Australian Capital Territory Numbered Acts

BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 37

    (1)     This section applies if—

        (a)     a building approval has been issued for building work; and

        (b)     under the Construction Occupations (Licensing) Act 2004 , any of the work must be done by a licensed builder; and

        (c)     a licensed builder has been engaged to do the work.

    (2)     The licensed builder may apply, in writing signed by the owner of the parcel of land where the building work is to be done, to a certifier for a commencement notice for the work or part of it.

Note 1     The ordinary rules of agency apply in relation to an application under this section.

Note 2     If a form is approved under s 151 for an application, the form must be used.

    (3)     If the application is for residential building work, the application must be accompanied by—

        (a)     a residential building insurance policy for the work; or

        (b)     a certificate issued by an approved insurer stating that the insurer has insured the work under a residential building insurance policy; or

        (c)     a fidelity certificate for the work issued by the trustees of a scheme approved under division 6.4 (Approved fidelity fund schemes).

    (4)     On receiving the application, the certifier must issue a building commencement notice for the building work if satisfied on reasonable grounds that the builder's licence authorises the work in the building approval.

Note 1     ‘Under' includes ‘in accordance with' (see Legislation Act, dict, pt 1, def under ), so an application must comply with this section before it can be approved.

Note 2     If a form is approved under s 151 for a notice, the form must be used.

    (5)     If a certifier issues a building commencement notice, the certifier must give a copy of it to the construction occupations registrar within 1 week after the day of its issue,

    (6)     In this section:

"approved insurer" means an authorised insurer who—

        (a)     has had a form of residential building insurance policy approved by the construction occupations registrar; and

        (b)     has not given to the registrar a notice under section 95 (Duties of insurers).

"residential building work"—see section 84.