Australian Capital Territory Numbered Acts

BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 43

    (1)     The regulations may prescribe stages of building work.

    (2)     A building licensee in charge of building work must not proceed with any building work above dampcourse level unless—

        (a)     the certifier has received—

              (i)     a plan (a survey plan ) signed by a registered surveyor stating the position of the building in relation to the boundaries of the parcel of land where the building is to be erected and stating the level that the floor or floors of the building will have in relation to a level stated in the approved plans; or

              (ii)     another document prescribed under the regulations; and

        (b)     the certifier is satisfied that the position of the building and the level of the floor or floors are in accordance with—

              (i)     the approved plans; and

              (ii)     the conditions to which any consent or approval mentioned in section 27 (1) (b) is subject.

Maximum penalty: 50 penalty units.

    (3)     A building licensee in charge of building work that has reached a stage must not proceed with building work beyond the stage unless—

        (a)     the licensee has given to the certifier notice that the stage has been reached; and

        (b)     the certifier has inspected the building work and given written permission for the work to proceed.

Maximum penalty: 50 penalty units.

    (4)     If a building licensee in charge of building work is required under section 44 (5) to conduct a test, the licensee must, as soon as practicable after the test is completed, give the person who made the requirement the written results of the test.

    (5)     An offence against this section is a strict liability offence.