If you get a building notice or order, works on your property are considered unsafe or illegal. This includes work without a permit, or without the right type of permit.
Respond to a building notice or building order
If you don’t respond to a building notice in time you will be given a building order. You can get advice about permits for your intended project from an architect or relevant building surveyor.
Building work must comply with the Building Regulations 2018 and the Building Act 1993.
Building notices and orders are issued by the Municipal Building Surveyor.`
Complying with building orders can cost a lot of time and money.
Building notices
This is the first step in the enforcement process.
A building notice identifies compliance or safety issues in a property or building.
Notices are issued to the owners of a property. They are not issued against the builder, developer or other contractors.
Your building notice will include an explanation of why it has been issued. You will be asked to justify why your building work should remain. This is called to ‘show cause’. You can choose to show cause and argue your building work complies and can stay as it is or you may choose to demolish your non-compliant building work.
Show cause
When you show cause, you may choose to outline corrective work. You should engage a suitable professional, such as a private building surveyor, to help with this.
You will need to get building permits for any corrective work you undertake.
Choose to demolish your work
Before any demolition, you must inform the Municipal Building Surveyor. Their contact details can be found in your building notice under who the notice is served by.
You may need to fill out further paperwork before the demolition can go ahead.
Building Orders
This is an escalation of the enforcement process.
If you don’t respond to your building notice, you will be issued a building order. The building order will detail the steps you need to take comply with the order.
Minor works
If corrective work is considered minor and achievable in a short time, you will be issued a building order minor works.Stop work
If it is considered that your work is being undertaken without a valid building permit, you will be issued a building order stop work.
All work needs to stop until the matters in the stop work order are resolved.Emergency order
If your building work is considered a risk to life or property, you will be issued an emergency order.
You must take immediate action to make the property safe as outlined in your order.
Appeal a building notice or order decision
You can appeal building notice or order decisions.