BUILDING ACT 2004 - SECT 61 Preconditions for s 62 notice

BUILDING ACT 2004 - SECT 61

Each of the following is a precondition for the giving of a notice under section 62 (Notice to carry out building work):

        (a)     building work has been carried out without a building approval required for the work;

        (b)     building work for which a building approval has been given has been carried out in contravention of section 42 (Requirements for carrying out building work), or otherwise than in accordance with section 43 (Stages of building work);

        (c)     building work, in relation to which a notice has been served under this part, has been carried out otherwise than in accordance with the notice;

        (d)     demolition of a building, in relation to which a demolition order has been issued under section 63A (Demolition orders—affected residential premises and eligible impacted property) has been carried out otherwise than in accordance with the order;

        (e)     building work has been carried out on a parcel of land held under lease from the Commonwealth, contrary to a provision, covenant or condition of the lease;

        (f)     building work forming part of a development requiring development approval has been carried out without development approval;

        (g)     building work forming part of a development with development approval has been carried out contrary to the approval, or a condition of the approval;

        (h)     building work in relation to an exempt building has been carried out so that the building or part of the building is, or will, be on an easement;

              (i)     the construction occupations registrar is satisfied, on reasonable grounds, that—

              (i)     for a building if plans or plans and specifications in relation to its erection or alteration have been approved under this Act—the completed building has deteriorated, or is likely to deteriorate, so that the building is, or is likely to become, unfit for use as a building of the class stated, or for the purpose stated in the plans or plans and specifications approved for the most recent building work carried out in relation to the building; or

              (ii)     for a building other than a building of a kind mentioned in subparagraph (i)—the completed building has deteriorated, or is deteriorating, so that the building is, or is likely to be, unfit for any kind of use; or

              (iii)     building work has not been completed when the building approval for the building work ended; or

              (iv)     a building or part of a building is not structurally sound; or

              (v)     the maximum safe live load, or the load that a building was designed to carry, has been exceeded; or

              (vi)     injury to people or damage to property may result from a part of a building becoming detached because of the external condition of the building; or

              (vii)     a building or part of a building is unsafe because of fire hazard or unfit for use because of a danger to health.