20Power of relevant enforcement authority to order rectification

20 Power of relevant enforcement authority to order rectification

20 Power of relevant enforcement authority to order rectification

(1) A relevant enforcement authority may make an order under this section (a building product rectification order) in respect of a building.

(2) A building product rectification order is an order that requires the owner of a building to do such things as are necessary for either or both of the following purposes—

(a) to eliminate or minimise a safety risk posed by the use in the building of a building product to which a building product use ban applies,

(b) to remediate or restore the building following the elimination or minimisation of the safety risk.

(3) A building product rectification order may be made only if the relevant enforcement authority is satisfied, on reasonable grounds, that the building is an affected building.

(4) For the purposes of any proceedings relating to a building product rectification order or proposed building product rectification order, an affected building notice or a general building safety notice is evidence that the use in a building of the building product specified in the notice poses a safety risk of a kind specified by the Secretary in that notice.

(5) However, a relevant enforcement authority may make a building product rectification order in respect of a building whether or not the relevant enforcement authority has received an affected building notice or general building safety notice in respect of the building.

Note.

For example, a council may make a building product rectification order if, as a result of its own investigations, it identifies an affected building.