DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 48D Assessor may enter building site

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 48D

    (1)     An assessor who is directed under section 48B to inquire into a domestic building work dispute may at any reasonable time enter and examine any relevant part of the building site at which the work that is the subject of the dispute is being, or has been, carried out.

    (2)     However, if the relevant part of the building site where the work is being carried out is being used as a residence, an assessor may only enter and examine that part of the building site with the consent of the occupier.

    (3)     An assessor who is seeking to enter a part of a building site that is being used as a residence must inform the occupier—

        (a)     that the consent of the occupier is required before the assessor may enter that part of the site; and

        (b)     that the failure of the occupier to provide the consent may be a ground for the issue of a certificate of conciliation that the dispute was not resolved by conciliation; and

        (c)     if the occupier is the owner, that the certificate of conciliation referred to in paragraph (b) may include a statement that the owner did not participate in the conciliation in good faith.

    (4)     A failure by the occupier of a residence on a building site to provide consent under this section is a ground for—

        (a)     the issue of a certificate of conciliation stating that the dispute was not resolved by conciliation; and

        (b)     if the occupier is also the owner, the inclusion in the certificate of conciliation of a statement that the owner did not participate in the conciliation in good faith.

S. 48E inserted by No. 15/2016 s. 6.