TASIn ForceAct
Building Act 2016
266Possession of building
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### 266 Possession of building
> > (1) If any occupier of a building or temporary structure fails to allow any person to do work under [section 265](#GS265@EN) , a council may take proceedings under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) to obtain possession of the building or temporary structure.
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> > (2) On the hearing of a complaint, a justice may order the occupier to give the council possession of the building or temporary structure within a prescribed period.
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> > (3) If a person fails to comply with an order under [subsection (2)](#GS266@Gs2@EN) , a justice who made the order may issue a warrant authorising police officers to –
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> > > > (a) enter into the building or temporary structure by force if necessary and with any assistance they consider necessary; and
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> > > > (b) eject any person from the building or temporary structure; and
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> > > > (c) deliver possession of the building or temporary structure to the relevant council.
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> > (4) A council may remain in possession of a building or temporary structure pursuant to a warrant until the work is completed.