ACTIn ForceAct
Building Act 2004
131Inspection of building work where no approval
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131 Inspection of building work where no approval
(1) This section applies if the construction occupations registrar has
reasonable grounds for suspecting that—
(a) a building approval has not been issued for building work not
exempt from part 3 that is being, or has been, carried out; or
(b) building work exempt from all or part of this Act does not
comply with the exemption; or
(c) building work is not being, or has not been, carried out in
accordance with the approved plans for the work or a notice
under part 4 (Stop and other notices and demolition orders); or
(d) if plans or plans and specification have been approved under this
Act for the erection or alteration of a building—
(i) 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 in relation to the most recent building work
carried out in relation to the building; or
(ii) the building is being used other than as a building of the
class stated, or for the purpose stated, in the plans or plans
and specifications approved in relation to the most recent
building work carried out in relation to the building; or
(e) for a building other than a building to which paragraph (d)
applies—the building has deteriorated to the extent that it is unfit
for any use; or
(f) a building or part of a building is no longer structurally sound;
or
Division 7.2 Inspection of building work and authority for required work
(g) because of the use to which the building has been or is being put,
the maximum safe live load has been or is being exceeded or the
load on the building has been or is in excess of the load that the
building was designed to carry; or
(h) a building or part of a building is unsafe because of fire hazard
or unfit for use because of a danger to health.
(i) the building is a regulated swimming pool that may not comply
with part 5A (Regulated swimming pools); or
(j) a circumstance prescribed by regulation exists.
(2) The construction occupations registrar may, in writing, authorise a
building inspector to carry out an inspection of the building work or
the building at any reasonable time.
(3) The construction occupations registrar may, in writing, authorise a
building inspector to order the opening or cutting into or pulling down
of the building work.
(4) The construction occupations registrar may, in writing, authorise a
person to assist a building inspector who is authorised to act under
(5) A written authority may only be given if the construction occupations
registrar believes on reasonable grounds that the person authorised
has the necessary skills and qualifications to act under this section.