265Failure to comply with emergency, building or plumbing order

### 265 Failure to comply with emergency, building or plumbing order > > (1)  [*\[Section 265 Subsection (1) substituted by No. 9 of 2023, s. 23, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS23@EN) If a person fails to comply with a building order made by a building surveyor, the building surveyor must notify the Director of Building Control of the failure to comply with the building order. > > > > Penalty:  Fine not exceeding 10 penalty units. > > > (1A)  [*\[Section 265 Subsection (1A) inserted by No. 9 of 2023, s. 23, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS23@EN) As soon as practicable after notifying the Director of Building Control of the failure to comply with a building order, a building surveyor is to refer the building order to the relevant permit authority. > > > (2)  The permit authority is to take all reasonable steps to enforce a building order referred to in [subsection (1)](#GS265@Gs1@EN) . > > > (3)  If a person fails to perform any work required by an emergency order, a building order or plumbing order, the work may be performed by the council. > > > (4)  In performing any work under [subsection (3)](#GS265@Gs3@EN) , the council may – > > > > > > (a) enter on the land where the work is to be done with the appropriate equipment; and > > > > > > > (b) exclude other persons from the place where the work is being done; and > > > > > > > (c) if anything is to be altered, determine the form of the alteration so far as it was not previously specified; and > > > > > > > (d) if anything is to be taken down, demolished or removed, determine in what condition the remainder is to be left; and > > > > > > > (e) carry away to some convenient place any materials removed; and > > > > > > > (f) sell any materials so carried away and deduct the proceeds from the cost of the work.