TASIn ForceAct
Building Act 2016
209Rectification of defective building work
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### 209 Rectification of defective building work
> A person who carried out building work that is defective work must ensure the defective work is rectified at his or her own cost if –
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> > > (a) the defective work is discovered –
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> > > > > (i) [*\[Section 209 Amended by No. 9 of 2023, s. 14, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS14@Hpa@EN) at any stage before the second anniversary of the issue of the certificate of completion (notifiable building work) in respect of the work, if the work was notifiable building work; or
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> > > > > (ii) [*\[Section 209 Amended by No. 9 of 2023, s. 14, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS14@Hpb@EN) at any stage before the second anniversary of the issue of the certificate of completion (permit building work) in respect of the work, if the work was permit building work; and
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> > > (b) the relevant building surveyor, or the Director of Building Control, certifies on reasonable grounds that the defective work is due to –
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> > > > > (i) an omission, or faulty workmanship, by the person; or
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> > > > > (ii) the use of a defective or unauthorised material, fitting or building product by the person.
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> Penalty: Fine not exceeding 100 penalty units.