99Performing notifiable building work

### 99 Performing notifiable building work > > (1)  A person must not perform any notifiable building work, or cause or permit any notifiable building work to be performed, unless he or she – > > > > > > (a) is satisfied that a certificate of likely compliance (notifiable building work) is in force in respect of the work; and > > > > > > > (b) has notified the relevant building surveyor that he or she intends to start the notifiable building work; and > > > > > > > (c) has been provided with authorisation to start the work, and a unique authorisation number for the work, by the building surveyor. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (2)  A person must perform any notifiable building work in accordance with – > > > > > > (a) the most recent notice of work provided in respect of the work to the relevant building surveyor; and > > > > > > > (b) the certificate of likely compliance (notifiable building work) provided in respect of the work. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (3)  If a responsible person for notifiable building work ceases to be the responsible person for the work – > > > > > > (a) the work must stop; and > > > > > > > (b) the person who is to become the new responsible person for the work must notify the relevant building surveyor of that fact before permitting the work to be performed. > > > (4)  [*\[Section 99 Subsection (4) amended by No. 39 of 2018, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS12@Hpa@EN) If notifiable building work has not been completed within 2 years after the authorisation to start the work was provided by a building surveyor under [subsection (1)(c)](#GS99@Gs1@Hpc@EN) , the responsible person for the work must obtain, from the relevant building surveyor at least 5 business days before the expiry of that period, written approval to continue with the notifiable building work after the expiry of that period. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (4A)  [*\[Section 99 Subsection (4A) inserted by No. 39 of 2018, s. 12, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS12@Hpb@EN) If the Director of Building Control has determined that special circumstances exist, a building surveyor may give written approval under [subsection (4)](#GS99@Gs4@EN) whether or not that approval is given at least 5 business days before the expiry of the period specified in that subsection. > > > (5)  The written approval of the building surveyor under [subsection (4)](#GS99@Gs4@EN) is to specify one further period in which the notifiable building work must be completed. > > > (6)  If a building surveyor provides a written approval under [subsection (4)](#GS99@Gs4@EN) , he or she is to forward a copy of the written approval to the relevant permit authority.