Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 81

Effect of disagreement in relation to proposed protection work
(1)  If an adjoining owner notifies the owner of relevant premises that the adjoining owner disagrees with all, or part, of the proposed protection work, the owner of the relevant premises must –
(a) if the protection work relates to –
(i) building work or demolition work to be performed at the relevant premises, refer the matter to the building surveyor engaged in respect of the work; or
(ii) plumbing work to be performed at the relevant premises, refer the matter to the relevant permit authority; and
(b) inform the adjoining owner of the referral.
(2)  If a disagreement in relation to proposed protection work is referred to a building surveyor under subsection (1)(a)(i) , the building surveyor –
(a) may request any additional information from the owner of the relevant premises, or the adjoining owner, that the building surveyor thinks relevant; and
(b) is to provide a copy of any additional information received under paragraph (a) to the owner of the relevant premises and the adjoining owner; and
(c) is to make a determination as to how, and what type of, proposed protection work is to be performed.
(3)  If a disagreement in relation to proposed protection work is referred to a permit authority under subsection (1)(a)(ii) , the permit authority –
(a) may request any additional information from the owner of the relevant premises, or the adjoining owner, that the permit authority thinks relevant; and
(b) is to provide a copy of any additional information received under paragraph (a) to the owner of the relevant premises and the adjoining owner; and
(c) is to make a determination as to how, and what type of, proposed protection work is to be performed.
(4)  A person who makes a determination under subsection (2)(c) , or subsection (3)(c) , is to give a written copy of that determination to the owner of the relevant premises and each adjoining owner.



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