Western Australian Current Acts

BUILDING ACT 2011 - SECT 41

41 .         Certain buildings not to be occupied or used without an occupancy permit

        (1)         In this section —

        temporary permit means an occupancy permit granted on an application mentioned in section 47.

        (2)         An owner or occupier of a completed building must not occupy or use, or permit the occupation or use of, the building unless —

            (a)         an occupancy permit, other than a temporary permit, is in effect for the building; or

            (b)         a temporary permit for the building has effect for a period after the completion of the building and the occupation or use of the building is during that period; or

            (c)         an occupancy permit is not required for the building under Part 5 or regulations or an order mentioned in Part 5 Division 1.

        Penalty:

            (a)         for a first offence, a fine of $50 000;

            (b)         for a second offence, a fine of $75 000;

            (c)         for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months.

        (3)         An owner or occupier of an incomplete building must not occupy or use, or permit the occupation or use of, the building unless —

            (a)         a temporary permit is in effect for the building; or

            (b)         an occupancy permit is not required for the building under Part 5 or regulations or an order mentioned in Part 5 Division 1.

        Penalty:

            (a)         for a first offence, a fine of $50 000;

            (b)         for a second offence, a fine of $75 000;

            (c)         for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months.