60Stop work orders

60 Stop work orders (1) This section applies if the registrar believes on reasonable grounds (a) residential building work is being, or is likely to be, undertaken by, or under an arrangement with, a property developer in a way that could result in— (i) significant harm or loss to the public or occupiers or potential occupiers of the regulated residential building; or (ii) significant damage to property; or (b) residential building work is being undertaken and a relevant provision requires a person to hold a licence in relation to the work and— (i) no person holds a licence in relation to the work; or

Stop work orders Division 5.4 (ii) if a person holds a licence in relation to the work— (A) regulatory action under part 4 is, or is proposed to be, taken against the licensee or an associated entity of the licensee; or (B) the licence prevents the building work being undertaken. (2) The registrar may give the property developer a written order (a stop work order) requiring the property developer to ensure the residential building work stops. (3) A stop work order— (a) must— (i) explain why the registrar is making the order; and (ii) state the time residential building work must stop, which may be the time the order is given to the property developer; and (iii) state it is an offence under section 61 not to comply with the order; and (b) may include any condition the registrar considers appropriate. (4) A stop work order ends on the earliest of the following: (a) the registrar giving the property developer written notice revoking the order; (b) any term stated in the order ending; (c) the period, starting 12 months from the day the order is given to the developer, ending.

(5) A copy of the stop work order must be given to— (a) the owner of the land on which the residential building work is being undertaken; and (b) the certifier for the residential building work. certifier—see the Building Act 2004, dictionary. relevant provision means— (a) the Planning Act 2023, section 162A; or (b) the Building Act 2004, section 27 (1) (ca), section 28AA and section 69 (1) (c); or (c) the Civil Law (Sale of Residential Property) Act 2003, division 2A.2.