Skip to content
Back to the text

Building Control Act · s 36

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?

The text as we hold it

Open the official text

s 36Closure orders

(1)

Where the Authority makes any closure order, the order shall be served on the owner and occupier of the building.

(2)

A closure order may require the owner or occupier of the building to which the order relates to cease to inhabit the building and to remove all goods, furniture and effects from the building before the order comes into force.

(3)

Except with the permission in writing of the Authority, no person, other than any authorised officer in the course of his duty, shall enter or be in a building at any time while a closure order is in force in respect of the building.

(4)

Any person who contravenes or fails to comply with subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both and, in the case of a continuing offence, to a further fine not exceeding $200

for every day during which the offence continues after conviction.

(5)

Where the Authority thinks fit, the Authority may, subject to such conditions as the Authority may impose, by notice in writing permit any person to enter and be in a building while a closure order is in force in respect of the building.

(6)

Any permission granted under subsection (5) may be cancelled by the Authority at any time without giving any reason.

(7)

Where a closure order is in force in respect of a building —

(a)

any police officer may, with such force or assistance as may be necessary, remove therefrom any person who is in the building in contravention of subsection (3);

Building Control 70

(b)

the Authority may seal or cause to be sealed all or any of the entrances to, or exits from, the building; and

(c)

the Authority or any police officer may remove all goods, furniture and effects from the building.

(8)

A closure order shall remain in force in respect of a building until the Authority had served a notice of expiry of the order on the owner or occupier of the building by causing the notice to be posted upon a conspicuous part of the building to which it relates and by serving a copy of the notice upon the owner or occupier.

(9)

Every notice of expiry of a closure order shall specify the building to which it relates and the date upon which the order expires.