Building (Enforcement and Other Matters) Bill 2016 Summary of changes affecting the issuing of Notices & Orders Grounds to What can be required Form of order Cancellation Appeal periods Service of docs and stays Emergency new s102 s 104 new power to require MBS must send copy By giving notice to unchanged Orders inspection or require to of EO to appointed person to whom s236 (4A) Note: s103 now a material to be tested PBS (s 105) order issued - can serve EO specific provision under s103 (order dealing with order Prohibit entry, use or (Previously to vacate), notice to vacate occupation up to 48 required to give to or order which hours unless issue BN owner and prohibits then up to 14 days occupier) occupation by putting notice on Building new ground substituted 108(1) Note unchanged unchanged building land or Notices s106(ba) where changed wording re power ESMs not to prohibit occupation Note: decision to POPE maintained issue notice takes - where there is effect after appeal an OC can serve period (30 days) any notice or unchanged s111(3) new power to unchanged order to prohibit Building order on OC Orders require inspection or occupation stayed if require material to be issued after EO RBS to provide - OC must provide tested (s146(2A)) written notice of copy to affected (Note: not provided for in decision in owners (new notice) response to request offence) Building Order unchanged person must stop except to amend or cancel Stop Work work carried out under a to owner - OC must carry s111 order or under a out work, respond direction to fix or if RBS to notice (s 251A) says in interests of safety, security, health, to prevent - OC can recover nuisance cost from lot Building Order s 113 amended unchanged unchanged unchanged owner and can Minor Works only issue on authorise entry to owner carry out work required (s251A)
Building (Enforcement and Other Matters) Bill 2016 Summary of changes affecting the issuing of Notices & Orders Grounds to What can be required Form of order Cancellation Appeal periods and stays Service of docs Emergency Orders new s102 Note: s103 now a specific provision dealing with order to vacate s 104 new power to require inspection or require material to be tested Prohibit entry, use or occupation up to 48 hours unless issue BN then up to 14 days MBS must send copy to of EO to appointed PBS (s 105) By giving notice to person to whom order issued (Previously required to give to owner and occupier) unchanged s236 (4A) - can serve EO under s103 (order to vacate), notice or order which prohibits occupation by putting notice on building land or POPE - where there is an OC can serve any notice or order on OC - OC must provide copy to affected owners (new offence) - OC must carry out work, respond to notice (s 251A) - OC can recover cost from lot owner and can authorise entry to carry out work required (s251A) Building Notices new ground s106(ba) where ESMs not maintained substituted 108(1) Note changed wording re power to prohibit occupation unchanged RBS to provide written notice of decision in response to request to amend or cancel to owner unchanged Note: decision to issue notice takes effect after appeal period (30 days) Building Orders unchanged s111(3) new power to require inspection or require material to be tested (Note: not provided for in notice) unchanged order to prohibit occupation stayed if issued after EO (s146(2A)) Building Order Stop Work unchanged person must stop except work carried out under a s111 order or under a direction to fix or if RBS says in interests of safety, security, health, to prevent nuisance Building Order Minor Works s 113 amended only issue on owner unchanged unchanged unchanged
Part8.docx