PART 1 AMENDMENT OF
BUILDING CONTROL ACT 1989 |
2. In the Building Control Act 1989, in section 2(1) —| (a) | replace the definition of “amendment plans” with —| “ “amended plans” means plans showing any deviation from, or any amendment or addition to, any plans of building works approved or deemed approved under section 5(3) or 5AA(1);”; |
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| | (b) | after the definition of “limited liability partnership”, insert —| “ “lodgment” means a lodgment of plans with the Commissioner of Building Control for the purpose of section 5AA; |
| “lodgment works” means building works which are prescribed as lodgment works in the building regulations;”; and |
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| | (c) | in the definition of “value”, replace paragraph (b) with —| “(b) | for any other building works — the total cost to be expended in carrying out the building works (including the foundations, basements, structural frame, finishes and the installation of building services) estimated at the time of, and contained in —| (i) | the application under section 5 for approval of the plans of the building works; or | | (ii) | the documents that are lodged together with the plans of the building works for the purpose of section 5AA, |
| as the case may be, including any goods and services tax payable in relation to the supply of the work;”. |
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3. In the Building Control Act 1989, in section 5A(2) —| (a) | after paragraph (a), insert —| “(aa) | the names and prescribed particulars of —| (i) | the appropriate qualified person whom the developer or builder of the building works has appointed to prepare the amended plans; and | | (ii) | where the building works comprise wholly or partly any geotechnical building works, the geotechnical engineer whom the developer or builder of the building works has appointed to prepare the amended plans relating to the geotechnical aspects of those geotechnical building works;”; |
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| | (b) | in paragraph (b)(ii), delete “and” at the end; | | (c) | in paragraph (c), replace the full‑stop at the end with “; and”; and | | (d) | after paragraph (c), insert —| “(d) | any other documents prescribed in the building regulations.”. |
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4. In the Building Control Act 1989, after section 5A, insert —| “Plans of lodgment works deemed approved |
5AA.—(1) Despite section 5, the plans of any lodgment works are deemed approved by the Commissioner of Building Control, if all of the conditions in subsection (2) are satisfied.(2) The conditions mentioned in subsection (1) are as follows:| (a) | the developer of the lodgment works has lodged the plans of the lodgment works, together with the prescribed lodgment fee (if any) and information and documents prescribed under subsection (7)(b), with the Commissioner of Building Control; | | (b) | the plans comply with all prescribed requirements in this Act and the building regulations that are applicable to such plans; | | (c) | the developer has obtained a written acknowledgment of the lodgment from the Commissioner of Building Control. |
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| (3) The Commissioner of Building Control may issue a written acknowledgment to the developer without checking the plans and design calculations of the lodgment works, on the basis of the information and documents prescribed under subsection (7)(b) that are submitted with the plans. |
| (4) To avoid doubt, the written acknowledgment is only evidence that the plans of the lodgment works have been lodged with the Commissioner of Building Control, and is not evidence that the plans comply with the prescribed requirements mentioned in subsection (2)(b). |
(5) Without affecting subsection (3), if the Commissioner of Building Control is of the view that the plans of the lodgment works lodged with him or her do not comply with any prescribed requirement mentioned in subsection (2)(b), he or she may —| (a) | refuse to accept any further lodgment of the plans of those lodgment works; and | | (b) | direct the developer of the lodgment works to apply under section 5 for approval of the plans instead. |
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| (6) Nothing in this section prevents a developer from applying under section 5 for approval of the plans of any lodgment works, instead of lodging the plans of those works with the Commissioner of Building Control under this section. |
(7) The building regulations may —| (a) | prescribe as lodgment works any class of building works that have been assessed as suitable to be so prescribed because they are less complex building works; and | | (b) | prescribe the matters to be submitted with the plans for lodgment works (including any amended plans), including but not limited to —| (i) | the lodgment fee, if any; | | (ii) | the information or documents to be submitted with the plans or amended plans; | | (iii) | the timelines for making the plans or amended plans; and | | (iv) | the requirements that the plans or amended plans of the lodgment works must comply with. |
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| Deviations from lodged building plans |
5AB.—(1) Where the plans of any lodgment works are deemed approved under section 5AA and the developer of the lodgment works intends to depart or deviate from the plans, then —| (a) | if the departure or deviation results in the building works no longer being lodgment works, the developer must apply under section 5 for approval of the plans of the proposed departure or deviation; or | | (b) | if paragraph (a) does not apply, the developer must —| (i) | comply with the conditions in section 5AA(2) in relation to the amended plans, and section 5AA applies accordingly in relation to such plans; or | | (ii) | apply under section 5 for approval of the plans of the proposed departure or deviation. |
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| (2) The first deemed approval under section 5AA of the plans of any lodgment works ends and is superseded to the extent that the plans of the proposed departure or deviation relating to those lodgment works are approved or deemed approved by the Commissioner of Building Control under section 5 or 5AA, as the case may be.”. |
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| 5. In the Building Control Act 1989, in section 5B(1), after “section 5 or 5A”, insert “, or deemed approval under section 5AA,”. |
| 6. In the Building Control Act 1989, in section 9(1)(c) and (4)(a)(iii) and (b)(iii), after “approved”, insert “or deemed approved”. |
| 7. In the Building Control Act 1989, in section 11(1)(a)(iii) and (c) and (2)(a)(iii), after “approved”, insert “or deemed approved”. |
8. In the Building Control Act 1989, in section 20 —| (a) | in subsection (1)(a), replace “approved by the Commissioner of Building Control under section 5 or 5A” with “approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA”; | | (b) | after subsection (1), insert —“(1A) In proceedings for an offence under subsection (1) in relation to any lodgment works the plans of which —| (a) | have been lodged with the Commissioner of Building Control for the purpose of section 5AA; but | | (b) | were not deemed approved because section 5AA(2)(b) was not complied with, |
| it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused reasonably believed that section 5AA(2)(b) had been complied with.”; and |
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| | (c) | in subsections (3) and (4)(a) and (b), replace “approved by the Commissioner of Building Control under this Part” with “approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA”. |
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9. In the Building Control Act 1989, in section 22, after subsection (1), insert —| “(1A) Where the Commissioner of Building Control has made a decision under section 5AA(5)(a) and (b), the developer concerned may appeal to the Minister against the decision within 14 days after being served with the notice of the decision.”. |
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10. In the Building Control Act 1989, after section 42, insert —| “Use of electronic service for making applications, etc. |
42AA.—(1) The Commissioner of Building Control may permit an application to or a lodgment with him or her under this Act to be made through an electronic service that is —| (a) | administered by a public authority to facilitate the sending of documents under this Act and any other written law in connection with building works; and | | (b) | prescribed by the Minister by notification in the Gazette. |
| (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to or a lodgment with the Commissioner of Building Control, the Commissioner of Building Control may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application or lodgment, by sending it to the person’s account with the electronic service. |
| (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. |
| (4) This section applies despite anything to the contrary in this Act. |
| (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.”. |
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| 11. In the Building Control Act 1989, in section 43A, after “from the Commissioner of Building Control”, insert “, or for the purpose of the lodgment of any plans with the Commissioner of Building Control,”. |
12. In the Building Control Act 1989, in section 49(2) —| (a) | after paragraph (b), insert —| “(ba) | the minimum or maximum number of qualified persons required or permitted to prepare the plans of any description of building works;”; and |
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| | (b) | after paragraph (c), insert —| “(caa) | the manner of lodgment of plans of lodgment works;”. |
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