On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 30/12/1999.
PART IV
Dangerous Buildings
23.
—(1) If it appears to the Commissioner of Building Control that a building is in such a condition, or is used to carry such loads, as to be or likely to be dangerous, the Commissioner of Building Control may —
(a)
where danger arises or is likely to arise from the condition of the building, make an order requiring the owner thereof to do all or any of the following within such time as may be specified:
(i)
to carry out or cause to be carried out such inspection of the building as he may specify;
(ii)
to execute such building works as may be necessary to obviate the danger;
(iii)
to demolish the building or any part thereof, and remove any rubbish resulting from the demolition; or
(b)
where danger arises or is likely to arise from overloading of the building, make an order requiring the owner thereof to restrict its use until the Commissioner of Building Control, being satisfied that any necessary building works have been executed, withdraws or modifies the restriction.
[4/99]
(2) If the person on whom an order made under subsection (1) is served fails to comply with the order within the time specified, the Commissioner of Building Control may —
(a)
execute the order in such manner as he thinks fit; and
(b)
recover all expenses reasonably incurred by him in doing so from the person in default.
[4/99]
(3) Without prejudice to the right of the Commissioner of Building Control to exercise his powers under subsection (2), any person who, without reasonable excuse, fails to comply with an order served on him under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
[4/99]
24.
—(1) If it appears to the Commissioner of Building Control that —
(a)
a building is in such a state or situation, or is used to carry such loads, as to be dangerous; and
(b)
immediate action should be taken to remove the danger,
he may, if he considers it necessary, take such steps as may be necessary for that purpose, including ordering the closure of the building.
[4/99]
(2) Before exercising his powers under this section, the Commissioner of Building Control shall, if it is reasonably practicable to do so, give notice of his intention to the owner and every occupier of the building.
[4/99]
(3) Subject to this section, the Commissioner of Building Control may recover from the owner of the building all expenses reasonably incurred by him under this section.
[4/99]
(4) So far as expenses incurred by the Commissioner of Building Control under this section consist of expenses of fencing off the building, or arranging for it to be watched, the expenses shall not be recoverable in respect of any period —
(a)
after the danger has been removed by other steps under this section; or
(b)
after an order made under section 23 for the purpose of its removal has been complied with or has been executed as mentioned in section 23(2).
[4/99]
(5) In any proceedings to recover expenses under this section, the court shall inquire whether the Commissioner of Building Control might reasonably have proceeded instead under section 23.
[4/99]
25.
—(1) Where the Commissioner of Building Control makes any order under this Act requiring the closure of any building, the order (referred to in this section as a closure order) shall be served on the owner and every occupier of the building.
[4/99]
(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.
[2/91]
(3) Except with the permission in writing of the Commissioner of Building Control, no person, other than a public 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.
(3A) Any person who contravenes or fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 monthsor to 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.
(4) Where the Commissioner of Building Control thinks fit, he may, subject to such conditions as he 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.
[4/99]
(5) Any permission granted under subsection (4) may be cancelled by the Commissioner of Building Control at any time and for any reason.
[4/99]
(6) 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);
(b)
the Commissioner of Building Control may seal or cause to be sealed, all or any of the entrances to or exits from the building; and
(c)
the Commissioner of Building Control or any police officer may remove all goods, furniture and effects from the building.
[2/91; 4/99]
(7) A closure order shall remain in force in respect of a building until the Commissioner of Building Control had served a notice of expiry of the order on the owner 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.
[4/99]
(8) Every notice of expiry of a closure order shall specify the building to which it relates and the date upon which the order expires.