(1)  Unless otherwise specified, an occupancy permit is required for each of the following types of buildings before the building or a part of the building can be, or can continue to be, occupied:

(a) a new building;

(b) a building where the new use of the building would need to satisfy different requirements, under the National Construction Code, than the previous use;

(c) a building where the classification for the building, under the National Construction Code, has changed;

(d) a building where work is, or has been, carried out, if the work is –

(i) notifiable building work; or

(ii) permit building work; or

(iii) demolition work where only part of the building, or part of an adjacent building, is demolished as part of the work;

(e) a building that is a special-use building, where that special use has changed in a material way;

(f) a building, or a class or type of buildings, prescribed for the purpose of this section.

(2)  A building surveyor may determine that a building does not require a new occupancy permit if –

(a) an occupancy permit is in force in respect of the building; and

(b) the building surveyor is satisfied that building work performed on the building after the occupancy permit was issued was for maintenance of the building, or of a minor nature; and

(c) the building surveyor intends to issue a certificate of final inspection (building) in respect of the work; and

(d) the Act does not require the work to be the subject of a report by a reporting authority.

(3)  A person must not occupy, or continue to occupy, a building referred to in subsection (1) unless –

(a) an occupancy permit is in force in respect of that building as it is, or is intended to be, used while so occupied; or

(b) an occupancy permit is in force in respect of that building and a building surveyor is satisfied that the building can be occupied under that occupancy permit while work is being performed on the building; or

(c) a temporary occupancy permit is in force in respect of that building as it is, or is intended to be, used while so occupied; or

(d) the Building Regulations provide that an occupancy permit is not required for that building as it is, or is intended to be, used while so occupied.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.