133APowers in relation to non-compliant buildings

133A Powers in relation to non-compliant buildings (1) This section applies if a building inspector believes on reasonable grounds that— (a) a building does not comply with this Act or is unsafe; or (b) building work has been done otherwise than in accordance with Division 7.2A Non-compliant buildings and building work (2) The building inspector may give the occupier of the building or the premises where the building work is located a written direction not to use the building or premises, or part of the building or premises, until the building or premises are made safe and comply with this Act. (3) If the building inspector believes on reasonable grounds that a building or building work is unsafe because work done or supervised by a builder was not done in accordance with this Act, the inspector may give the builder a written direction to take stated action to make the building or building work safe and comply with this Act. (4) A direction under this section may also require the person to give the building inspector information, in writing, about the building or Examples—information 1 a written report about a test required in the direction by the person who did the test 2 a written engineer’s report about whether building work complies with a relevant standard 3 a certificate from a building surveyor that building work complies with this Act (5) However, a direction under this section must not require the evacuation of people from the building or premises. Note The chief officer of an emergency service has the power to evacuate people or animals from a building or close any premises (see Emergencies Act 2004, s 34 (1) (l) and (m)). (6) Subsection (7) applies if— (a) a written direction under subsection (3) requires a person to do a thing; and (b) the person— (i) is not licensed, authorised or qualified to do the thing; or Entry and seizure Division 7.3 (ii) if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing. (7) The person must arrange, and pay for, the thing to be done by someone who— (a) is licensed, authorised or qualified to do the thing; or (b) if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing. A written direction under s (3) requires Sophie to undertake further building work. Sophie is no longer a licensed builder, and she is not able to get a new licence. Sophie must arrange, and pay for, a licensed builder to do the building work. (8) A person commits an offence if the person— (a) is given a direction under this section; and (b) fails, without reasonable excuse, to comply with the direction.