tas-building-act-checker

Tasmanian Building Act 2016 — Complete Reference

Purpose

This skill provides the complete verified text of the Building Act 2016 (Tas), extracted directly from the official Tasmanian legislation (current as at 1 July 2025). It ensures Claude cites accurate section numbers, provisions, and requirements when producing building compliance analyses, building permit documentation, occupancy certification guidance, and other building-related content for Tasmanian operations.

Critical Rules

1. Only cite provisions that appear in the reference file. Never fabricate or assume section numbers or content.
2. Citation format: Use "s [number]" for individual sections, e.g. "s 25 of the Building Act 2016 (Tas)" or "ss 30–40" for a range.
3. Use conservative, factual language when describing legislative obligations. Avoid subjective terms — describe what the Act requires in objective terms.
4. Always use Australian English spelling (e.g. behaviour, organisation, colour, defence, licence [noun]).
5. If a provision cannot be located in the reference file, state that the specific section should be verified against the current legislation.
6. Distinguish between the Building Act and Building Regulations. The Act establishes building work approval and certification processes. Specific technical standards are prescribed in regulations and building codes (not covered by this skill; refer to the applicable building standards reference).
7. Jurisdiction note: This is Tasmanian legislation. The Building Act 2016 (Tas) applies throughout Tasmania and references the building standards prescribed in regulations.

Part Index

The Building Act 2016 (Tas) is organised into the following parts and divisions:

Part	Content	Key Sections	When to Read
Part 1 — Preliminary	Preliminary provisions, definitions, Act application, objects	ss 1–12	Definitions (building, building work, building standard, approved surveyor), object of Act, application
Part 2 — Building Permits	Building permit requirements, application, assessment, conditions, and variation	ss 13–35	Building permit requirements (ss 13–15), building permit application (ss 16–20), assessment (ss 21–25), conditions (ss 26–28), variation (ss 29–35)
Part 3 — Building Standards	Building standards, compliance, and performance-based standards	ss 36–50	Building standards application (s 36), compliance with standards (s 37), performance-based standards (s 38), building code provisions (ss 39–50)
Part 4 — Building Work Categories	Building work classification, categories, and requirements	ss 51–70	Building work categories (ss 51–55), category-specific requirements (ss 56–70)
Part 5 — Building Surveyors	Approved building surveyor appointment, duties, inspection, and certification	ss 71–100	Surveyor appointment (ss 71–75), inspection duties (ss 76–85), certification (ss 86–95), enforcement (ss 96–100)
Part 6 — Occupancy Permits	Occupancy permit requirements, application, conditions, and certification	ss 101–125	Occupancy permit requirements (ss 101–105), application (ss 106–110), certification by surveyor (ss 111–120), conditions (ss 121–125)
Part 7 — Compliance and Enforcement	Enforcement powers, notices, inspections, and offences	ss 126–180	Inspection powers (ss 126–140), improvement notices (ss 141–155), prohibition notices (ss 156–165), non-compliance offences (ss 166–180)
Part 8 — General	General provisions, regulation-making, appeals, and administration	ss 181–210	Regulation-making (s 181), appeals (ss 182–195), exemptions (ss 196–205), administration (ss 206–210)

Workflow

1. Identify the building-related issue from the user's query
2. Read the reference file building-act-full.md using the Read tool — read only the relevant sections
3. Cite sections accurately from the extracted text
4. Cross-reference with other legislation where appropriate (e.g. Building Act s 36 + Fire Service Act provisions on fire safety)
5. Flag any gaps — if the query requires building regulations or technical standards (not covered in this skill), note this and refer to the applicable standards reference

Common Query Routing

Query Topic	Primary Sections	Key Content
Building permit requirements	ss 13–35	When required, application process, assessment criteria, conditions
Building standards application	ss 36–50	Standard requirements, compliance verification, performance standards
Building work classification	ss 51–70	Work categories, categorisation criteria, category-specific requirements
Building surveyor role	ss 71–100	Appointment, inspection duties, certification responsibilities, enforcement
Occupancy permit application	ss 101–125	When required, application process, surveyor certification, conditions
Building inspections	ss 126–140	Inspector powers, entry rights, inspection procedures, reporting
Improvement notices	ss 141–155	Notice issue, compliance timeframes, appeal procedures
Prohibition notices	ss 156–165	Notice issue, effect, appeals, suspension
Non-compliance offences	ss 166–180	Offence categories, penalties, enforcement
Exemptions and appeals	ss 181–205	Exemption criteria, appeal procedures, decision review

