Clause 4

Despite section 5, the plans of any lodgment works are deemed approved by the Commissioner of Building Control, if all of the conditions in subsection (2) are satisfied.(2) The conditions mentioned in subsection (1) are as follows:

the developer of the lodgment works has lodged the plans of the lodgment works, together with the prescribed lodgment fee (if any) and information and documents prescribed under subsection (7)(b), with the Commissioner of Building Control;

the plans comply with all prescribed requirements in this Act and the building regulations that are applicable to such plans;

the developer has obtained a written acknowledgment of the lodgment from the Commissioner of Building Control.(3) The Commissioner of Building Control may issue a written acknowledgment to the developer without checking the plans and design calculations of the lodgment works, on the basis of the information and documents prescribed under subsection (7)(b) that are submitted with the plans.(4) To avoid doubt, the written acknowledgment is only evidence that the plans of the lodgment works have been lodged with the Commissioner of Building Control, and is not evidence that the plans comply with the prescribed requirements mentioned in subsection (2)(b).(5) Without affecting subsection (3), if the Commissioner of Building Control is of the view that the plans of the lodgment works lodged with him or her do not comply with any prescribed requirement mentioned in subsection (2)(b), he or she may —

refuse to accept any further lodgment of the plans of those lodgment works; and

direct the developer of the lodgment works to apply under section 5 for approval of the plans instead.(6) Nothing in this section prevents a developer from applying under section 5 for approval of the plans of any lodgment works, instead of lodging the plans of those works with the Commissioner of Building Control under this section.(7) The building regulations may —

prescribe as lodgment works any class of building works that have been assessed as suitable to be so prescribed because they are less complex building works; and

prescribe the matters to be submitted with the plans for lodgment works (including any amended plans), including but not limited to —

the lodgment fee, if any;

the information or documents to be submitted with the plans or amended plans;

the timelines for making the plans or amended plans; and

the requirements that the plans or amended plans of the lodgment works must comply with.Deviations from lodged building plans5AB.—

Where the plans of any lodgment works are deemed approved under section 5AA and the developer of the lodgment works intends to depart or deviate from the plans, then —

if the departure or deviation results in the building works no longer being lodgment works, the developer must apply under section 5 for approval of the plans of the proposed departure or deviation; or

if paragraph (a) does not apply, the developer must —

comply with the conditions in section 5AA(2) in relation to the amended plans, and section 5AA applies accordingly in relation to such plans; or

apply under section 5 for approval of the plans of the proposed departure or deviation.(2) The first deemed approval under section 5AA of the plans of any lodgment works ends and is superseded to the extent that the plans of the proposed departure or deviation relating to those lodgment works are approved or deemed approved by the Commissioner of Building Control under section 5 or 5AA, as the case may be.”.