- Act 100 of 2000 - Royal Assent 20 December 2000 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. Act binds Crown 5. Act prevails PART 2 - Administration Division 1 - Director of Building Control 6. Director of Building Control 7. General functions of Director 8. Assistance to Director Division 2 - Building Regulation Advisory Committee 9. Advisory Committee 10. Functions of Advisory Committee Division 3 - Delegation 11. Delegation PART 3 - Duties of persons 12. Duties of owners 13. Duties of designers 14. Duties of builders and plumbers 15. Duties of building surveyors 16. Duties of permit authorities 17. Duties of reporting authorities 18. Duties of councils PART 4 - Accredited building practitioners Division 1 - Authorised bodies 19. Application to be authorised body 20. Granting application 21. Withdrawal of authorisation 22. General functions of authorised bodies Division 2 - Accreditation 23. Offences relating to accreditation 24. Owner builder 25. Bodies corporate and partnerships 26. Application for accreditation 27. Certificate of accreditation 28. Period of certificate 29. Renewal of certificates Division 3 - Audits 30. Audit by authorised body 31. Audit by Director Division 4 - Complaints 32. Complaints 33. Notification to building practitioner Division 5 - Investigations 34. Approved investigator 35. Investigations 36. Production of documents 37. Powers of entry and inspection 38. Warrant 39. Offences 40. Decision of authorised body 41. Notice of decision by authorised body Division 6 - Appeals 42. Appeals to Appeal Board 43. Hearing by Appeal Board 44. Decision of Appeal Board 45. Notice of decision of Appeal Board 46. Appeal to magistrate 47. Findings of magistrate Division 7 - Insurance 48. Order requiring insurance 49. Insurance cover 50. Offences relating to insurance PART 5 - Building surveyors 51. Exercise of powers by assistant building surveyor 52. Exercise of powers prohibited 53. Referral to other building surveyors 54. Change of building surveyor PART 6 - Building and plumbing standards Division 1 - Building standards 55. Compliance with Building Code 56. Evidence of compliance for building products and systems Division 2 - Plumbing standards 57. Standards of plumbing work 58. Tasmanian Plumbing Code 59. Authorisation and accreditation PART 7 - Building and plumbing permits Division 1 - Requirement for building permit 60. Building permit required 61. Building work without permit Division 2 - Certificates of likely compliance 62. Certificate of likely compliance required 63. Required report from reporting authority 64. Referral of documents to function control authority 65. Special-use buildings 66. Consideration of application for certificate of likely compliance 67. Granting certificate of likely compliance 68. Refusing certificate of likely compliance Division 3 - Applications for building permits 69. Application for building permit 70. Form of application for building permit 71. Consideration of application for building permit 72. Granting building permit 73. Refusing building permit 74. Conditions of building permit binding Division 4 - Requirement for plumbing permit 75. Plumbing permit required 76. Plumbing work without permit 77. Special plumbing permit Division 5 - Applications for plumbing permits 78. Application for plumbing permit 79. Application for special plumbing permit 80. Form of application for plumbing permit 81. Consideration of application for plumbing permit 82. Granting plumbing permit 83. Refusing plumbing permit 84. Conditions of plumbing permit binding PART 8 - Building work, plumbing work, inspection, occupation and completion Division 1 - Carrying out work and authorisation 85. Carrying out building work 86. Carrying out plumbing work 87. Starting building or plumbing work Division 2 - Inspections 88. Notification during building or plumbing work 89. Inspections 90. Powers in relation to inspections 91. Directions relating to building and plumbing work 92. Certificate of final inspection Division 3 - Occupancy permits 93. Occupancy permit required 94. Application for occupancy permit 95. Form of application for occupancy permit 96. Required report from reporting authority 97. Consideration of application for occupancy permit 98. Granting occupancy permit 99. Refusing application for occupancy permit 100. Issue of occupancy permits 101. Conditions of occupancy permit binding 102. Notification to permit authority 103. Occupation in contravention of occupancy permit 104. Period of occupancy permit Division 4 - Temporary occupancy permit 105. Temporary occupancy 106. Application for temporary occupancy permit 107. Form of application for temporary occupancy permit 108. Granting temporary occupancy permit 109. Cancellation of temporary occupancy permit 110. Refusing application for temporary occupancy permit 111. Notification to permit authority Division 5 - Completion of building and plumbing work 112. Completion of building work 113. Completion of plumbing work 114. Defective plumbing work PART 9 - Existing buildings Division 1 - General provisions 115. Construction of existing buildings 116. Habitation of certain buildings 117. Change of use 118. Restriction on use of land 119. Building certificates 120. Maintenance of certain features Division 2 - Protection of adjoining properties 121. Notice of proposed building work 122. Absent or incapable owner 123. Appointment of agent for adjoining owner 124. Adjoining owner to reply 125. Effect of agreement 126. Effect of disagreement 127. Work not to be carried out in certain cases 128. Inspection of plans 129. Emergency protection work 130. Protection work 131. Insurance cover 132. Record of condition of adjoining property 133. Entry to carry out protection work 134. Offence by adjoining owner 135. Lodgment of plans 136. Expenses of adjoining owner 137. Compensation