BUILDING ACT 2004 - SECT 54 Building work allowed under stop notice

BUILDING ACT 2004 - SECT 54

    (1)     This section applies if a stop notice has been issued in relation to building work.

    (2)     The stop notice does not prevent building work that does not, or would not, contravene this Act apart from the stop notice if—

        (a)     the only purpose of the work ( rectification work ) is to fix or reverse the building work that caused the stop notice to be issued; or

        (b)     the work is necessary to ensure rectification work is carried out safely.

Examples

1     A stop notice is issued in relation to an extension on a house, which does not comply with the building code. The extension may be pulled down, but the rest of the house may not.

2     A garage has been built partly on an easement. If it is decided to make the garage smaller so it is not on the easement, the building of temporary supports necessary to support the roof and ensure the safety of the rest of the garage while the garage is made smaller is building work allowed to be done despite the stop notice.

Note     A stop notice suspends a building approval in relation to all or stated building work under the approval (see s 53 (2A)). This means that building work that contravenes this Act unless done in accordance with a building approval contravenes this Act if a stop notice has suspended the approval.