Building Control Act 1989
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Authorised officers
Part 2 CONTROL OF BUILDING WORKS
Division 1 — Application
4 Application to building works
Division 2 — Building plan approvals and permits
5 Application for approval of plans of building works
5A Deviations from approved building plans
5AA Plans of lodgment works deemed approved
5AB Deviations from lodged building plans
5B Lapsing or revocation of building plans approval
6 Permit to carry out structural works
6A Modification or waiver of building regulations
Division 3 — Building works
7 Supervision of building works
7A Tests of and in connection with building works
Division 4 — Duties of developers, qualified persons, site supervisors and builders
8 Duties of developers
9 Duties of qualified persons and specialists
10 Duties of site supervisors
11 Duties of builders
Division 5 — Building occupancy
12 Occupation of buildings
Division 6 — Accredited checkers
13 Unlawful undertaking work as accredited checker, etc.
14 Register of accredited checkers, etc.
15 Who may be registered as accredited checker, etc., or accredited checking organisation
16 Registration of accredited checkers, etc., or accredited checking organisations
17 Cancellation, etc., of registration
18 Duties and independence of accredited checkers, etc., and accredited checking organisations
Division 7 — Enforcement and administration
19 Demolition, etc., of unauthorised building works
20 Building offences
21 Pecuniary penalty
22 Appeals
Part 3 RETROFITTING OF EXTERIOR FEATURES
22A Application and interpretation of this Part
22B Duty to retrofit exterior feature
22C Retrofitting orders
Part 3A DISABILITY AND OTHER PERFORMANCE REQUIREMENTS FOR BUILDINGS
22D Interpretation of this Part
22DA Requiring works to be done upon trigger application
22E Duty of building owner, etc., not to alter
22F Appeal against notice to reinstate
Part 3B ENVIRONMENTAL SUSTAINABILITY MEASURES FOR EXISTING BUILDINGS
22FA Interpretation of this Part
22FB Submission of design score for building undergoing major energy-use change
22FC Deviation from approved design score
22FD Lapsing or revocation of approval of design score
22FE Completion of major energy-use change and submission of as‑built score
22FF Periodic audit of energy efficiency of building cooling system
22FG Persons who may carry out energy audit
22FH Duties of person carrying out energy audit
22FI Cancellation or suspension of registration of energy auditor
22FJ Power to obtain energy consumption and other information
Part 4 DANGEROUS BUILDINGS AND OCCURRENCES
22G Interpretation of this Part
23 Dangerous building works
24 Dangerous buildings
24A Dangerous slopes
25 Closure orders
25A Investigations into dangerous occurrences
Part 5 INSPECTION OF BUILDINGS AND BUILDING FAÇADES
26 Interpretation of this Part
27 Application of this Part
28 Periodic inspection of buildings and building façades
29 Independence of structural engineers and competent persons
Part 5A LICENSING OF BUILDERS
29A Interpretation of this Part
29B Prohibition against unlicensed builders
29C Classes of builder’s licences
29D Register of licensed general builders and licensed specialist builders
29E Application for builder’s licence
29F Who may be licensed as general builder
29G Who may be licensed as specialist builder
29H Conditions of builder’s licence relating to construction personnel
29I Other conditions of builder’s licence
29J Revocation of licences, etc.
29K Appeal to Minister
29L Power of Minister to make regulations
Part 5B REGULATING FIXED INSTALLATION CONTRACTORS*
29M Interpretation of this Part
29N Unauthorised undertaking of registrable activity
29O Application for registration
29P Registration
29Q Progressive wages as condition of registration
29R Regulatory action
Part 6 MISCELLANEOUS
30 Class exemption from Act
30A Administrative exemption from Act
31 Offences by bodies corporate, etc.
32 Protection from liability
33 Powers of entry, etc.
34 Presumptions and defences
35 Occupier may execute work in default of owner
36 Proceedings if occupier opposes execution of works
37 Recovery of costs and expenses payable by owners
38 Recovery of costs and expenses by instalments
39 Power to vary interest rates
40 Liability of transferor of property in respect of expenses incurred by Commissioner of Building Control
41 Property and materials seized or removed by Commissioner of Building Control
42 Service of documents
42AA Use of electronic service for making applications, etc.
42A Inaccuracies in notices, etc.
43 Providing of information
43A Providing documents false in a material particular
44 Powers of arrest
45 Evidence
46 Jurisdiction of Courts
47 General penalty
47A Disposal of articles, documents, etc.
48 Composition of offences
49 Regulations
50 Adoption of codes and standards
51 Application of Act to Government
52 Presentation of order, notification and regulation to Parliament
53 Transitional provisions
Legislative History
Abbreviations
Comparative Table