51Compliance cost notices

#### 51 Compliance cost notices 51 Compliance cost notices > > (1) If the Secretary gives a building work rectification order to a developer, the Secretary may at that time or at a later date serve a compliance cost notice on the developer. > > > (2) A compliance cost notice is a notice in writing requiring the developer on whom it is served to pay all or any reasonable costs and expenses incurred by the Secretary (including remuneration and other staff expenses) in connection with— > > > > > (a) monitoring action under the building work rectification order, and > > > > > (b) ensuring that the building work rectification order is complied with, and > > > > > (c) the investigation that led to the giving of the building work rectification order, and > > > > > (d) the preparation of the building work rectification order, and > > > > > (e) any other matters associated with the building work rectification order. > > > (3) A compliance cost notice is to specify the amount required to be paid and a reasonable period within which the amount is to be paid or, if the regulations prescribe the period to be allowed for payment, that period. > > > (4) The Secretary may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction. > > > (5) If the developer on whom a compliance cost notice is served complies with the notice but was not the developer who was responsible for the situation giving rise to the issue of the notice, the cost of complying with the notice may be recovered by the developer who complied with the notice as a debt in a court of competent jurisdiction from the developer who was responsible. > > > (6) The regulations may make provision for or with respect to the following— > > > > > (a) the issue of compliance cost notices, > > > > > (b) the form of compliance cost notices, > > > > > (c) limiting the amounts that may be required to be paid under compliance cost notices or the matters in respect of which costs and expenses may be required to be paid under those notices. > > **s 51:** Am 2022 No 26, Sch 2.27.