A Building Notice will be issued to the owner of a property is the first step in the building enforcement process in most cases. It will identify any breaches of the legislation, including specific non-compliances and or safety concerns. 

Under the Notice, the owner will be required to “show cause” why they shouldn’t be required to do certain things in relation to the issues identified, for example carryout work to make a building safe or demolition work to remove an illegal structure.

There will be a period specified on the Notice, during which the owner will be able to “make representations” in response to the issues identified. 

An example of a representation could be the owner providing a report prepared by a Registered Building Surveyor in relation to a building, which confirms that the building is compliant and doesn’t need to be removed.

If the owner doesn’t respond to the Notice by the specified period, or any representations are deemed insufficient by Council, a Building Order may be issued.

A Building Order will direct an owner to carry out the actions specified in the Notice, for example to carry out demolition work to remove an illegal structure. 

In summary:

The Building Order is an escalation of the Building Notice; - the Notice identities an issue (or set of issues) and gives the owner an opportunity to respond, whereas the Order is a formal direction to undertake a certain action or work.

A Building Order to Stop Building Work can be issued to either the owner of a property or any other person apparently carrying out building work.

It will be issued where there is building work actively being carried out which either:

• Doesn’t have the requisite building permit in place; or
• Is non-compliant; or
• Is creating a danger to safety or adjoining property.

If you receive a Building Order to Stop Building Work, you should not continue to carry out building work at the property to which it relates. 

A Building Order for Minor Work will be issued to the owner of a property.

It will be issued in circumstances where there is minor work required to rectify a non-compliance with a building or building work.

If you receive a Building Order for Minor Work, you must comply with the requirements of the Order.

Building Orders for Minor Work are issued at the discretion of the Municipal Building Surveyor.

An Emergency Order can be issued to either the owner of a property, an occupier of a building or any other person (including a builder).

It will be issued in circumstances where the is an extreme danger to life or property from a building or land.

An example of a situation where an Emergency Order may be issued is a swimming pool which is full of water but does not have a safety barrier installed around it.

If you receive an Emergency Order, you must comply with the requirements of the Order.