228DPower of entry—inspections required or authorised by this Act or regulations

228D Power of entry—inspections required or authorised by this Act or regulations (1) Subject to subsections (2) and (3), an authorised person may enter any building or land for the purpose of carrying out any inspection authorised or required by this Act or the regulations of— (a) the building or land; or (b) a place of public entertainment; or (c) any equipment, installation, service, records or reports relating to the building or to the place of public entertainment; or (d) building work or plumbing work. (2) An entry of a building or land under subsection (1) may be carried out at any reasonable time unless the entry relates to a building used for residential purposes. (3) Subject to subsection (4), an authorised person must not enter any part of a building used for residential purposes under subsection (1) unless the authorised person obtains the written consent of the occupier of the building to enter and inspect the building at a time agreed to by the occupier. (4) If the purpose of an inspection by a relevant building surveyor under subsection (1) is to inspect building work that is being carried out in or on a building or land used for residential purposes under a building permit, in order to determine if the work complies with this Act, the building regulations or the permit— (a) the relevant building surveyor does not need to obtain consent under subsection (3) to enter and inspect the building; and (b) the entry and inspection of the building or land must be carried out at a reasonable time. (5) An authorised person must inform the occupier of the building or land (if any) of the purpose of the inspection to be carried out at the building or land— (a) in the case of a building used for residential purposes, before obtaining written consent under subsection (3); and (b) in any other case, before or at the time of entering the building or land. (6) An authorised person who exercises a power of entry of a building or land under this section may— (a) inspect the building or land and any thing on the building or land; and S. 228D(6)(ab) inserted by No. 46/2018 s. 64(1). (ab) for the purposes of an inspection under paragraph (a), cause any building work (including any building product or material) to be demolished, opened or cut into or tested if reasonably required to facilitate the inspection; and (b) take photographs (including video recordings) or make sketches of the building or land or the building work or plumbing work concerned; and (c) to the extent that it is reasonably necessary to determine compliance with this Act or the regulations, require a person to produce documents to the authorised person relating to building work or plumbing work or the work of a building practitioner or a plumber. (7) If a person produces a document to an authorised person in accordance with subsection (6)(c), the authorised person may examine the document and make copies of, or take extracts from, the document. S. 228D(7A) inserted by No. 46/2018 s. 64(2). (7A) For the purposes of subsection (6)(ab)— (a) testing of building work may include the destructive testing of any building product or material used in the building work if the authorised person believes on reasonable grounds that the use of the building product or material is connected with a contravention of this Act or the regulations; and (b) the authorised person— (i) may conduct testing*,* in accordance with the regulations (if any), of a building product or material used in the building work at the location of the building work being inspected; or (ii) may take a sample of the building product or material and arrange for destructive testing of that sample to be conducted by a prescribed testing authority. (8) If an authorised person exercises a power of entry under this section without the occupier being present the authorised person must, on leaving the building or land, leave a notice setting out— (c) a description of things done while in or on the building or land; and (9) A notice under subsection (8) may be in a form approved by the Authority. S. 228E inserted by No. 21/2017 s. 46.