Australian Capital Territory Numbered Acts

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BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 131

Inspection of building work where no approval

    (1)     This section applies if the construction occupations registrar has reasonable grounds for suspecting that—

        (a)     a building approval has not been issued for building work that is being, or has been, carried out; or

        (b)     building work is not being, or has not been, carried out in accordance with the approved plans for the work or a notice under part 4 (Stop and demolition notices); or

        (c)     if plans or plans and specification have been approved under this Act for the erection or alteration of a building

              (i)     the completed building has deteriorated, or is likely to deteriorate, so that the building is, or is likely to become, unfit for use as a building of the class stated, or for the purpose stated, in the plans or plans and specifications approved in relation to the most recent building work carried out in relation to the building; or

              (ii)     the building is being used other than as a building of the class stated, or for the purpose stated, in the plans or plans and specifications approved in relation to the most recent building work carried out in relation to the building; or

        (d)     for a building other than a building to which paragraph (c) applies—the building has deteriorated to the extent that it is unfit for any use; or

        (e)     a building or part of a building is no longer structurally sound; or

        (f)     because of the use to which the building has been or is being put, the maximum safe live load has been or is being exceeded or the load on the building has been or is in excess of the load that the building was designed to carry; or

        (g)     a building or part of a building is unsafe because of fire hazard or unfit for use because of a danger to health.

    (2)     The construction occupations registrar may, in writing, authorise a building inspector to carry out an inspection of the building work or the building at any reasonable time.

    (3)     The construction occupations registrar may authorise the inspector to do 1 or more of the following:

        (a)     make tests of the soil or the building materials used or to be used in the building work or building;

        (b)     order the opening or cutting into or pulling down of any building work.



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