Australian Capital Territory Numbered Acts

BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 77

    (1)     A person commits an offence if—

        (a)     the person occupies or uses, or allows someone else to occupy or use, a building or part of a building—

              (i)     for a building in relation to the erection or alteration of which plans have been approved under this Act—as a building or part of a building of a class other than the class stated in the plans approved in relation to the most recent building work that has been carried out in relation to the building; or

              (ii)     for a building in relation to the erection or alteration of which plans have been approved only under the repealed laws—for a purpose other than that stated in the plans and specifications approved in relation to the most recent building work that has been carried out in relation to the building; and

        (b)     the construction occupations registrar has not given written approval for the occupation and use.

Maximum penalty: 50 penalty units.

    (2)     An offence against subsection (1) is a strict liability offence.

    (3)     The construction occupations registrar must, on written application, give his or her written approval for the occupation and use of a building or part of a building as a building or a part of a building of a class stated in the application if the construction occupations registrar is satisfied that a reasonable certifier would, under this Act, approve the plans for the erection of the building or part if—

        (a)     the building or part had not been erected and the certifier were then and there considering the plans; and

        (b)     the plans required the building or part to be of the same class as that stated in the application.

    (4)     If a parcel of land is held under a lease from the Commonwealth, an approval given by the construction occupations registrar under subsection (3) in relation to the parcel of land does not authorise—

        (a)     the use of the parcel for a purpose other than the purpose for which the lease was granted; or

        (b)     the use of the parcel of land contrary to a provision, covenant or condition of the lease.

    (5)     In this section:

"building" does not include a building for which a certificate of regularisation has been issued.