Brief overview of the Building Act 2011
The Building Act 2011 (Act) provides flexibility and choice for both builders and consumers when making the suite of building applications.
Amongst other things, the Act separates the process of certifying that a building design complies with applicable building standards (generally the National Construction Code) from the administrative process of the Local Government (Permit Authority) issuing building approval in the form of a Building Permit.
For Building Permits, a Certificate of Design Compliance (CDC) is issued by a registered Building Surveyor, either in the private sector or as an employee of a Local Government. The CDC confirms that the proposed building design complies with all of the applicable building standards.
Once a CDC and all of the relevant documents have been provided to the Permit Authority and all other aspects of the Act have been satisfied, such as Planning and Health requirements, the Permit Authority can issue a Building Permit which allows the person named as the builder on the Building Permit to commence building works.
The Act also deals with matters such as Occupancy Permits, Demolition Permits, Retrospective Building Approval, inspections and compliance matters such as Building Orders and the process of application and approval as set out in the Act.
The Local Government administers the Building Act 2011, and the associated Building Regulations 2012 and has various powers to ensure compliance with it.
More information on building legislation and standards can be found on the Building Commission website.