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Building Act 2016
267Demolition order
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### 267 Demolition order
> > (1) [*\[Section 267 Subsection (1) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS24@Hpa@EN) 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 –
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> > > > (a) the owner fails to comply with –
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> > > > > > (i) the building order; or
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> > > > > > (ii) a permit of substantial compliance issued in respect of the work; or
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> > > > (b) a building surveyor refuses to grant a certificate of substantial compliance in respect of the work; or
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> > > > (c) [*\[Section 267 Subsection (1) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS24@Hpb@EN) the permit authority refuses to grant a permit of substantial compliance in respect of the work; or
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> > > > (d) an appeal has not been instituted in respect of the building order and the order has not been complied with.
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> > (2) [*\[Section 267 Subsection (2) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS24@Hpc@EN) 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 –
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> > > > (a) does not comply with this Act; and
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> > > > (b) is detrimental to the safety and health of any occupant, or any future occupant, of the building or the public.
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> > (3) [*\[Section 267 Subsection (3) amended by No. 9 of 2023, s. 24, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS24@Hpd@EN) 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 –
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> > > > (a) at least 21 days have expired since the day of service of the order; and
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> > > > (b) the building work has not been demolished; and
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> > > > (c) an appeal has not been instituted in respect of the order.
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> > (4) An order to demolish –
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> > > > (a) is to be in an approved form; and
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> > > > (b) may require the owner to clean up the premises to the satisfaction of a building surveyor within the prescribed period.