South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In this
regulation—
"notice of completion" means a notice of completion of building work under
regulation 74(1)(d).
(2) Subject to
subregulation (3), this regulation applies to all classes of building
under the Building Code constructed 1 pursuant to a building rules consent
granted on or after 1 October 2003.
(3) This regulation
does not apply to a Class 10 building under the Building Code .
(4) Subject to
subregulation (5), if building work is carried out in a case where this
regulation applies, a duly completed Statement of Compliance under Schedule
19A must be provided to the relevant authority under subregulation (6)
within 10 business days after a notice of completion with respect to the
building work is given.
(5) If a Class 1a
building under the Building Code (or part of such a building) has not been
previously occupied and the building (or part) is occupied before a notice
of completion with respect to the building work has been given, a duly
completed Statement of Compliance must be provided to the relevant authority
under subregulation (6) within 10 business days after the building (or
part) is occupied.
(6) For the purposes
of subregulation (4) or (5), the relevant authority is—
(a) if a
private certifier was the relevant authority for the purposes of the
assessment of the building work against the provisions of the Building
Rules—that private certifier;
(b) in
any other case—the council.
(7) A Statement of
Compliance provided under this regulation must be accompanied by any
certificates, reports or other documents that the relevant authority, by
written notice issued at the time that the relevant building rules consent was
given, indicated would need to be furnished at the time of the provision of
the statement under this regulation.
(8) A Statement of
Compliance must be completed as follows:
(a) Part
A of the statement must be signed by the licensed building work contractor
responsible for carrying out the relevant building work or, if there is no
such person, by a registered building work supervisor or a private certifier;
(b) Part
B must be signed by the owner of the relevant land, or by someone acting on
his or her behalf.
(9) For the purposes
of subregulation (8)(a), a licensed building
work contractor (the "contractor") will be taken to be responsible for
carrying out building work if the contractor has responsibility for—
(a)
performing the work; or
(b)
engaging another person to perform the work in a situation where the
contractor retains overall responsibility for the work.
(10) For the purposes
of Part A of the Statement of Compliance,
"service connections" are connections to any of the following:
(a) a
public electricity source;
(b) a
public water supply;
(c) a
public sewer;
(d) a
septic tank drainage system;
(e) a
public telecommunications system;
(f) any
other public service or facility provided by an authority or utility.
(11) If a requirement
of this regulation is not complied with, the owner of the relevant land is
guilty of an offence unless he or she establishes that the failure to comply
with the relevant requirement is due to the act or omission of another person.
Maximum penalty: $4 000.
Note—
1 See
definition of "construct" under the Act.