Division 3 - Party walls and structures 138. Party walls 139. Ownership of party wall 140. Party structures 141. Notice of proposed work 142. Rights of adjoining owner 143. Reply to notices 144. Entry to premises 145. Expenses payable by owners 146. Saving for easements 147. Differences PART 10 - Restrictions on buildings Division 1 - Landslip areas 148. Declaration of landslip areas 149. Registration of landslip area order 150. Effect of order in A landslip area 151. Effect of order in B landslip area 152. Activities prohibited in landslip areas 153. Revocation or amendment of landslip area order 154. Compensation not payable Division 2 - Building line 155. Building between building line and boundary 156. Fire source feature Division 3 - Site restrictions 157. Contaminated or undrainable sites 158. Requirement for effluent disposal 159. Land subject to flooding 160. Protection of existing drains 161. Protection of service easements PART 11 - Enforcement Division 1 - Emergency orders 162. Emergency order Division 2 - Notices, orders and fire reports 163. Building notices 164. Plumbing notice 165. Fire hazards 166. Fire upgrading report 167. Fire upgrading notice 168. Representations relating to notices 169. Revocation of notices 170. Building orders 171. Building order relating to work without permit 172. Plumbing orders 173. Building order relating to fire hazards 174. Notifying permit authority 175. Application for certificate to proceed 176. Granting certificate to proceed 177. Refusing certificate to proceed 178. Application for permit to proceed 179. Consideration of application for permit to proceed 180. Granting permit to proceed 181. Refusing permit to proceed 182. Conditions of permit to proceed binding 183. Application for certificate of substantial compliance 184. Granting certificate of substantial compliance 185. Refusing certificate of substantial compliance 186. Application for permit of substantial compliance 187. Consideration of application for permit of substantial compliance 188. Granting permit of substantial compliance 189. Refusing permit of substantial compliance 190. Conditions of permit of substantial compliance binding 191. Demolition order 192. Failure to comply with building or plumbing order 193. Possession of building 194. Purchasing buildings and materials 195. Endorsements on certificates Division 3 - General matters 196. Orders to be made within certain period 197. Recovery of costs 198. Police assistance 199. Notification of completion of work 200. Amendment or revocation of building order 201. Compliance with regulations 202. Duration of order PART 12 - Appeals Division 1 - Building Appeal Board 203. Appeal Board 204. Functions of Appeal Board 205. Constitution of Appeal Board 206. Disqualification from acting as member 207. Powers of Appeal Board 208. Assistance to Appeal Board Division 2 - Matters for Appeal Board 209. Appeal relating to building and plumbing permits 210. Appeal relating to occupancy permit 211. Appeal relating to orders 212. Appeal relating to temporary occupancy permit 213. Appeal relating to protection work 214. Appeal relating to building surveyor 215. Appeal relating to permit authority 216. Appeal against change of building surveyor 217. Appeal relating to Fire Regulations 218. Application of regulations Division 3 - Procedures 219. Form of appeals and applications 220. Fresh hearing 221. General procedure 222. Attendance at hearings 223. Right of representation 224. Onus of proof in certain case 225. Oaths and affirmations 226. Costs 227. Decisions of Appeal Board 228. Form of determination 229. Supreme Court opinion PART 13 - Regulations Division 1 - Building Regulations 230. Building Regulations 231. Application of Building Regulations 232. Non-application of Building Regulations Division 2 - Plumbing Regulations 233. Plumbing Regulations Division 3 - General provisions 234. General provisions 235. Fees 236. Exemptions 237. Savings and transitional 238. Approval of Minister PART 14 - Miscellaneous Division 1 - Offences 239. Offences by bodies corporate 240. False and misleading statements 241. Offences relating to authorised persons 242. Offences relating to building surveyors Division 2 - Infringement notices 243. Service of infringement notice 244. Form of infringement notice 245. Acceptance of infringement notice 246. Extension of acceptance period 247. Payment 248. Payments to council or Consolidated Fund 249. Effect of acceptance 250. Withdrawal of infringement notice Division 3 - Liability 251. Immunity from liability 252. Apportioning liability in damages action 253. Recovery of contribution 254. Liability not affected 255. Limitation on taking building action 256. Accrual of cause of action 257. Relationship to other law Division 4 - Authorised persons 258. Access to and entry into premises 259. Powers of authorised persons 260. Delegation of powers Division 5 - Evidence 261. Evidentiary provisions 262. Evidence of occupancy permit 263. Evidence of final inspection 264. Evidence of compliance 265. Authentication of documents 266. Reliance on certificate of other person 267. Evidence relating to infringement notice Division 6 - General matters 268. Heating appliances 269. Improper use of information 270. Building permit levy 271. Establishment of Building Administration Fund 272. Records of levy payments 273. Additional orders 274. Provisions of other standards 275. Defence of compliance 276. Building compliance with Act 277. Plumbing compliance with Act 278. Registers 279. Administration of Act 280. Transitional and savings provisions 281. Acts repealed 282. Local Government (Building and Miscellaneous Provisions) Act 1993 amended 283. Statutory Rules rescinded SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4[ Note: This table has been automatically generated and may be incomplete. ]