Terms & Conditions Northern Territory

This page gives customers a helpful reference before starting the approval process or requesting guidance.

Tick of Approval – General Terms and Conditions of Engagement

Unless the Consultant agrees in writing, this Agreement applies to all Services the Consultant performs and prevail over any purchase order or other terms provided by the Client. The Client is deemed to accept these Terms when the Client accepts the Proposal or when the Consultant commences the Services at the request (written or otherwise) of the Client.

These Standard Terms and Conditions of Engagement are to be read in conjunction with our engagement letter.

1. Definitions:

Unless the context otherwise requires:

(1) Agreement means these general terms and conditions of engagement;

(2) Client means the person identified in the Proposal for whom the Consultant will perform the Services;

(3) Consultant means Tick of Approval Pty Ltd (ABN 77 167 721 520);

(4) Fee means the amount described in the Proposal payable for the provision of the Services as adjusted in accordance with this Agreement;

(5) Proposal means the proposal, purchase order, schedule or the like issued by the Consultant to the Client in respect of the Services;

(6) Services means the services described in the Proposal, as varied in accordance with this Agreement;

(7) including” is to be interpreted without limitation;

(8) a reference to a law includes any amendment or replacement of it from time to time, the singular includes the plural and the plural includes the singular, monetary amounts are to Australian dollars, a clause is to a clause of this Agreement, a party is to a party to this Agreement, and to a person includes a body corporate and a party’s executors, administrators, successors and permitted assigns;

(9) if an act must be done on a day which is not a working day, that act must be done the next working day; and

(10) no rule of construction applies to disadvantage the party responsible for preparing a provision of this Agreement.

(11) National Construction Code (NCC); The NCC is Australia’s primary set of technical design and construction provisions for buildings. As a performance-based code, it sets the minimum required level for the safety, health, amenity, accessibility and sustainability of certain buildings.

It primarily applies to the design and construction of new buildings, and plumbing and drainage systems in new and existing buildings. In some cases it may also apply to structures associated with buildings and new building work or new plumbing and drainage work in existing buildings.

(12) Northern Territory Building Act; An Act to provide for the establishing of technical standards for buildings, the registration of building practitioners and certifiers, the regulation of building matters, the granting of building permits and occupancy certification and the establishing of a building appeal process, and for related purposes.

(13) Northern Territory Building Regulations; Includes a code or other document adopted by the Regulations for the purposes of the Building Act.

(14) Building work means work for in connection with the construction, demolition or removal of

• A building; or

• Plumbing or drainage services, whether or not connected to a building.

2. Scope & Services:

(1) In consideration for the payment of the Fee, the Consultant must provide the Services:

a) using appropriately qualified and licensed personnel;

b) from and by any dates stated in the letter of engagement or as otherwise agreed by the parties; and

c) exercising the standard of skill, diligence and care expected of a professional consultant experienced in providing services similar to the Services.

(2) Tick of Approval Pty Ltd (consultant) including its nominees are registered with the NT Building Practitioners Board (Restricted and Unrestricted) under the category as ‘Building Certifier’.

(3) Under NT legislation, a building certifier is an independent regulatory authority.

A building certifiers role includes:

a) assessing building permit applications;

b) granting building permits;

c) doing site inspections of buildings and building work;

d) issuing occupancy certification when the work is completed and meets the technical standards.

A building certifier is not a site supervisor or project manager.

Inspections carried out by the building certifier do not replace day-to-day supervision of the building work. This remains the sole responsibility of the nominated builder.

(4) The initial documents requested at the time of the letter of engagement are subject to change upon assessment of the proposed building works against the National Construction Code and NT Legislative requirements.

(5) Service and Reporting Authority Reports and fees (if required by the NT Building Act & Regulations) are not included in the above quotation. It is the responsibility of the Client to pay for any fees directly with the Service and Reporting Authorities.

(6) The letter of engagement is limited to the technical assessment against the National Construction Code; Building Code of Australia 2022 - Amendment 2 (Deemed-to-Satisfy) provisions.

(7) All Building Permits are valid for 2 years from date of issue. An extension of time may be granted if the applicant applies in writing prior to the Building Permit lapsing. An additional fee will be charged for the Extension of time.

(8) Tick of Approval (consultant) reserves the statutory right to issue non-compliance notice or stop works notice under the NT Building Act if defects are identified or inspections stages have been missed.

