Page 5649 - Week 15 - Thursday, 10 December 2009
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(b) a building surveyor licensed under the Construction Occupations (Licensing) Act when providing a works assessment service.
An applicant for unit title application may apply in writing to a unit title assessor for a unit title assessment report. The application must include any details or material prescribed by regulation.
If a unit title assessor receives an application and the unit title assessor agrees to undertake the work, the unit title assessor must prepare a unit title assessment report and give it to the applicant; and not later than five working days after the day the assessor gives the report to the applicant must also give a copy of the report to the Planning and Land Authority. The unit title assessor may refuse to prepare and provide a report if the unit title assessor does not have enough information.
If, after taking reasonable steps, an applicant cannot find a unit title assessor who will agree to prepare a unit title assessment report, the applicant may apply to the construction occupations registrar to appoint a unit title assessor to prepare a unit title assessment report. A regulation may prescribe the requirements for a unit title assessment report.
A unit title assessor may, by written notice, ask the applicant to give the unit title assessor further information in relation to an application for a unit title assessment report and new section 22D sets out the requirements for a request for further information. If the applicant fails to provide some or all of the information in accordance with the request, the unit title assessor may refuse to provide a unit title assessment report. A request for further information may require the applicant to confirm all or part of any information provided by statutory declaration and an applicant has at least 20 working days. If a shorter period is prescribed by regulation, the applicant has the shorter period within which to provide the further information. The unit title assessor may, on application, extend the period within which the further information must be provided once only, for a period not longer than 20 working days. A unit title assessor may refuse to prepare and provide a unit title assessment report under section 22B if the applicant has not provided some or all of the information by the end of the period stated in the request.
New section 22F provides the Planning and Land Authority with the power to require an applicant to provide further information if it is needed for the authority to be able to decide the application under the UTA and the authority believes on reasonable grounds that the further information will help the authority to decide the application.
New section 22G sets out what is the required content of a request for further information by the authority. A request for further information must state the period in which the further information must be provided and that the applicant need not provide the further information. But, if the applicant fails to provide some or all of the information in accordance with the request, the authority may refuse to approve the unit title application. The period within which the further information must be provided must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period. The authority may extend the period within which the further information must be provided once only, and again for a period not longer than 20 working days.
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