Victorian Current Acts

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BUILDING ACT 1993 - SECT 250

Right of owner to carry out required work on occupied building or land

    (1)     If the owner of a building or land is required to carry out any work or do any other thing under this Act or the regulations the owner may give a written notice to the occupier of the building or land—

        (a)     stating particulars of the work to be carried out or thing to be done; and

        (b)     requiring the occupier to permit the owner and any other person to enter the building or land and carry out the work or do the thing.

    (2)     If the occupier of the building or land does not comply with a notice within 7 days after the notice is given, the owner of the building or land may apply to the Magistrates' Court for an order.

    (3)     The Magistrates' Court may make an order requiring the occupier of the building or land to permit the owner and any other person to enter the building or land and carry out the work or do the thing.

S. 250(4) amended by No. 33/2010 s. 52.

    (4)     The occupier of the building or land must comply with the order.

Penalty:     120 penalty units.

    (5)     While the occupier of the building or land fails to comply with the order the owner of the building or land is not liable for an offence for failing to carry out the work or do the thing.



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