36Change of building surveyor at owner's request

### 36 Change of building surveyor at owner's request > > (1)  Subject to [section 38](#GS38@EN) , a person who engages a building surveyor must not remove that building surveyor from that engagement without the consent of the Director of Building Control. > > > > 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. > > > (2)  The Director of Building Control may consent under [subsection (1)](#GS36@Gs1@EN) to the removal of a person from an engagement as a building surveyor if the Director of Building Control is satisfied on reasonable grounds that – > > > > > > (a) the person is incapable of performing the functions of building surveyor for which he or she was engaged; or > > > > > > > (b) the person is no longer the building surveyor, or is no longer suitable to be the building surveyor; or > > > > > > > (c) the person is no longer qualified to perform the functions of building surveyor for which he or she was engaged; or > > > > > > > (d) the person has engaged in professional misconduct.