(9) Tick of Approval (consultant) reserves the statutory right to issue a building notice under the NT Building Act Clause 108, if the certifier is of the opinion, building work has been carried out on the building without the required building permit, its use contravenes the Act and Regulations, is unfit for occupation or it is a danger to its users or the users of adjoining properties.

3. Prescribed Inspection Stages:

(1) All reasonable care has been taken to accurately estimate the number of inspections required for the building works.

(2) At least 1 working day notification is required for inspections.

(3) The person who is carrying out or is in charge of carrying out building works under a building permit must notify the building certifier when building work has reached the prescribed inspection stage.

(4) The person who is carrying out or is in charge of carrying out building works must not progress past the prescribed inspection stages nominated on the second page of the building permit without oral or written confirmation.

(5) The Building Act contains provisions permitting the building certifier to do anything that is deemed reasonably necessary to be done, including testing buildings work, in order to be satisfied the building work meets the technical standards (i.e. data captured via drone or camera etc.).

(6) The building certifier may, after inspection building works direct the person who is carrying out or is in charge of carrying out building works to carry out works so that the building work complies with the relevant building permit, NT Building Act & Regulations.

4. Client Obligations & Access:

(1) The client acknowledges on acceptance of the letter of engagement the minimum expected timeframe (subject to compliance with the NT Building Act and Regulations) is 3 weeks from receipt of all requested documents.

(2) It is the owner or owner’s agents’ responsibility to provide the initial documents as listed within our engagement letter.

(3) In accordance with the NT Building Regulations, Reg 7 the Client has 40 days from making an application for building permit to provide the additional information.

(4) It is the client’s responsibility to provide drawings to a minimum standard, meeting with the requirements of the NT Building Act & Regulations.

(5) The Client acknowledges building works are not to start until the Building Permit has been issued.

(6) The Client must familiarize themselves with the stamped approved Building Permit including manufacturers requirements for approved products.

(8) It is the owner or owner’s agent’s responsibility to ensure safe access is provided to the property.

(9) It is the responsibility of the owner or owner's agent to ensure construction is undertaken in accordance with the approved plans, including any condition imposed. No alteration, variation, or departure from this permit, including the drawings or conditions is permitted unless an Amendment to the Building Permit is issued prior to the commencement of the building works.

(10) It is the responsibility of the owner-builder to familiarize themselves with their responsibilities and obligations under NT law.

(11) The letter of engagement does not cover NT Work Health and Safety Legislation (NT WorkSafe), this remains the full responsibility of the owner/occupier. It is the Principal Contractors or Owners responsibility to provide a safe working environment to the construction site in accordance with the Work Health and Safety Act and Regulations, including relevant Australian Standards, and Codes and practice. Where a construction site is deemed unsafe or hazards are present, we have the right to refuse entry to site and refuse to undertake inspections.

(12) The building or any part of the building must not be occupied without Occupancy Certification being issued by the Building Certifier.

5. Fees, Amendments, Re-Inspections:

(1) In addition to the fees outlined in this agreement, the client agrees to pay an additional service requested beyond the agreed-upon scope of work. These additional services will be billed at a rate of $275.00 per hour. The provider will notify the client prior to incurring additional costs exceeding $275.00 and obtain the client’s written approval before proceeding.

(2) We reserve the right to -

(a) increase our prices annually, with 30 days’ notice, to reflect changes in our operating costs.

(b) suspend services if any invoice is more than 14 days overdue;

- failure of client to comply with regulatory requirements (including requests for required documentation) rendering contract unforce able due to non-compliance, or

- vitiating factors: such as duress, undue influence, unconscionable conduct, or misleading/deceptive behavior.

(3) The client acknowledges that the Title Search, dealing (if any), Administration Service Fees and the lodgment of permits/documents with Building Advisory Services (BAS) are non-refundable in all circumstances.

(4) Payment of the Title Search, dealing (if any) & Administration Fees are required within 7 days of acceptance of this agreement.

(5) Invoices are required to be paid in full as services are delivered and payment terms are strictly 7 days (unless otherwise agreed upon). This includes one (1) friendly reminder that your account is now overdue.

If payment is not received with 7 days from your friendly reminder, then you will be charged a $27.50 per week finance charge to cover administration costs on your account (unless otherwise agreed).

