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Building Control Act 1989 · s 5AB

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s 5ABDeviations from lodged building plans

(1)

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 —

(a)

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

(b)

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

(i)

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

(ii)

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The first deemed approval under section 5AA of the plans of any lodgment works ends and is superseded to the extent that the plans of the proposed departure or deviation relating to those lodgment works are approved or deemed approved by the Commissioner of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.