Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 72B

72B Extending time to rectify or remedy

(1) A person given a direction to rectify or remedy may apply to the commission for an extension of the period for compliance with the direction.

(2) The application must—

(a) be made before the end of the period stated in the direction; and

(b) state the reasons the extension is needed.

(3) The commission must decide whether or not to grant the extension, and inform the applicant of the decision, within 10 business days after receiving the application.

(4) The commission may grant the extension only if satisfied it is likely to be impracticable for the applicant to comply with the direction within the period stated in the direction.

(5) Also, the commission must grant the extension if satisfied the person affected by the building work the subject of the direction has agreed to the extension being applied for.

(6) If the commission grants the extension, the commission must give the applicant a written notice stating the period within which the applicant must rectify the work or remedy the damage.

(7) If the commission refuses to grant the extension, the commission must give the applicant written notice of the refusal.

(8) If the commission fails to comply with subsection (3) , the commission is taken to have decided to refuse the application.

(9) The direction to rectify or remedy is stayed while the commission considers the application.