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Building Alert

Changes to the Building Act 1993 - Part 8 enforcement and the provision for service

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

The Building Amendment (Enforcement and Other Measures) Act 2017 has resulted in a number of provisions of the Building Act 1993 (“Act”) being amended on 16 August 2017.  

Part 8 of the Act (enforcement of safety and building standards), and section 236 of the Act (service of documents - generally) which are of great importance to building enforcement at a local government level have significantly changed since 16 August 2017.  

Building Notices - Section 106 of the Act, being the provision which provides for when a building notice may be served on an owner was amended on 16 August 2017.  The amendment introduces a new basis upon which to issue a building notice.  Section 108 of the Act which outlines what a building notice can require an owner to show cause in respect of was also amended on 16 August 2017.

Building Orders - Provisions relating to building orders were also amended on 16 August 2017 as follows:

  • Section 111 of the Act, building orders – general;
  • Section 112 of the Act, building orders to stop work;
  • Section 113 of the Act, building orders – minor work; and
  • Section 116 of the Act, amendment or cancellation of certain building orders.

Emergency Orders - As a result of the amendments, Part 8 – Division 1 (Emergencies) has been substituted with a new Division 1.  The following are some notable provisions:

  • Section 103 of the Act, orders to vacate;
  • Section 104 of the Act, orders to owners, occupiers or builders;
  • Section 105A of the Act, duration of order; and 
  • Section 105B of the Act, cancellation of emergency order.

Service – Section 236 of the Act, being the provision for service, was also amended.  Now there are additional methods in which documents may be served or given pursuant to the Act.

This attached checklist is intended to assist in the service of documents pursuant to the amendments to section 236 of the Act, for example building notices and building orders.

We have also prepared various checklists to assist councils, namely, Municipal Building Surveyors and their delegates in the drafting of building notices, building orders, building orders for minor work, building orders to stop work and emergency orders.  Please contact us if you would like a copy of the building notice checklist or a copy of the various building order checklists.

Should you require any further advice or assistance regarding the 16 August 2017 amendments please do not hesitate to contact our Statutory Building and Prosecution Team: Ian PridgeonMarcus HeathDaniel Silfo and Elizabeth Flanagan