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BUILDING ACT 1975 - SECT 37

Provision for changes to building assessment provisions

37 Provision for changes to building assessment provisions

(1) This section applies to building work if—
(a) the lawful carrying out of the work starts before a building assessment provision is amended; or
(b) the building development approval was given before a building assessment provision is amended, but the work does not start before the amendment commences; or
(c) a building development application is made for the work before a building assessment provision is amended, but the application is not decided before the amendment commences; or
(d) planning for carrying out the work started before a building assessment provision is amended and the building certifier for the building development approval certifies in writing that—
(i) substantial progress was made on the design of the building, or the design was completed, before the amendment; and
(ii) the design would need to be changed to comply with the amended provision; and
(iii) the changes needed under subparagraph (ii) are not minor changes, having regard to the amendment and the nature of the building work.
Example of a change to a design that is not a minor change—
the removal of floors from a design to comply with an amended building assessment provision requiring the installation of water tanks in a building
(2) Despite the amendment, a building development approval for the work may be given if the approval is given under the building assessment provisions in force immediately before the amendment.
(3) For subsection (1) (a) the work is lawfully carried out if it is carried out under the building assessment provisions in force immediately before the amendment.
(4) For subsections (1) and (3) , an amendment of the building assessment provisions includes an amendment of a document adopted by, or to which a reference is made in, any of the provisions.
(5) A regulation may provide the following, to the extent stated in the regulation—
(a) subsection (2) does not apply in relation to the building work for an amendment of a building assessment provision;
(b) a building development approval for the building work may be given only if the approval is given under the building assessment provisions as amended.
(6) The Minister may recommend to the Governor in Council the making of a regulation under subsection (5) only if—
(a) the Minister has conducted an impact assessment of the making of the regulation; and
(b) the Minister is satisfied the regulation is necessary to reduce or remove a risk of serious injury or illness to an individual having regard to—
(i) the impact assessment; and
(ii) if the regulation is not made, any other way to manage the risk.



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