38Change of building surveyor where both parties agree

### 38 Change of building surveyor where both parties agree > > (1)  Despite [sections 36](#GS36@EN) and [37](#GS37@EN) , a person who has engaged a building surveyor in respect of work and the building surveyor so engaged may agree that work is to be referred to a new building surveyor. > > > (2)  An agreement under [subsection (1)](#GS38@Gs1@EN) to refer work to a new building surveyor does not require the consent of the Director of Building Control. > > > (3)  A building surveyor who has entered into an agreement to refer work under [subsection (1)](#GS38@Gs1@EN) must refer, within the specified period, the work to a new building surveyor who – > > > > > > (a) has accepted the referral; and > > > > > > > (b) is acceptable to the other parties to the agreement. > > > > 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. > > > (4)  A person who has previously engaged a building surveyor, in respect of work to be referred under this section, must not engage a new building surveyor in respect of work unless the previous building surveyor has referred the work to the new building surveyor under [subsection (3)](#GS38@Gs3@EN) . > > > > 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. > > > (5)  Once a new building surveyor has been engaged in respect of work that is the subject of an agreement under this section, the previous building surveyor is no longer the building surveyor in respect of the work.