BUILDING ACT 2004 - SECT 53 Stop notices
BUILDING ACT 2004 - SECT 53
Stop notices(1) This section applies if building work is being, or is to be, carried out—
(a) without a building approval having been issued for the work; or
(b) otherwise than in accordance with the approved plans for the building work; or
(c) in accordance with a building approval that is, or part of which is, defective because it contains information that—
(i) is false, misleading or inaccurate in a material respect; or
(ii) conflicts with other information in the approval so that carrying out building work, or site work that materially affects the building work, in accordance with the approval or part—
(A) is not physically possible; or
(B) is unlikely to be physically possible without amending the building approval; or
(C) is likely to contravene this Act, another territory law or a condition of a consent that applies to the building work or a lease, licence, permit or other authority that applies to the land where the building work is being carried out; or
(d) contrary to a provision of this Act relating to the building work; or
(e) if the building work is being carried out on a parcel of land held under lease from the Commonwealth—contrary to a provision, covenant or condition of the lease; or
(f) for building work forming part of a development requiring development approval—without development approval; or
(g) for building work forming part of a development with development approval—contrary to the approval, or a condition of the approval; or
(h) for building work for an exempt building—so that the building, or part of the building, is or will be on an easement.
1 The footings of a building have been poured and are setting. The footings are on an easement. A stop notice can be issued for the building work continuing on top of the footings.
2 A concrete truck is about to deliver concrete to a building site for which there needs to be an approved plan, although there is no plan. A stop notice can be issued for the building work to be done.
(2) The construction occupations registrar, a building inspector or a certifier may, by written notice (a stop notice ), prohibit the carrying out of any further building work or of stated building work.
(3) A stop notice in relation to building work under a building approval suspends the operation of the building approval—
(a) if the stop notice prohibits the carrying out of any further building work—in relation to all building work under the approval; or
(b) if the stop notice prohibits the carrying out of stated building work—in relation to the stated building work.
(4) A stop notice ends if—
(a) the entity that gave the stop notice cancels the stop notice in writing signed by the entity; or
(b) the grounds for giving the stop notice no longer exist; or
(c) the stop notice is cancelled under section 55 (Application by land owner for cancellation of stop notice) or section 57 (Decision on application by other than land owner).
Examples for par (b)
1 if the ground for issue of the notice was s (1) (a)—an approval has been issued for the work
2 if the ground for issue of the notice was s (1) (b)—the building work that was not in accordance with the approval has been removed so that the remaining work complies with the existing building approval or a new approval has been obtained that allows the building work
3 if the ground for issue of the notice was s (1) (d)—if the grounds of the contravention were that the building work was being carried out by a person without a builders licence, an appropriately licensed builder continues the building work
4 if the ground for issue of the notice was s (1) (e)—the building work that was not in accordance with the lease is removed or the lease varied to allow the work
5 if the ground for issue of the notice was s (1) (f)—the approval is obtained
6 if the ground for issue of the notice was s (1) (g)—the building work that was not in accordance with the approval is removed or the approval varied to allow the work
7 if the ground for issue of the notice was s (1) (h)—the building work that was on the easement is removed or the easement is changed to allow the work
(5) A stop notice may not be issued on a ground mentioned in subsection (1) (a), (b) or (c) for work in relation to an exempt building.
(6) To remove any doubt, the ending of a stop notice ends the suspension of any building approval suspended because of the stop notice.
Note A stop notice automatically suspends a building approval (see s (3)).