ACTIn ForceAct
Building Act 2004
40Decision on building commencement notice application
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Building Act 2004.
40 Decision on building commencement notice application
(a) the construction occupations registrar receives an application
under section 39 for the cancellation of a building
(i) the representation time for the application has ended; or
(ii) the owner of the land where the building work is being, or
is to be, done agrees in writing to the cancellation.
(2) If the representation time has ended without the owner of the land
agreeing to the cancellation, the construction occupations registrar
must consider any representation made by the owner within the
representation time.
(3) The construction occupations registrar may cancel the building
commencement notice if satisfied—
(a) that the builder mentioned in the notice cannot do the building
work; or
(b) it is otherwise appropriate to cancel the notice.