does not apply  
   88.     Statutory warranties  
   89.     Builder's liability  

           Division 6.3--Residential building insurance

   90.     Complying residential building work insurance  
   91.     Provisions of residential building insurance policies  
   92.     Builder's misrepresentation etc does not prevent liability  
   93.     Claims if builder insolvent and work unfinished  
   94.     Recovery from builder  
   95.     Duties of insurers  

           Division 6.4--Approved fidelity fund schemes

   96.     Approval of fidelity fund schemes  
   97.     Additional information for approval of scheme etc  
   98.     Authority may require changes to scheme  
   99.     Approval criteria for schemes  
   100.    Approval of scheme may be conditional  
   101.    Application for changes to approved scheme  
   102.    Approval of changes to approved scheme  
   103.    Prudential standards  
   104.    Compliance with prudential standards by trustees  
   105.    Notice to trustees to comply with prudential standards  
   106.    Notice to trustees requiring information  
   107.    Suspension or cancellation of approval of approved scheme  
   108.    Cancellation of approval on application  
   109.    Orders consequential on etc suspension or cancellation  
   110.    Address for service for trustees  

           Division 6.5--Auditors and actuaries of approved schemes

   111.    Appointment of auditor and actuary for approved scheme  
   112.    Approval of appointment of auditor or actuary  
   113.    Revocation of approval of appointment of auditor or actuary  
   114.    When person stops holding appointment as auditor or actuary  
   115.    Notification of appointment or ending of appointment of auditor or  
   116.    Compliance with prudential standards by auditors and actuaries  
   117.    Auditor and actuary to tell authority if scheme insolvent etc  
   118.    Giving of information to authority by auditor or actuary etc  
   119.    Auditor's role  
   120.    Actuary's role  
   121.    Certificates and reports required to be given to authority  
   122.    Special actuary to investigate liabilities  
   123.    Objection to special actuary by authority  
   124.    Special actuary's report  
   125.    Who can be appointed as special actuary  
   126.    Obligations of trustees to auditors and actuaries  
   127.    Protection of auditor and actuary from liability  

   PART 7--ADMINISTRATION

           Division 7.1--Building inspectors

   128.    Appointment of building inspectors  
   129.    Identity cards  
   130.    Inspection of approved building work  
   131.    Inspection of building work where no approval  
   132.    Costs of inspection  
   133.    Power to authorise required work  
   134.    Building inspector  
   135.    Obstructing building inspector  

   PART 8--BUILDING CODE

   136.    Building code  
   137.    Publication of building code etc in newspaper  
   138.    Inspection of building code  
   139.    Certified copies of building code  

   PART 9--LIMITATION OF LIABILITY

   140.    Meaning of building action for pt 9  
   141.    Limit of liability of people jointly or severally liable  
   142.    Limitation of liability for building actions  

   PART 10--MISCELLANEOUS

   143.    Sustainability guidelines  
   144.    Service of notices etc  
   145.    Giving copies of documents  
   146.    Review by administrative appeals tribunal  
   147.    Recovery of costs of work carried out by inspector  
   148.    Evidentiary certificates  
   149.    Legal liability for acts of registrar etc  
   150.    Determination of fees  
   151.    Approved forms  
   152.    Regulation-making power  

   PART 11--TRANSITIONAL

   153.    Definitions for pt 11  
   154.    Things required to be given to building controller or deputy  
   155.    Application of Act to Territory building work contracted before 1 July  
   156.    Exempt buildings  
   157.    Certifiers  
   158.    Application to building work whenever happening  
   159.    Application to contraventions of Act whenever happening  
   160.    Requirements to do things by times  
   161.    Canberra Sewerage and Water Supply Regulations  
   162.    Government buildings—application for fitness certificate  
   163.    Occupation and use of buildings  
   164.    Meaning of builder for pt 6  
   165.    Building inspectors and identity cards  
   166.    Approved scheme  
   167.    Existing auditors and actuaries  
   168.    Application for approval of appointment  
   169.    Giving information under s 118  
   170.    Inspection powers  
   171.    Previously authorised required work  
   172.    Australian Capital Territory Appendix to the Building Code of  
   173.    Meaning of building work for pt 9  
   174.    Limitation of liability for building actions  
   175.    Evidentiary certificates—s 148 (1) (c)  
   176.    Evidentiary certificates—s 148 (1) (f)  
   177.    Building Regulations 2004  
   178.    Building (Bushfire Emergency) Regulations 2004  
   179.    Regulations modifying pt 11  
   180.    Expiry of pt 11  

   PART 12--REPEALS

   181.    Legislation repealed  
           SCHEDULE 1
           SCHEDULE 2
           DICTIONARY
           ENDNOTES