A municipal building surveyor or private building surveyor must not cause a building notice to be served on an owner or make a building order in relation to the carrying out of building work unless—
(a) a direction to fix the building work was given under Division 2 of Part 4 and it is clear that the direction will not be complied with; or
(b) the municipal building surveyor or private building surveyor is satisfied that it is either not possible or not appropriate to give a direction to fix the building work under that Division.