Victorian Current Acts Victorian Current Acts(1) Subject to section 107, a municipal building surveyor or a private building surveyor may make a building order that requires an owner or other person to stop building work.
(2) The order may be made if, in the opinion of the relevant building surveyor, the building work—
(a) contravenes this Act or the building regulations; or
(b) is a danger to the life, safety or health of any member of the public or any person using the building, land or place or to any property; or
(c) affects the support of any adjoining property.
(3) The order may be made without first serving a building notice.
(4) The order may be made even if a building order has been made under section 111 in respect of the building work or the building, land or place on which the building work is being carried out.
S. 112(5) substituted by No. 21/2017 s. 35.
(5) If an order to stop building work is made under this section, the person to whom it is directed must stop the building work except—
(a) building work carried out in compliance with an order under section 111 in relation to the building work; or
(b) building work carried out in compliance with a direction to fix building work; or
(c) building work exempted by the building surveyor under subsection (6).
S. 112(6) inserted by No. 21/2017 s. 35.
(6) The relevant building surveyor may exempt any part of the building work from a building order under this section if the relevant building surveyor considers that it is necessary for the building work to be carried out—
(a) in the interests of the safety or security of the building, land or place on which the building work is being carried out; or
(b) in the interests of the safety or health of any member of the public; or
(c) to prevent a nuisance to members of the public or occupiers of nearby properties.
S. 113 amended by No. 21/2017 s. 36, substituted by No. 43/2024 s. 7.