Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 9

    (1)     A building inspector may from time to time inspect building work in relation to which a building approval is in effect for the purpose of ascertaining whether the building work is being or has been carried out in accordance with this Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act 2001 , s 104).

    (2)     If the building controller has reasonable grounds for suspecting that—

        (a)     building work is being or has been carried out and—

              (i)     a building approval has not been obtained in relation to that building work; or

              (ii)     the work is not being or has not been carried out in accordance with the approved plans or a notice under part 4; or

        (b)     a completed building has deteriorated to such an extent—

              (i)     for a building in relation to the erection or alteration of which plans or plans and specifications have been approved under this Act or under the repealed laws—as to be unfit for use as a building of the class specified, or for the purpose stated, in the plans or plans and specifications so approved in relation to the most recent building work that has been carried out in relation to that building; or

              (ii)     in any other case—as to be unfit for any type of use; or

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

        (d)     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

        (e)     for a building in relation to the erection or alteration of which plans or plans and specifications have been approved under this Act or under the repealed laws—the building is being used other than as a building of the class specified, or for the purpose stated, in the plans or plans and specifications so approved in relation to the most recent building work that has been carried out in relation to that building; or

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

the building controller may, in writing, authorise a building inspector to carry out an inspection of the building work or the building at any reasonable time.

    (3)     For the purposes of an inspection under this section, the building controller may—

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

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

    (4)     If, on inspection, it is found that there are grounds for the giving of a stop notice, the builder shall bear the costs of any pulling down, opening or cutting into the building work carried out in the course of the inspection but, if, on inspection, it is found that there are no grounds, those costs shall be borne by the Territory.

    (5)     If the requirements of a notice under part 4 have not been complied with in accordance with that notice, the planning and land authority may, in writing, authorise a building inspector, with the assistance the building inspector considers necessary, to enter on the land where the building work referred to in the notice has been, is being or should have been carried out and to carry out the requirements.

    (6)     For this section, a building inspector may enter on any land or premises where a building has been erected or building work is being or has been carried out.

    (7)     A building inspector who enters on land or premises under this section is not authorised to remain on the land or premises if, on request by the occupier of the land or premises, he or she does not produce a written certificate signed by the building controller that he or she is authorised so to enter.

    (8)     A person who, without reasonable excuse, obstructs a building inspector acting under this section commits an offence.

Maximum penalty (subsection (8)): 50 penalty units, imprisonment for 6 months or both.