BUILDING ACT 2004 - SECT 63C Requirement to give advice in relation to proposed demolition

BUILDING ACT 2004 - SECT 63C

    (1)     This section applies if—

        (a)     an entity's advice on an application for a demolition order has been sought as prescribed by regulation; and

Note     See s 63B (3) (When demolition orders not to be issued—advice on referral).

        (b)     the entity—

              (i)     has given advice on the application; or

              (ii)     has not given advice within the time prescribed for giving the advice; and

        (c)     the construction occupations registrar has issued the demolition order; and

        (d)     the plans for the demolition are substantially consistent with the advice.

    (2)     For this section, if an entity fails to give advice sought within the time prescribed by regulation in relation to the application for a demolition order referred to the entity, the entity is taken to have given advice that the entity supports the application.

    (3)     The entity must not act inconsistently with the advice in relation to the application for the demolition order unless—

        (a)     further information in relation to the demolition proposed in the application comes to the entity's attention (other than information mentioned in subsection (4)); and

        (b)     the entity did not have the further information when the entity gave the advice; and

        (c)     the further information is relevant to the advice the entity gave; and

        (d)     the entity would have given different advice if the entity had the further information before giving the advice.

    (4)     Subsection (3) (a) does not apply to further information in relation to the demolition proposed in the application for the demolition order if the information—

        (a)     was not required in the application; and

        (b)     is required by the entity after the demolition order is made; and

        (c)     is consistent in all significant respects with information already provided by the applicant, except that it is more detailed.

    (5)     For this section, an entity acts inconsistently with advice in relation to an application for a demolition order if—

        (a)     the advice is that the entity will issue or give an approval or other thing in relation to the demolition order; and

        (b)     the demolition order is made; and

        (c)     the entity—

              (i)     does not issue or give the approval or other thing consistent with the advice; or

              (ii)     issues or gives the approval or other thing in a way, or subject to a condition, that prevents the applicant carrying out the demolition under the demolition order.

    (6)     Also for this section, an entity acts inconsistently with advice in relation to an application for a demolition order if—

        (a)     the advice is that an activity to which the application relates does not require a particular authorisation (however described); and

        (b)     the entity prosecutes someone, or takes other compliance action, in relation to the activity because the activity is carried out without the particular authorisation.

    (7)     Also for this section, an entity acts inconsistently with advice in relation to an application for a demolition order if the entity—

        (a)     refuses to do something required to be done by the entity to allow the applicant to carry out the demolition under the demolition order; or

        (b)     does something in a way, or subject to a condition, that prevents the applicant from carrying out the demolition under the demolition order.