ACTIn ForceAct
Building Act 2004
54Building work allowed under stop notice
Start here
Get a plain-English read of 54
Turn the raw legal text into a practical explanation grounded in Building Act 2004.
54 Building work allowed under stop notice
(1) This section applies if a stop notice has been issued in relation to
(2) The stop notice does not prevent building work that does not, or
would not, contravene this Act apart from the stop notice if—
(a) the only purpose of the work (rectification work) is to fix or
reverse the building work that caused the stop notice to be
issued; or
(b) the work is necessary to ensure rectification work is carried out
safely.
1 A stop notice is issued in relation to an extension on a house, which does not
comply with the building code. The extension may be pulled down, but the
rest of the house may not.
2 A garage has been built partly on an easement. If it is decided to make the
garage smaller so it is not on the easement, the building of temporary supports
necessary to support the roof and ensure the safety of the rest of the garage
while the garage is made smaller is building work allowed to be done despite
the stop notice.
Note A stop notice suspends a building approval in relation to all or stated
building work under the approval (see s 53 (2A)). This means that
building work that contravenes this Act unless done in accordance with a
building approval contravenes this Act if a stop notice has suspended the