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Building Alert

Amendments to the Building Act 1993 on 16 August 2017

| Published by Daniel Silfo, Marcus Heath, Elizabeth Flanagan, Ian Pridgeon

The Building Amendment (Enforcement and Other Measures) Act 2017 (“Amendment Act”) which received royal assent on 23 May 2017, proposes amendments to the Building Act 1993 (“Act”).

On 1 August 2017 it was proclaimed that various sections of the Amendment Act will come into operation on 16 August 2017.  Changes to the Act which are particularly relevant to local government level and which will come into operation on 16 August 2017 include:

  • changes to section 37H of the Act - offences relating to compliance with directions;
  • changes to Part 8 – Division 1 of the Act – Emergency Orders;  
  • changes relating to what building notices and building orders can require;
  • the introduction of a new subsection 116(4) to section 116 of the Act relating to amendments or cancellations of certain building orders;
  • changes to section 146 of the Act – effect of decision under appeal;
  • changes to section 236 of the Act, being the service provision;
  • section 241(7) has been amended with regard to when proceedings under the Act and the Building Interim Regulations 2017 can be commenced;
  • a new section 251A has been introduced which enables an owners corporation to carry out work at a lot; and
  • the introduction of a new subsection 212(1A) of the Act, which relates to the obligations of councils.

This attached document is a comprehensive list of the sections of the Act to be amended on 16 August 2017.  The document summarises the Act as it currently is from 16 August 2017, and commentary on the amendments. 

Should you require any further advice or assistance regarding the amendments please do not hesitate to contact our Statutory Building and Prosecution Team: Ian Pridgeon, Daniel Silfo, Marcus Heath and Elizabeth Flanagan

To download an electronic copy of this Alert, click here.