NSW – Enforcement Notices Explained2016-10-20T11:43:54+00:00

New South Wales

Building Notice of Intention & Order Notice

Hendry building certifiers provide a wide variety of services for clients who receive Council or other Consent Authority building Notice of Intention or building Order. These legislative directions (building notice of intention) can be issued by an authority for buildings under construction, or on an existing building where no building work is occurring, for example, an authority enforcing an upgrade of an existing building due to poor or non-existent essential safety measure compliance.

Private building certifiers or Accredited Certifiers are principally empowered to take action for matters relating to building work (building notice of intention) – not existing buildings where no building work is being undertaken.

Our building certifiers can represent the client in negotiation with authorities to reach an acceptable outcome for the client on building notice of intention or building order.

Dangerous buildings, fire report matters, and closure of unsafe public assembly buildings (entertainment venue) are matters that remain a local government responsibility to be dealt with by individual councils, or a Consent Authority such as the Minister or Director General of the NSW Planning and Infrastructure. They are not within the jurisdiction of the private building surveyor / certifier to issue a building notice of intention.

Building Notice of Intention and Orders can cover the broad aspect of public health and safety, but only a local authority (because of the restrictions in legislation) can serve a Notice or Order in relation to public safety measures provided in an existing building.

Building Notice of Intention provides the means by which the municipal building surveyor can require the building owner to show cause as to why an existing building should not be subject to building work in order to provide a level of public safety which meets with community expectations. An existing building does not have to be upgraded to the same standard as is required for new buildings under a building notice of intention.

If the owner does not respond satisfactorily to the Building Notice of Intention by undertaking the required works then the municipal building surveyor/council can proceed to issue an Order, if not complied with, will ultimately incur penalties, or even closure of the building.

Hendry building certifiers / accredited certifiers can assist clients when receiving a Building Notice of Intention in either establishing a case for no further action where prudent, or to establish the requirements necessary to meet public community expectations regarding public safety. We can ensure clients that you will receive personal service to ensure optimal outcomes for your property needs and objectives when receiving a building notice of intention.