Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If building work involving the erection or alteration of a building has been completed in accordance with the prescribed requirements for the building work, the construction occupations registrar must, on application by the owner of the parcel of land where the building work was carried out, issue a certificate that the building work has been completed in accordance with the requirements and that the building as erected or as altered is fit for occupation and use as a building of the class stated in the approved plans for that building work.
(2) If building work involving the erection or alteration of a building as completed is not strictly in accordance with the prescribed requirements for the building work but is substantially in accordance with the requirements, the construction occupations registrar may, on application made by the owner of the parcel of land where the building work has been carried out, issue a certificate that the building as erected or as altered is fit for occupation and use as a building of the class stated in the approved plans for that building work.
(2A) The owner of a parcel of land where building work was carried out may apply for a certificate under subsection (2B).
Note If a form is approved under s 151 for the application, the form must be used.
(2B) The construction occupations registrar may issue a certificate in relation to a building that the building as erected or altered is fit for occupation and use as a building of the class stated in the certificate if—
(a) the registrar is not satisfied on reasonable grounds that building work involving the erection or alteration of the building has been completed in accordance, or substantially in accordance, with the prescribed requirements for the building work; and
Note Prescribed requirements —see s 66.
(b) the applicant has completed any certification process prescribed by regulation in relation to the building or building work; and
(c) the building, or building work, is not excluded by regulation from this subsection.
(2C) A certificate mentioned in subsection (2B) in relation to a building must include a statement to the effect that—
(a) the construction occupations registrar is not satisfied on reasonable grounds that building work involving the erection or alteration of the building has been completed in accordance, or substantially in accordance, with the prescribed requirements for the building work; and
Note Prescribed requirements —see s 66.
(b) the giving of the certificate does not affect the liability of anyone to comply with the provisions of a territory law (including this Act) in relation to the building; and
Note See s 68 (Effect of certificates under div 5.1).
(c) part 6 (Residential buildings—statutory warranties, insurance and fidelity certificates) may not apply to the building work.
(3) If part of a building has been erected in accordance with the prescribed requirements so far as they relate to the part of the building, the construction occupations registrar may, on an application made by the owner of a parcel of land where the building is being erected, issue a certificate that the part of the building is fit for occupation and use as a part of a building of the class stated in the approved plans in relation to the building work.
(4) For this section—
(a) a certificate under the Water and Sewerage Act 2000 that the plumbing, sewerage and drainage work carried out in building work complies with the prescribed requirements for the building work relating to plumbing, sewerage and drainage work is evidence of the fact; and
(b) a certificate signed by an inspector under the Electricity Safety Act 1971 certifying that the electrical wiring work, as defined by the Electricity Safety Act 1971 , carried out in the building work complies with the prescribed requirements for the building work relating to the electrical wiring work is evidence of the fact.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).