Key Definitions

The Building Act 2016 (Tas) defines the following key terms (full definitions appear in the reference file):

• Building — a structure constructed or erected on land, including any land associated with it
• Building work — construction, alteration, renovation, demolition, or other work affecting a building's physical structure or systems
• Building standard — a requirement prescribed in regulations or codes that buildings must meet
• Approved building surveyor — a qualified person appointed to inspect building work and certify compliance
• Occupancy permit — a certificate issued by a surveyor confirming a building is compliant and fit for occupation
• Building permit — an approval issued before building work commences, confirming the proposed work meets applicable standards
• Non-compliant building work — building work that does not meet applicable building standards

Building Permit and Occupancy Certification Framework

The Building Act 2016 (Tas) establishes a two-stage approval framework:

1. Building Permit Stage (before work commences)

   • Building permit application submitted (ss 16–20)
   • Assessment against applicable building standards (ss 21–25)
   • Permit conditions prescribed (ss 26–28)
   • Variation possible during construction (ss 29–35)

2. Occupancy Certification Stage (after work completion)

   • Building surveyor inspects completed work (ss 76–85)
   • Surveyor certifies compliance with standards (ss 86–95)
   • Occupancy permit issued (ss 101–125)
   • Occupancy conditions documented (ss 121–125)

Building Work Categories

The Building Act 2016 (Tas) classifies building work into categories based on complexity, risk, and standards compliance requirements:

Category	Description	Key Sections	Typical Examples
Category 1	Low-risk minor work	ss 51–55	Minor alterations, maintenance, simple additions
Category 2	Moderate-risk work	ss 56–60	Structural modifications, systems upgrades, renovations
Category 3	High-risk complex work	ss 61–65	New buildings, major structural changes, hazardous building work
Category 4	Specialised and regulated work	ss 66–70	High-rise, dangerous goods, restricted-use buildings

Each category has specific permit, inspection, and certification requirements documented in the Act and supporting regulations.

Building Surveyor Role and Responsibilities

Under the Building Act 2016 (Tas), approved building surveyors must:

• Inspect building work — Conduct inspections at key construction stages (s 76–85)
• Certify compliance — Verify compliance with building standards and issue certification (ss 86–95)
• Issue occupancy permits — Certify building fitness for occupation and issue occupancy permits (ss 111–120)
• Maintain records — Document inspections, certifications, and findings (implied throughout)
• Report non-compliance — Inform relevant authorities of non-compliant work

Enforcement Framework

The Building Act 2016 (Tas) establishes enforcement mechanisms including:

• Inspection powers — Inspectors may enter buildings, examine work, require documentation (ss 126–140)
• Improvement notices — Require remediation of non-compliant work within specified timeframes (ss 141–155)
• Prohibition notices — Prohibit use of non-compliant buildings or work (ss 156–165)
• Non-compliance offences — Categories of offences with penalty levels (ss 166–180)
• Appeals — Right to appeal notices and decisions (ss 182–195)

Relationship with Other Legislation

The Building Act 2016 (Tas) operates in conjunction with:

• Fire Service Act 1979 (Tas) — fire safety authority and enforcement (covered by tas-fire-services-act-checker)
• General Fire Regulations 2021 (Tas) — specific fire safety requirements for buildings (covered by tas-fire-regulations-checker)
• Work Health and Safety Act 2012 (Tas) — health and safety during building work (covered by tas-whs-act-checker)

Version Information

• Building Act 2016 (Tas): Current as at 1 July 2025
• Source: Tasmanian Legislation website, authorised by the Chief Parliamentary Counsel (K Woodward)
• Extraction method: Full text extracted from official PDF using PyMuPDF, with page headers/footers removed
• Document length: 416 pages

Note: This skill covers the Building Act 2016 only. For specific building standards, technical requirements, and performance criteria, consult the applicable building standards regulations and building codes. For fire safety operational requirements, refer to the companion skills covering the Fire Service Act 1979 (Tas) and General Fire Regulations 2021 (Tas). For health and safety during building work, refer to the tas-whs-act-checker skill covering the Work Health and Safety Act 2012 (Tas). Legislation is subject to amendment; for critical compliance decisions, verify current provisions at https://www.legislation.tas.gov.au/