Australian Capital Territory Numbered Acts

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BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 54

Building work allowed under stop notice

    (1)     This section applies if a stop notice has been issued in relation to building work.

    (2)     The stop notice does not prevent building work that does not, or would not, contravene this Act apart from the stop notice if—

        (a)     the only purpose of the work ( rectification work ) is to fix or reverse the building work that caused the stop notice to be issued; or

        (b)     the work is necessary to ensure rectification work is carried out safely.


1     A stop notice is issued in relation to an extension on a house, which does not comply with the building code. The extension may be pulled down, but the rest of the house may not.

2     A garage has been built partly on an easement. If it is decided to make the garage smaller so it is not on the easement, the building of temporary supports necessary to support the roof and ensure the safety of the rest of the garage while the garage is made smaller is building work allowed to be done despite the stop notice.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

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