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 (a) the building notice has not been revoked; and 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)](#GS246@Gs2@Hpd@EN) ; 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)](#GS246@Gs2@Hpc@EN) 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 > > > > > > > (c) affects the support of any adjoining property. > > > (5)  A building order under [subsection (2)(c)](#GS246@Gs2@Hpc@EN) may be served in respect of a building or temporary structure without first issuing a building notice if the person serving the notice is of the opinion that further building work might be performed, or permitted, on the building or temporary structure which would make compliance with such an order more difficult or impossible. > > > (6)  A building order under [subsection (2)(c)](#GS246@Gs2@Hpc@EN) may be served, in respect of a building or temporary structure, on – > > > > > > (a) any person apparently in charge of the building or temporary structure; and > > > > > > > (b) the owner. > > > (7)  A building order is to be in an approved form. > > > (8)  A person served with a building order must comply with the order. > > > > Penalty:  In the case of – > > > > > > (a) a natural person, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units. > > > (9)  A person may not be found guilty of an offence under the Act in respect of work performed in accordance with a building order.