267Demolition order

267 Demolition order

(1)  [Section 267 Subsection (1) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024] A permit authority for a municipal area may serve, on the owner of premises on which building work that is the subject of a building order is situated, an order to demolish the building work, if –

(a) the owner fails to comply with –

(i) the building order; or

(ii) a permit of substantial compliance issued in respect of the work; or

(b) a building surveyor refuses to grant a certificate of substantial compliance in respect of the work; or

(c) [Section 267 Subsection (1) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024] the permit authority refuses to grant a permit of substantial compliance in respect of the work; or

(d) an appeal has not been instituted in respect of the building order and the order has not been complied with.

(2)  [Section 267 Subsection (2) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024] A permit authority for a municipal area is to serve, on the owner of premises on which building work that is the subject of a building order is situated, an order to demolish the building work if satisfied that the building work –

(a) does not comply with this Act; and

(b) is detrimental to the safety and health of any occupant, or any future occupant, of the building or the public.

(3)  [Section 267 Subsection (3) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024] The permit authority for a municipal area, or a person acting on its behalf, may enter onto land and demolish any building work in respect of which an order to demolish is served if –

(a) at least 21 days have expired since the day of service of the order; and