Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 179
insert
In this Part:
"commencement day" means the day on which the Building Legislation Amendment Act 2010 commences.
"repealed", in relation to a specified provision, means that provision as in force immediately before the commencement day.
"substituted", in relation to a specified provision, means that provision as in force on the commencement day.
Part 8, Division 3A applies in relation to an application for an exemption certificate even if the prescribed event specified in the application occurred before the commencement day.
(1) This section applies if, before the commencement day:
(a) prescribed building work to which repealed section 48C(1) applied had been completed by a director or nominee of a corporation (the responsible builder ); and
(b) the declaration mentioned in that subsection had not been given to the building certifier under repealed regulation 20A(5) of the Building Regulations .
(2) Substituted section 48C, other than subsection (4) of that section, applies in relation to the declaration relating to the prescribed building work.
(3) If the responsible builder ceased to be a director or nominee of the corporation after completing the prescribed work, the corporation must follow the procedures specified in substituted section 48CA as if a prescribed event had occurred.
(4) For this section, a responsible builder had completed prescribed building work if he or she had completely ceased to carry out the building work specified in the contract entered into under section 48B, regardless of whether the work was fully or partially completed.
(5) This section does not affect the liability of the responsible builder for an offence against repealed section 48C(1), repealed regulation 20A(5) of the Building Regulations or substituted section 48C(2) or (3).
(1) This section applies if, before the commencement day:
(a) building work to which repealed section 48G applied had been completed by the owner-builder; and
(b) the declaration mentioned in that section had not been given to the building certifier under repealed regulation 20A(5) of the Building Regulations .
(2) For subsection (1), an owner-builder had completed building work specified in a building permit if he or she had completely ceased to carry out the building work, regardless of whether the work was fully or partially completed.
(3) Substituted section 48G applies in relation to the declaration relating to the building work.
(4) However, subsections (5) to (7) apply if the owner-builder (the original builder ):
(a) ceased to carry out the building work after partially completing the work; and
(b) before the commencement day, had transferred his or her interest in the land on which the building work is situated to another person (the new owner ).
(5) If the new owner intends to continue carrying out the building work as an owner-builder, the new owner must, as soon as practicable after the commencement day:
(a) satisfy himself or herself that the building work completed by the original builder was carried out in accordance with the building permit granted for the work; and
(b) make a declaration mentioned in section 69(1) relating to the building work completed by the original builder; and
(c) include in the declaration details about the way in which the new owner has satisfied himself or herself for paragraph (a); and
(d) give the declaration to the building certifier who granted the building permit for the building work.
Penalty $1 000.
(6) For subsection (5)(a), the new owner must:
(a) take all the steps necessary and using proper care and diligence, which may include engaging suitably qualified and experienced persons to inspect and give reports about the building work; and
(b) ensure other prescribed certification required for the building work completed by the original builder has been obtained.
(7) If a person other than the new owner is to continue the building work, the new owner must apply for an exemption certificate for the building work completed by the original builder as if the reason the original builder had not made the declaration were the occurrence of a prescribed event.