208Discovery of defective building work

208 Discovery of defective building work

(1)  The responsible person for building work must notify the following persons in writing during the prescribed period if the responsible person discovers, or becomes aware of, defective work while performing the building work:

(a) the owner of the premises where the defective work is located;

(b) the occupier of the premises where the defective work is located, if any;

(c) the relevant building surveyor for the work.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Nothing in subsection (1) prevents a person who is not a responsible person for the work from informing the relevant building surveyor of any defective building work.

(3)  A building surveyor who is notified under subsection (1) , or who has become aware of defective building work in any other way, may do one or more of the following:

(a) inspect the defective building work;

(b) give a written direction to the responsible person for the building work to do one or more of the following as specified in the direction:

(i) to repair the defective work;

(ii) to make the defective work compliant with the National Construction Code;

(iii) to repair a defective product or system used in the work;

(iv) to replace a fitting used in the work with an authorised fitting.

(4)  A responsible person who receives a written direction under subsection (3)(b) must comply with the written direction.

Penalty:  Fine not exceeding 100 penalty units.

(5)  If a written direction given to a responsible person under subsection (3)(b) relates to incomplete building work, the responsible person must comply with the written direction before continuing with the building work.

Penalty:  Fine not exceeding 100 penalty units.

(6)  A written direction under ceases to have effect if –