(6) Sundry items may incur additional costs. To be advised at the time of invoice.

(7) Any expenses or disbursements incurred by Tick of Approval Pty Ltd in recovering outstanding monies, including debt collection, agency fees and solicitor fees shall be paid by the client.

(8) Any drafting/drawing, if required and prepared by TOA, will incur a minimum charge of $330.00 per hour.

(9) In addition to the fees outlined in this agreement, the client agrees to pay an additional service requested beyond the agreed-upon scope of work. These additional services will be billed at a rate of $275.00 per hour. The provider will notify the client prior to incurring additional costs exceeding $275.00 and obtain the client’s written approval before proceeding.

(10) The minimum number of lodgments with the Building Advisory Service (BAS) nominated within our letter of engagement is the Building Permit & Occupancy Certification. Additional lodgment fees may apply for lodgment of Inspection Certificates, Amendments, Staged or Part approvals.

(11) Failed inspections will be charged as per the inspection rate nominated within the letter of engagement.

(12) Re-Inspections (if required), failure to cancel an inspection or a site deemed unsafe by the building inspector will be charged as per the inspection rate nominated within the letter of engagement.

(13) Amendments to the Building Permit will incur an additional charge. Pricing is based on the time required to re-assess against the Building Code of Australia. Price on application.

(14) Tick of Approval will not lodge occupancy certification with the Director of Building Control, until all outstanding certification fees are paid in full.

6. Insurance:

(1) Tick of Approval Pty Ltd will maintain professional indemnity, public liability and workers compensation insurances.

(2) On request, the Consultant will provide certificates of currency evidencing the Consultant’s insurance.

7. Liability & Indemnity:

(1) Tick of Approval will not be liable for any failure or delay in performing the Services if that failure or delay arises from anything beyond our control or could not be foreseen at the time of commencement of our engagement, including the untimely performance or non-performance by You of your obligations, in which case, Tick of Approval is entitled to review its fees and, if the delay is substantial, terminate this agreement.

(2) Tick of Approval is not responsible or liable for losses arising from builder insolvency, defective building products or weather delays.

(3) In the event of any claim arising against Tick of Approval, its employees, or sub-contractors the liability is limited to the value of the fee offer.

(4) Tick of Approval does not accept any responsibility or liability where reports, permits etc. are used without written our permission.

8. Termination:

(1) The letter of engagement is based on accurate and complete information supplied by the client. Where this is not the case Tick of Approval reserves the right to cancel the existing contract without penalty, amend, issue, or refuse to issue a new quotation at its sole discretion.

(2) Either party may, without prejudice to any other right or remedy it has, by written notice served on the other party (Defaulter) terminate this Agreement:

a) if the Defaulter is in breach of this Agreement and the breach has not been remedied within 14 days of receipt of a notice specifying the breach and requiring the breach to be remedied; or

b) if the Defaulter is unable to pay its debts as and when they fall due, is subject to any official management, receivership, liquidation, provisional liquidation, voluntary administration, winding up or external administration or is otherwise insolvent or the subject of an analogous event.

(3) In accordance with the NT Building Regulations, Reg 7 the Client has 40 days from making an application for building permit

to provide the additional information. Failure to provide the additional information may result in the termination of this agreement.

(4) Termination of this agreement will result in a cancellation fee. The amount of the cancellation fee will be equal to 10% of the quotation or $330.00, whichever is greater.

(5) In accordance with the NT Building Act Section 44 & 45, if the agreement is terminated, the client remains liable for all work completed up to the date of termination, and formal notification

9. Confidentiality:

(1) In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed by law, or with your consent.

(2) Both Tick of Approval and the client agree to take reasonable steps to maintain the confidentiality of any proprietary or confidential information of the other party. This clause does not preclude any disclosure required by law or by a court or other tribunal, regulations (including those made under the Corporations Act), professional duty or as is requested by regulatory authorities.

(3) Neither party may disclose to any third party or use for any purpose (other than providing or benefiting from the Services) any confidential information provided by the other unless required by law, the information is already in the public domain without a breach by the receiving party of its obligations under this Agreement, or the other party consents to the disclosure.

Need help with building certification, compliance or approvals? Call (08) 8947 2465 to speak with the team and take the next step with confidence.