Building Act 1993Building Interim Regulations 2017

BUILDING ORDER

THIS ORDER IS MADE UNDER SECTION 111 OF THE BUILDING ACT 1993

TO: Name and address of owner

(The Owner)

OF THE: Building/land/place of public entertainment located at address or

location of the building.

WHEREAS:

1. I am the private building surveyor appointed to carry out functions/municipal building surveyor of insert Council name in respect of the building/land/place of public entertainment and am authorised to make a building order under Division 2 of Part 8 of the Building Act 1993 (the Act).

2. I inspected the building/land/place of public entertainment on insert date and time; or

I caused insert delegate/employee name and qualifications to conduct an inspection of the building/land/place of public entertainment on insert date and time.

3. A building notice dated insert date was served on you and any representations made by you have been considered.

4. I am of the opinion that insufficient cause has been shown by you and that for the reasons set out in the building notice the making of this Order is warranted.

NOW TAKE NOTICE THAT:

5. The owner and/or occupier is/are required to evacuate the building/land/place of public entertainment within specify time or times of the date of service of this Order; and

5.1 any other person/s (specify where required) in the building/land/place of public entertainment are also required to vacate within specify time or times of the date of service of this Order;

6. Entry into the building/land/place of public entertainment is prohibited for specify period;

7. The use of the building/land/place of public entertainment is prohibited for specify period;

8. The occupation of the building/land/place of public entertainment is prohibited for specify period;

9. The owner is required to carry out the following building work required by the Building Interim Regulations 2017 (the Regulations):

Specify the details of the building work to be carried out;

10. The owner is required to carry out the following protection work required by the Regulations:

Specify the details of the protection work to be carried out;

11. The owner is required to carry out the following other work required by the Regulations:

Specify the details of the other work to be carried out;

12. The owner is required to cause an inspection of the building/land/place of public entertainment by specify person within specify time of the date of service of this Order.

13. The owner/specify builder is required to have specify material used in the building/place of public entertainment tested by specify person within specify time of the date of service of this Order.

DATED THIS DAY OF 20__

Signature

Full name of private building surveyor or municipal building surveyor

Registration number

Company or Council

Address

Contact details

NOTES1. Duration of Building Order

A building order remains in force, and if amended, remains in force as amended, until it is complied with or it is cancelled by the relevant building surveyor or the Building Appeals Board pursuant to section 117 of the Act.

2. Amendment or Cancellation of a Building Order

If there is a change in circumstances after the service of a building order, the owner may in writing request the relevant building surveyor to amend or cancel the order pursuant to section 116 of the Act. The relevant building surveyor must inform the owner in writing of their decision (without delay) and if a response is not given within 14 days the request is deemed to be refused.

3. Penalty for failure to comply

A person to whom a building order is directed must comply with that order; [penalty: 500 penalty units in the case of a natural person and 2500 penalty units in the case of a body corporate] pursuant to section 118 of the Act.

4. Appeals to the Building Appeals Board

Under section 142(2) an owner of a building or land may appeal to the Building Appeals Board against a decision to make an order, the imposition of any condition in the order, a requirement under Division 3 of Part 8 that the building order be fully complied with or a failure within a reasonable time, or refusal, to cancel an order. For further information on the appeal process please visit the Building Appeals Board website http://www.buildingappeals.vic.gov.au/ or contact via email at registry@buildingappeals.vic.gov.au or telephone 1300 421 082. Pursuant to section 146 of the Act and regulation 1601 of the Regulations, the prescribed appeal period is 30 days from the date of the order.

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