36Fundamentally noncompliant building work—Act, s 50 (4)

36 Fundamentally noncompliant building work—Act, s 50 (4) (1) An element of building work mentioned in an item in schedule 3, column 2 is fundamentally noncompliant in the circumstances mentioned in column 3 for the item. (2) An element of building work on, or in relation to, a class 10a or class 10b building is fundamentally noncompliant if— (a) 1 or more elements not shown in the approved plans are added to the building; and (b) the building as altered by the work is a different type of building to the building shown in the plans. Example—fundamentally noncompliant class 10a or class 10b building Plans show a carport without walls. During the construction of the carport walls are added. This alters the building type from a carport to a garage, and means that the building is fundamentally noncompliant.