BUILDING ACT 2004 - SECT 39 Application for cancellation of building commencement notice

BUILDING ACT 2004 - SECT 39

    (1)     This section applies if a building commencement notice is in force for building work.

    (2)     The licensed builder mentioned in the building commencement notice—

        (a)     may apply, in writing, for cancellation of the building commencement notice; and

        (b)     if the builder does apply for its cancellation—must give to the owner of the parcel of the land where the work is being, or is to be, done—

              (i)     a copy of the application; and

              (ii)     a notice that states that the owner has 2 weeks (the representation time ) to make representations to the construction occupations registrar about whether the building commencement notice should be cancelled.

Note     If a form is approved under s 151 for an application, the form must be used.

    (3)     The application must explain why the building commencement notice should be cancelled.