BUILDING ACT 2016 (NO. 25 OF 2016)

Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016)

- Act 25 of 2016
- Royal Assent 23 September 2016

TABLE OF PROVISIONS

Long Title

PART 1 - Preliminary

1. Short title
2. Commencement
3. Object of Act
4. Interpretation
5. Responsible person
6. Act binds Crown
7. Act prevails
8. Delegation
9. Minister to approve certain statutory rules &c.
10. Application of Act to accretions from sea

PART 2 - Work to Comply with Act and National Construction Code

11. All work must comply with Act and National Construction Code
12. Compliance of existing buildings
13. National Construction Code may be modified in certain circumstances
14. Provisions of other standards

PART 3 - Administration

Division 1 - Director of Building Control

15. Director of Building Control
16. Functions of Director of Building Control
17. General powers of Director of Building Control
18. Director of Building Control may authorise or accredit products
19. Director of Building Control may make or adopt guidelines
20. Director of Building Control may make determinations
21. Assistance to Director of Building Control
22. Compliance audit by Director of Building Control
23. Publication of documents by Director of Building Control

Division 2 - Permit authorities

24. Who is a permit authority
25. Functions of permit authorities
26. Powers of permit authority
27. Records of permit authority

Division 3 - Building surveyor

28. Who is a building surveyor
29. Person must not act as building surveyor
30. Functions of a building surveyor
31. Powers of building surveyors
32. Building surveyor must exercise powers
33. Building services provider may act as advisor
34. Building surveyor may seek second opinion on performance solution
35. Only one building surveyor to be engaged for work
36. Change of building surveyor at owner's request
37. Change of building surveyor at building surveyor's request
38. Change of building surveyor where both parties agree
39. Transfer of documents in certain circumstances
40. Notification of change of building surveyor

Division 4 - Other authorities

41. Councils
42. Other professionals and experts

PART 4 - Parties to Work

Division 1 - Designers

43. Designers
44. Minimum standards of design work

Division 2 - Builders

45. Builders
46. Owner builders
47. Minimum standards for building work

Division 3 - Plumbers

48. Licensed plumbers
49. Minimum standards for plumbing work

Division 4 - Owners

50. Owners
51. Change of parties involved in certain building work
52. Change of parties involved in certain plumbing work

PART 5 - Special Categories of Work

Division 1 - Works on existing buildings

53. Existing buildings to be upgraded if altered
54. Alteration to existing exits and paths to exits
55. Change of building use or building classification

Division 2 - Works performed on boundaries

56. Party walls
57. Party structures
58. Rights of adjoining owners
59. Reply to notices
60. Work on party structures to be performed if agreed
61. Entry to premises
62. Expenses payable by owners
63. Liability not affected
64. Saving for easements
65. Resolution of differences

Division 3 - Works in hazardous areas

66. Interpretation
67. Works in hazardous areas
68. Works in landslip areas
69. Compensation not payable for certain damage to buildings erected in known landslip areas
70. Works on contaminated or undrainable premises

Division 4 - Miscellaneous works

71. Works on or around building line
72. Works that amend existing building boundary
73. Works involving, or in proximity of, existing drains
74. Works involving, or in proximity of, service easements

PART 6 - Protection Work

75. Interpretation
76. Protection work
77. Notice of proposed protection work
78. Absent or incapable adjoining owner
79. Adjoining owner may respond to protection work notice
80. Protection work to be performed if agreed
81. Effect of disagreement in relation to proposed protection work
82. Carrying out protection work
83. Insurance cover
84. Condition of adjoining premises
85. Entry to carry out protection work
86. Offence to prevent protection work
87. Plans of protection work
88. Expenses of adjoining owner
89. Compensation
90. Failure to perform adequate protection work

PART 7 - Low-risk Work

91. Low-risk work
92. Application of Act to low-risk work

PART 8 - Notifiable Building Work

Division 1 - General

93. Notifiable building work
94. Requirements for notifiable building work
95. Building surveyor to be engaged in respect of notifiable building work

Division 2 - Before performing notifiable building work

96. Notification before performing notifiable building work
97. Notice of work
98. Certificate of likely compliance (notifiable building work)

Division 3 - Performance of notifiable building work

99. Performing notifiable building work
100. Inspection of notifiable building work
101. Directions relating to non-compliant notifiable building work

Division 4 - Completion of notifiable building work

102. Completion of notifiable building work
103. Standard of work certificate (notifiable building work)
104. Certificate of completion (notifiable building work)

PART 9 - Notifiable Plumbing Work

Division 1 - General

105. Notifiable plumbing work
106. Requirements for notifiable plumbing work

Division 2 - Before performing notifiable plumbing work

107. Notification before performing notifiable plumbing work
108. Notice of work
109. Certificate of likely compliance (notifiable plumbing work)

Division 3 - Performance of notifiable plumbing work

110. Performing notifiable plumbing work
111. Inspection of notifiable plumbing work
112. Directions relating to non-compliant notifiable plumbing work

Division 4 - Completion of notifiable plumbing work

113. Completion of notifiable plumbing work
114. Standard of work certificate (notifiable plumbing work)
115. Certificate of completion (notifiable plumbing work)

