Building Control Act · 2023 Revised Edition · Part · Control of Building Works
16. Occupation of buildings
Official textFrom Attorney General's Chambers, unchanged
Except as otherwise provided in this Act, no person shall occupy, permit or cause to be occupied, any building or any part thereof where any building works have been carried out unless the
Authority has issued an occupation permit in respect of that building or that part of the building.
Authority
“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
Subject to paragraph (a), an occupation permit shall only be granted if the building has satisfied the necessary conditions set out in the building regulations.
Nothing in subsection (1) shall prohibit —
the occupation by any person of any building or part thereof for the sole purpose of preventing any damage to the building or part thereof or any theft of any property therein; or
the occupation by any person of any building in respect of which a temporary occupation permit has been granted.
The Authority may, on an application in the prescribed manner in relation to any building, grant a temporary occupation permit in respect of the building subject to such written directions as the Authority may specify and, in particular, those written directions may —
prescribed
“prescribed” means prescribed in any regulations made under section 52.
limit the period for which the temporary occupation permit is granted;
require such work or alteration to the building to be carried out as may be specified to the satisfaction of the Authority; and
provide for the completion of the work or alteration before the expiration of a specified period.
Building Control 42
A temporary occupation permit shall only be prima facie evidence that a building is suitable for occupation and is and shall not be taken to be evidence of compliance with this Act, the building regulations or any other written law.
temporary occupation permit
“temporary occupation permit” means a temporary occupation permit granted under section 16(3);
The Authority may amend, suspend or, in the event of failure to comply with any written direction issued under subsection (3), revoke any temporary occupation permit.
Any person who contravenes subsection (1) or fails to comply with any written direction issued under subsection (3) is guilty of an offence and liable on conviction —
to a fine not exceeding $20,000, imprisonment for a term not exceeding 6 months or both; and
in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $1,000 for each day or part thereof the contravention or failure to comply continues, and if the contravention or failure to comply continues after the conviction, the person is guilty of a further offence and liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the contravention or failure to comply continues after conviction.
Terms defined in this Act
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
building regulations
Defined · s 2“building regulations” means any regulations made under section 74;
building works
Defined · s 2“building works” means — (a) the erection, extension or demolition of a building; (b) the alteration, addition or repair of a building; (c) the provision, extension or alteration of any air-conditioning service or ventilating system in or in connection with a building; (d) site formation works (which includes earthworks such as any act of excavation, levelling, cutting and filling with any material, piling, the construction of foundations, or site clearance, on any land, or any other act of dealing with or disturbing any land) which may or may not be connected with or carried out for the purpose of paragraph (a), (b) or (c); and (e) structural works.
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
temporary occupation permit
Defined · s 2“temporary occupation permit” means a temporary occupation permit granted under section 16(3);
Part
Retrofitting of Exterior Features
Part
Disability and Other Performance Requirements for Buildings
Part
Dangerous Buildings and Occurrences
Part
Inspection of Buildings
Part
Licensing of Builders
Part