Legislative Assembly for the ACT: 2017 Week 11 Hansard (Thursday, 21 September 2017) . . Page.. 4139 ..
Answers to questions
(Question No 373)
Ms Lee asked the Minister for Planning and Land Management, upon notice, on 4 August 2017:
(1) Who is responsible for verifying that new constructed buildings are compliant with rules outlined in the Territory Plan.
(2) If a property is not compliant with rules of the Territory Plan, is it unable to attain a Certificate of Occupancy.
(3) If a property has received a Certificate of Occupancy in spite of non-compliance with the rules of the Territory Plan, what are the repercussions.
(4) Are certifiers responsible for ensuring new single dwelling houses in residential zones are compliant with Rule 43 of the Single Housing Development Code; if not, who is responsible for ensuring properties comply with Rule 43 of the Single Housing Development Code.
(5) Is a property ineligible for a Certificate of Occupancy, if that property is not compliant with Rule 43 of the Single Housing Development Code; if not, then what mechanism is in place to ensure that new constructions comply with Territory Plan rules, particularly Rule 43 of the Single Housing Development Code.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The planning and land authority assess and determine development applications, by considering, among other matters, the proposed development’s compliance with the Territory Plan. The appointed certifier for the building application then has the responsibility to ensure that the constructed building comply with the initial development approval.
(2) If a proposed development does not comply with the rules of the Territory Plan, and if the relevant rules are not mandatory, it is open to the proponent to rely on relevant criteria. If the proposed development does not comply with the rules or the criteria it would not be able to get development approval, and therefore a building approval and associated certificate of occupancy should also not be approved.
(3) A Certificate of Occupancy (COU) is issued under the Building Act 2004 (the Act) when building work is determined by a private certifier to be substantially in accordance with the prescribed requirements of the Act. The building approval process requires the appointed building certifier to ensure that the building approval is undertaken in accordance with the development approval granted previously. If there is alleged non-compliance then Access Canberra uses a risk based regulatory approach. Repercussions may include a requirement for a new development approval, works to be done to comply with the existing development approval or if deemed serious enough an investigation may be undertaken by Access Canberra and disciplinary action may be taken against the building certifier.