Tasmanian Numbered Acts
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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 98
Certificate of likely compliance (notifiable building work)
(1) On receipt of a notice of work under section 97 , a building
surveyor is to take into account each of the following matters in relation to
the proposed notifiable building work specified in the notice of work: (a)
whether the work is entirely within the definition of notifiable building
work;
(b) the protection work that has been, or is to be, performed in respect
of the work;
(c) any documents provided to the building surveyor with the
notice of work;
(d) any further information requested under
subsection (2) ;
(e) any other permits, consents, or orders, in place or
required under any Act in respect of the proposed work or the premises where
the work is to be performed;
(f) any documents relied on by the designer of
the work;
(g) any other prescribed matter.
(2) A building surveyor may request further information in respect of a
notice of work.
(3) After taking into account the matters specified in
subsection (1) in respect of notifiable building work, a building
surveyor may issue a certificate of likely compliance (notifiable building
work) if satisfied that (a) the work is not permit building work;
and
(b) in the opinion of the building surveyor, all appropriate protection
work has been performed in respect of the notifiable building work; and
(c)
the work is likely to comply with this Act.
(4) Within 7 business days after issuing a certificate of likely
compliance (notifiable building work), the building surveyor who issued the
certificate must forward a copy of the certificate to the relevant permit
authority.
(5) A building surveyor may refuse to issue a certificate of likely
compliance (notifiable building work) (a) until all fees required
to be paid to the building surveyor in respect of the work have been paid; or
(b) for any other reason that is reasonable in the circumstances.
(6) If a building surveyor refuses to issue a certificate of likely
compliance (notifiable building work) under this section, he or she must
notify the person responsible for the work, in writing, of the refusal and the
reason for the refusal.
(7) A certificate of likely compliance (notifiable building work) is to
be in an approved form.
(8) A certificate of likely compliance (notifiable building work)
expires 12 months after it has been issued.
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