(1) This section applies for a building development application if—(a) the building work is alterations to an existing building or structure; and(b) the building certifier is satisfied the general safety and structural standards of the building or structure would not be at risk if the alterations were to be carried out under earlier building assessment provisions.
(2) The building certifier may carry out building assessment work for the application on the basis that the building work is to be carried out under the earlier building assessment provisions.
(2A) However, subsection (2) does not apply to the extent a regulation mentioned in section 37 (5) states an amendment of a building assessment provision does not apply and the approval must be given under the building assessment provisions as amended.
(3) Subsection (4) applies if the building’s BCA classification as shown on the certificate of occupancy for the building has changed only because of an amendment to building classifications under the BCA made after the certificate was given.
(4) Without limiting subsection (2) , the building certifier may carry out building assessment work for the application on the basis that the building work is to be carried out under the building assessment provisions applying for the BCA classification shown on the certificate of occupancy.
(5) In this section—
"building assessment provisions" includes the former Standard Building By-laws and Standard Building Law under this Act and the repealed Standard Building Regulation 1993 .
"earlier building assessment provisions" means the building assessment provisions as they were in force at a particular time before the application was made.