Building Control Act 1989 · 2020 Revised Edition · Part 2 · Control of Building Works
12. Occupation of buildings
Feedback & supportLast amended by an amending law of 2012. 2 amendments in all.
Except as otherwise provided in this Act, a person must not occupy, or permit or cause to be occupied, any building where any building works have been carried out unless the Commissioner of Building Control has issued a certificate of statutory completion in respect of that building.
building
“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)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;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)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;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
An application for a certificate of statutory completion in respect of any building must be made to the Commissioner of Building Control in the prescribed manner and accompanied by any certificates or written approvals required to be obtained in respect of the building that may be prescribed.
certificate of statutory completion
“certificate of statutory completion” means a certificate of statutory completion issued under section 12;
Nothing in subsection (1) prohibits —
the occupation by any person of any building for the sole purpose of preventing any damage to the building 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.
An application for a temporary occupation permit in respect of any building must be made to the Commissioner of Building Control in the prescribed manner and accompanied by any certificates or written approvals required to be obtained in respect of the building that may be prescribed.
temporary occupation permit
“temporary occupation permit” means a temporary occupation permit granted under section 12(3);
The Commissioner of Building Control 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 any written directions that the Commissioner of Building Control may specify and, in particular, those written directions may —
Commissioner of Building Control
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
limit the period for which the temporary occupation permit is granted;
require any work or alteration to the building to be carried out that may be specified to the satisfaction of the Commissioner of Building Control; and
provide for the completion of the work or alteration before the expiration of a specified period.
A temporary occupation permit is only prima facie evidence that a building is suitable for occupation and is not to be taken to be evidence of compliance with the provisions of this Act, the building regulations or any other written law.
building regulations
“building regulations” means any regulations made under section 49;
The Commissioner of Building Control 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) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to 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 of a day the contravention or failure to comply continues,and if the contravention or failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention or failure to comply continues after conviction.