246Building orders

246 Building orders

(1)  A building surveyor, or permit authority, is to serve a building order on a person who was issued with a building notice if –

(a) the building notice has not been revoked; and

(b) the period for making representations in respect of the notice has expired.

(2)  A building order in respect of a building or temporary structure may –

(a) prohibit the occupation of the building or temporary structure; and

(b) require the person on whom it is served to do one or more of the following:

(i) evacuate the building or temporary structure;

(ii) perform building work or other work on the building or temporary structure;

(iii) perform building work, or other work, on the building or temporary structure other than in accordance with the regulations; and

(c) require the owner, or any other person, to stop building work being performed on the building or temporary structure; and

(d) if a direction under this Part has been served on a builder and has not been complied with, require the builder to perform building work or other work on the building or temporary structure as specified in the direction.

(3)  A building order may be served without first issuing a building notice if –

(a) the order contains a requirement specified in subsection (2)(d) ; or

(b) the building surveyor, or permit authority, issuing the order is of the opinion that the work required to be done under the order is of a minor nature.

(4)  A building order under subsection (2)(c) may be served if, in the opinion of the permit authority or building surveyor, the building work –

(a) contravenes this Act; or

(b) is a danger to the public; or