Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 237

Building notice
(1)  A building surveyor engaged in respect of work on a building or temporary structure is to issue a building notice to the owner of the building or temporary structure where building work has been performed, or to the builder performing the work, if satisfied that –
(a) the work has been performed on the building without a building permit, or other valid authorisation, if required; or
(b) the work has been performed on the building or temporary structure in contravention of –
(i) a building permit, or other valid authorisation, in force in respect of the work; or
(ii) this Act or any other relevant Act in force at the time the work was performed; or
(c) the work is notifiable building work that has been performed on the building or temporary structure in contravention of –
(i) a certificate of likely compliance issued in respect of the work; or
(ii) a notice of work provided in respect of the work; or
(iii) this Act or any other relevant Act in force at the time the work was performed; or
(d) the work is low-risk building work that has been performed on the building or temporary structure in contravention of this Act, or any other relevant Act in force at the time the work was performed; or
(e) the use of the building or temporary structure contravenes this Act; or
(f) the building or temporary structure –
(i) is unfit for use or occupation; or
(ii) is a danger to users of the building or temporary structure, to users of adjoining land or to members of the public; or
(g) the essential building services of the building have not been maintained in accordance with the Building Regulations or any other relevant Act in force at the time the work was performed.
(2)  A permit authority of the relevant municipal area is to issue a building notice to the owner of a building or temporary structure if the permit authority is satisfied that a circumstance specified in subsection (1) exists in respect of a building or temporary structure.
(3)  A permit authority may perform any of the duties of a building surveyor under subsection (1) if the building surveyor resigns, dies or becomes incapable, for any reason, of performing that duty or those duties.
(4)  A building notice is to require the owner or builder to show cause within the prescribed period –
(a) why occupation of the building or temporary structure should not be prohibited; or
(b) why the owner or builder should not do either or both of the following things:
(i) evacuate the building or temporary structure;
(ii) perform building work or other work specified in the notice.
(5)  A building notice is to be in an approved form.
(6)  If a person issues a notice to an owner under this section, the person is to provide a copy of the notice to the responsible person for the building work.
(7)  If a person issues a notice to a builder under this section, the person is to provide a copy of the notice to the relevant owner.



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