Victoria

Building Order to Stop Work

Building Order to Stop Work: System

The Building Surveyor under various sections of the Building Act 1993 has a significant role in the ‘enforcement procedures’ to ensure compliance is achieved or public safety and health are not endangered. A building surveyor can issue an emergency order, building notice, building order to stop work and a building order for minor works.

A private building surveyor can issue all the above building notice and building order including a building order to stop work, except for an emergency order, of which only a municipal building surveyor can issue under the Building Act 1993.

Building Order to Stop Work: Issuing

A Building Order to Stop Work is issued under section 112 of the Building Act 1993 by the building surveyor requiring the owner or person apparently in charge of the site on which building work is carried out, to stop building work.

The Building Act 1993 in section 112 covers Building Order to Stop Work:

 112 Building order to stop building work

(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 of the Building Act 1993 in respect of the building work or the building, land or place on which the building work is being carried out.

(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 building work carried out in compliance with an order under section 111 of the Building Act 1993 in respect of the building work.

A building order to stop work may ultimately cause the owner (and builder) to find themselves in court. The building order to stop work may allow some work on a building site to continue to make the site safe, or allow some works to continue that are not affected by the building order to stop work.

Building Order To Stop Work: Serving

The Building Act 1993 is precise in the methods to be adopted in issuing a building order to stop work. Section 236 of the Building Act 1993 states:

236 Service of documents-generally

(1) Any document (building order to stop work) to be served on or given to a person under this Act or the regulations may be served on or given to the person by-

(a) delivering the document to the person; or

(b) leaving the document at the person’s usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place; or

(c) sending the document by post addressed to the person at the person’s usual or last known place of residence or business or in any other prescribed manner.

(2) A building order made under section 112 of the Building Act 1993 may be served on any person apparently in charge of the site on which building work is carried out.

(3) If a document (building order to stop work) is to be served on or given to the owner or occupier of any land and the name of that person is not known the document may be addressed to “the owner” or “the occupier”.

(4) If a document (building order to stop work) is to be served on or given to the owner or occupier of any land, the document may be put up in a conspicuous position on the land if the name and address of the owner are not known and there is no occupier of the land.

(5) If the owner has authorised a person to act on behalf of the owner under this Act or the regulations, any document (building order to stop work) served on or given to that person under this Act or the regulations is deemed to have been served on or given to the owner.

(6) If a document (building order to stop work) to be served on or given to an owner or occupier of any land is properly served on or given to the owner or occupier of the land the document is binding on every subsequent owner or occupier of the land.