Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 46

    (1)     If—

        (a)     building work has been carried out, either before or after the commencement of this Act, without a permit for that building work having been issued under the Canberra Building Regulations or without a building permit granted under this Act for that building work having been in force at the time the building work was carried out; or

        (b)     building work for which a building permit has been granted under this Act has been carried out in contravention of section 36 (5), or otherwise than in accordance with the conditions referred to in section 40; or

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

        (d)     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; or

        (e)     building work forming part of a development requiring approval under the Land Act, division 6.2 has been carried out without that approval; or

        (f)     building work forming part of a development approved under the Land Act, division 6.2 has been carried out contrary to that approval, or a condition of that approval; or

        (g)     building work of a kind referred to in section 6AA has been carried out resulting in encroachment on an easement; or

        (h)     the building controller finds, on inspection, that—

              (i)     a completed building has deteriorated to such an extent—

    (A)     for a building in relation to the erection or alteration of which plans or plans and specifications have been approved under this Act or under the repealed laws—as to be unfit for use as a building of the class specified, or for the purpose stated in the plans or plans and specifications so approved in relation to the most recent building work that has been carried out in relation to that building; or

    (B)     in any other case—as to be unfit for any type of use; or

              (ii)     building work has not been completed when the building permit in relation to the building work lapsed; or

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

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

              (v)     the external condition of a building is such that injury to persons or damage to property may result from a part of the building becoming detached; or

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

              (i)     a building inspector finds, on inspection, that a building contains loose asbestos;

the building controller may serve on the owner of the parcel of land where the building work has been carried out or where the building has been erected a notice directing him or her to carry out, or cause to be carried out, the building work (including demolition) on that parcel of land specified in the notice within the period specified in the notice and may in the notice direct the owner to submit plans for approval and require the person carrying out the work to obtain the grant of a building permit.

    (2)     If building work has been carried out in the circumstances mentioned in subsection (1) (a), a notice given by the building controller under subsection (1) shall be deemed to have been revoked if the building controller, on application by or on behalf of the owner of the parcel of land made under this Act within 14 days after the service of the notice, grants a building permit for that building work.

    (3)     If building work has been carried out in the circumstances referred to in subsection (1) (f), the building controller shall not give a notice under this section to carry out the demolition of a building except on the recommendation of the planning and land authority.

    (4)     A notice served on the owner of a parcel of land by the building controller under subsection (1) directing that person to carry out, or cause to be carried out, building work may specify safety precautions to be taken in carrying out that building work, being safety precautions that are reasonable in the circumstances.

    (5)     If the owner of a parcel of land—

        (a)     is directed by a notice under subsection (1) to carry out, or cause to be carried out, building work (other than demolition); and

        (b)     the notice contains no requirements relating to the approval of plans or the obtaining of a building permit;

he or she shall pay to the building controller those fees that would have been payable if he or she had been required to submit plans for approval and that would have been payable by an applicant for a building permit in relation to that building work.

    (6)     Subsection (1), so far as that subsection empowers the building controller to direct the owner of a parcel of land to submit plans for approval and to require a person carrying out building work to obtain the grant of a building permit, and subsection (5), do not apply to building work of a kind referred to in section 6AA.

    (7)     Subsection (1) (g) does not apply to building work of a kind referred to in section 6AA for which approval was obtained before the commencement of that section, if the building work has been carried out in accordance with—

        (a)     the approved plans for that building work; and

        (b)     the conditions subject to which a building permit for the building work was granted.