Building Control Act · s 23

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23.
Demolition etc. of unauthorised building works
(1) Where, in the opinion of the Authority, any building has been erected, or any building works are or have been carried out, in contravention of this Act or the building regulations, the Authority may by order in writing require —
(a) the cessation of the building works until the order is withdrawn;
(b) the demolition of the building; or
(c) such work or alteration to the building or building works to be carried out as may be necessary to cause the same to comply with this Act and the building regulations or otherwise to put an end to the contravention thereof.
(2) An order under subsection (1) shall specify all or any of the following —
(a) the manner in which the demolition, work or alteration specified in the order is to be carried out;
(b) the time within which the demolition, work or alteration shall commence;

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(c) the time within which the demolition, work or alteration shall be completed;
(d) that the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Authority.
(3) An order under subsection (1) shall be served —
(a) where a building has been erected, on the owner or occupier of the building; and
(b) where building works are being carried out, on the developer of the building works or the builder carrying out the building works.
(4) If an order under subsection (1) is not complied with, the
Authority may —
(a) demolish, remove or alter, or cause to be demolished, removed or altered, such building or building works, or take such other steps as appear to the Authority to be necessary including ordering the closure of the building; and
(b) recover all expenses reasonably incurred by the Authority in the exercise of the Authority’s powers under this section from the person in default.
(5) Notwithstanding the right of the Authority to exercise its powers under subsection (4), if any person on whom an order under subsection (1) is served fails to comply with the order, he is guilty of an offence and liable on conviction —
(a) to a fine not exceeding $20,000, imprisonment for a term not exceeding 6 months or both; and
(b) in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part thereof the failure to comply continues, and if the failure to comply continues after the conviction, the person is guilty of a further offence and liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the failure to comply continues after conviction.

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(6) The Authority may seize any materials resulting from the carrying out of any work under subsection (4).
(7) This section does apply to any building works, whether or not for or connected with any temporary building.

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s 23Demolition etc. of unauthorised building works

(1)

Where, in the opinion of the Authority, any building has been erected, or any building works are or have been carried out, in contravention of this Act or the building regulations, the Authority may by order in writing require —

(a)

the cessation of the building works until the order is withdrawn;

(b)

the demolition of the building; or

(c)

such work or alteration to the building or building works to be carried out as may be necessary to cause the same to comply with this Act and the building regulations or otherwise to put an end to the contravention thereof.

(2)

An order under subsection (1) shall specify all or any of the following —

(a)

the manner in which the demolition, work or alteration specified in the order is to be carried out;

(b)

the time within which the demolition, work or alteration shall commence;

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(c)

the time within which the demolition, work or alteration shall be completed;

(d)

that the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Authority.

(3)

An order under subsection (1) shall be served —

(a)

where a building has been erected, on the owner or occupier of the building; and

(b)

where building works are being carried out, on the developer of the building works or the builder carrying out the building works.

(4)

If an order under subsection (1) is not complied with, the

Authority may —

(a)

demolish, remove or alter, or cause to be demolished, removed or altered, such building or building works, or take such other steps as appear to the Authority to be necessary including ordering the closure of the building; and

(b)

recover all expenses reasonably incurred by the Authority in the exercise of the Authority’s powers under this section from the person in default.

(5)

Notwithstanding the right of the Authority to exercise its powers under subsection (4), if any person on whom an order under subsection (1) is served fails to comply with the order, he is guilty of an offence and liable on conviction —

(a)

to a fine not exceeding $20,000, imprisonment for a term not exceeding 6 months or both; and

(b)

in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part thereof the failure to comply continues, and if the failure to comply continues after the conviction, the person is guilty of a further offence and liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the failure to comply continues after conviction.

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(6)

The Authority may seize any materials resulting from the carrying out of any work under subsection (4).

(7)

This section does apply to any building works, whether or not for or connected with any temporary building.