PART 10 - Notifiable Demolition Work

Division 1 - General

116. Notifiable demolition work
117. Requirements for notifiable demolition work
118. Building surveyor to be engaged in respect of notifiable demolition work

Division 2 - Before performing notifiable demolition work

119. Notification before performing notifiable demolition work
120. Notice of work
121. Certificate of likely compliance (notifiable demolition work)

Division 3 - Performance of notifiable demolition work

122. Performing notifiable demolition work
123. Inspection of notifiable demolition work
124. Directions relating to non-compliant notifiable demolition work

Division 4 - Completion of notifiable demolition work

125. Completion of notifiable demolition work
126. Standard of work certificate (notifiable demolition work)
127. Certificate of completion (notifiable demolition work)

PART 11 - Permit Building Work

Division 1 - General

128. Permit building work
129. Requirements for permit building work

Division 2 - Before performing permit building workSubdivision 1 - Certificate of likely compliance (permit building work)

130. Application for certificate of likely compliance (permit building work)
131. Required report from reporting authority
132. Determining application for certificate of likely compliance (permit building work)
133. Refusing application for certificate of likely compliance (permit building work)
134. Granting application for certificate of likely compliance (permit building work)
135. Duration of certificate of likely compliance (permit building work)
136. Variation of certificate of likely compliance (permit building work)
137. Revocation of certificate of likely compliance (permit building work)
138. Building permit required before performing permit building work
139. Application for building permit
140. Additional application requirements for alternative performance solutions
141. Determining application for building permit
142. Refusal of application for building permit
143. Granting of application for building permit
144. Form of building permit
145. Conditions on building permit
146. Duration of building permit
147. Extension of duration of building permit

Division 3 - Performance of permit building work

148. Permit building work must be performed in accordance with building permit
149. Inspection of permit building work
150. Directions relating to non-compliant permit building work

Division 4 - Completion of permit building work

151. Standard of work certificate (permit building work)
152. Certificate of final inspection (building)
153. Certificate of completion (permit building work)

PART 12 - Permit Plumbing Work

Division 1 - General

154. Permit plumbing work
155. Requirements for permit plumbing work

Division 2 - Before performing permit plumbing workSubdivision 1 - Certificate of likely compliance (permit plumbing work)

156. Application for certificate of likely compliance (permit plumbing work)
157. Required report from reporting authority
158. Determining application for certificate of likely compliance (permit plumbing work)
159. Refusing application for certificate of likely compliance (permit plumbing work)
160. Granting application for certificate of likely compliance (permit plumbing work)
161. Duration of certificate of likely compliance (permit plumbing work)
162. Variation of certificate of likely compliance (permit plumbing work)
163. Revocation of certificate of likely compliance (permit plumbing work)
164. Plumbing permit required before performing permit plumbing work
165. Application for plumbing permit
166. Additional application requirements for alternative performance solutions
167. Determining application for plumbing permit
168. Refusal of application for plumbing permit
169. Granting of application for plumbing permit
170. Form of plumbing permit
171. Conditions on plumbing permit
172. Duration of plumbing permit
173. Extension of duration of plumbing permit

Division 3 - Performance of permit plumbing work

174. Permit plumbing work must be performed in accordance with plumbing permit
175. Inspection of permit plumbing work
176. Directions relating to non-compliant permit plumbing work

Division 4 - Completion of permit plumbing work

177. Standard of work certificate (permit plumbing work)
178. Certificate of completion (permit plumbing work)

PART 13 - Permit Demolition Work

Division 1 - General

179. Permit demolition work
180. Requirements for permit demolition work

Division 2 - Before performing permit demolition workSubdivision 1 - Certificate of likely compliance (permit demolition work)

181. Application for certificate of likely compliance (permit demolition work)
182. Required report from reporting authority
183. Determining application for certificate of likely compliance (permit demolition work)
184. Refusing application for certificate of likely compliance (permit demolition work)
185. Granting application for certificate of likely compliance (permit demolition work)
186. Duration of certificate of likely compliance (permit demolition work)
187. Variation of certificate of likely compliance (permit demolition work)
188. Revocation of certificate of likely compliance (permit demolition work)
189. Demolition permit required before performing permit demolition work
190. Application for demolition permit
191. Determining application for demolition permit
192. Refusal of application for demolition permit
193. Granting of application for demolition permit
194. Form of demolition permit
195. Conditions on demolition permit
196. Duration of demolition permit
197. Extension of duration of demolition permit

Division 3 - Performance of permit demolition work

198. Permit demolition work must be performed in accordance with demolition permit
199. Inspection of permit demolition work
200. Directions relating to non-compliant permit demolition work

Division 4 - Completion of permit demolition work

201. Standard of work certificate (permit demolition work)
202. Certificate of final inspection (demolition)
203. Certificate of completion (permit demolition work)

PART 14 - Maintenance Work

204. Interpretation
205. Performance of maintenance work
206. Schedule of maintenance

PART 15 - Defective Work

207. Defective work
208. Discovery of defective building work
209. Rectification of defective building work
210. Discovery of defective plumbing work
211. Rectification of defective plumbing work
212. Discovery of defective demolition work
213. Rectification of defective demolition work

