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BUILDING REGULATION 2006 - REG 35
Consequences of builder not complying with obligation
35 Consequences of builder not complying with obligation
(1) If a builder for assessable building work does not comply with section 34
, the building certifier must, under chapter 9 of the Act , take enforcement
action against the builder for the work.
(2) However, if the noncompliance
notice was given by a competent person (inspections), the building certifier
need only take the enforcement action if the certifier agrees the stage the
subject of the notice does not comply with the building development approval.
(3) If, under subsection (2) , the building certifier decides not to take the
enforcement action, the certifier must give— (a) the competent person
written reasons for not taking the action; and
(b) the builder a certificate
of inspection for the stage.
(4) If the building certifier gives the builder
an enforcement notice and the builder does not comply with it, the certifier
must notify the following of that fact— (a) the QBCC;
(b) if the assessment
manager was a private certifier (class A)—the local government.
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