Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 267

Demolition order
(1)  A council may serve, on the owner of premises on which building work that is the subject of a building order is situated, an order to demolish the building work, if –
(a) the owner fails to comply with –
(i) the building order; or
(ii) a permit of substantial compliance issued in respect of the work; or
(b) a building surveyor refuses to grant a certificate of substantial compliance in respect of the work; or
(c) a permit authority refuses to grant a permit of substantial compliance in respect of the work; or
(d) an appeal has not been instituted in respect of the building order and the order has not been complied with.
(2)  A council is to serve, on the owner of premises on which building work that is the subject of a building order is situated, an order to demolish the building work if satisfied that the building work –
(a) does not comply with this Act; and
(b) is detrimental to the safety and health of any occupant, or any future occupant, of the building or the public.
(3)  The council, or a person acting on its behalf, may enter onto land and demolish any building work in respect of which an order to demolish is served if –
(a) at least 21 days have expired since the day of service of the order; and
(b) the building work has not been demolished; and
(c) an appeal has not been instituted in respect of the order.
(4)  An order to demolish –
(a) is to be in an approved form; and
(b) may require the owner to clean up the premises to the satisfaction of a building surveyor within the prescribed period.


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