PART 16 - Emergency Work

214. Emergency work
215. Requirements for emergency work

PART 17 - Occupancy Requirements

Division 1 - Occupancy permit

216. Occupancy permit required
217. Application for occupancy permit
218. Form of application for occupancy permit
219. Required report from reporting authority
220. Determination of application for occupancy permit
221. Refusing application for occupancy permit
222. Granting application for occupancy permit
223. Issue of occupancy permits
224. Notification to permit authority of occupancy permit
225. Occupancy permit
226. Cancellation of occupancy permit
227. Duration of occupancy permit

Division 2 - Temporary occupancy permit

228. Occupancy of temporary structure
229. Temporary occupancy of existing building
230. Application for temporary occupancy permit
231. Refusing application for temporary occupancy permit
232. Granting temporary occupancy permit
233. Occupation in contravention of temporary occupancy permit
234. Cancellation of temporary occupancy permit

PART 18 - Actions for Non-compliance

Division 1 - Interpretation

235. Fire hazards
236. Application of Part

Division 2 - Notification of requirement to comply

237. Building notice
238. Plumbing notice
239. Fire upgrading report
240. Fire upgrading notice
241. Dilapidated building report
242. Dilapidated building notice
243. Representations relating to notices
244. Revocation of notices

Division 3 - Compliance orders

245. Emergency order
246. Building orders
247. Building order relating to illegal building work
248. Building order relating to fire hazards
249. Building order relating to dilapidated building
250. Plumbing orders
251. Court orders
252. Certain orders to be made within certain period
253. Permit authority to be notified of building order
254. Duration of orders

Division 4 - Process for illegal building workSubdivision 1 - Certificate of substantial compliance

255. Application for certificate of substantial compliance
256. Refusal of application for certificate of substantial compliance
257. Grant of application for certificate of substantial compliance
258. Application for permit of substantial compliance
259. Refusal of application for permit of substantial compliance
260. Grant of application for permit of substantial compliance
261. Conditions on permit of substantial compliance
262. Duration of permit of substantial compliance
263. Effect of permit of substantial compliance

Division 5 - Process for illegal plumbing work

264. Illegal plumbing work to be subject of plumbing permit

Division 6 - Failure to comply with compliance orders

265. Failure to comply with emergency, building or plumbing order
266. Possession of building
267. Demolition order

Division 7 - General matters

268. Endorsements on certificates
269. Recovery of performance costs
270. Recovery of compliance costs
271. Purchasing buildings and materials
272. Police assistance
273. Notification of completion of work
274. Amendment or revocation of building, plumbing or demolition orders
275. Compliance with Act in certain circumstances

PART 19 - Appeals and Determinations

Division 1 - Appeals

276. Appeals relating to permits
277. Appeals relating to notifiable work
278. Appeals relating to orders
279. Appeals relating to protection work
280. Appeals relating to building surveyor
281. Appeals relating to permit authority
282. Appeals relating to fire regulations

Division 2 - Determinations

283. Determination of application of relevant Code
284. Determination for modification or non-application of access provision of Code

Division 3 - General

285. Form of application
286. Onus of proof in certain cases

PART 20 - Regulations

Division 1 - Building Regulations

287. Building Regulations
288. Non-application of Building Regulations

Division 2 - Plumbing Regulations

289. Plumbing Regulations
290. Non-application of Plumbing Regulations

Division 3 - General provisions

291. General provisions
292. Inspection provisions
293. Fees
294. Exemptions
295. Savings and transitional

PART 21 - Miscellaneous

Division 1 - Building administration fee

296. Building administration fee
297. Additional building administration fee payable in certain circumstances
298. Determination of cost of staged building work
299. Further information to be provided if requested
300. Payment of building administration fee
301. Offence for non-payment of building administration fee
302. Director of Building Control may waive, refund or recover building administration fee

Division 2 - Offences generally

303. Offences by bodies corporate
304. False and misleading statements
305. Offences relating to Director of Building Control
306. Offences relating to authorised persons
307. Offences relating to building surveyors
308. Habitation of certain buildings
309. Restriction on use of land
310. Prosecution of offences
311. Defence of compliance with Act

Division 3 - Evidence

312. Evidentiary provisions
313. Evidence of compliant building work
314. Evidence of compliant plumbing work
315. Evidence of compliant demolition work
316. Evidence of occupancy permit
317. Evidence of final inspection
318. Evidence of compliance
319. Evidence of authority
320. Authentication of documents
321. Reliance on certification
322. Reliance on actions of others
323. Evidence relating to infringement notice

Division 4 - Infringement notices

324. Infringement notices

Division 5 - Liability

325. Immunity from liability
326. Immunity from liability for building surveyor
327. Accrual of cause of action

Division 6 - General matters

328. Documents to be translated
329. Building Administration Fund
330. Transitional and savings provisions
331. Administration of Act
332. Legislation repealed
333. Legislation rescinded
334. Legislation revoked
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5

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