New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 129

129 Stop work orders

(1) The Secretary may, by written order given to a developer in relation to residential building work (a
"stop work order" ), order the developer to ensure that the building work stops if--

(a) in the Secretary's opinion the building work is, or is likely to be, carried out in a way that could result in significant harm or loss to the public or to occupiers or potential occupiers of the building to which the work relates or significant damage to property, or

(b) the following apply--

(i) there is a change in principal certifier or building practitioner for the residential building work,

(ii) in the Secretary's opinion the building work is, or is likely to be, carried out in a way that could prevent the valid issue of an occupation certificate or building compliance declaration for the residential building work.

(2) In subsection (1)(b)(ii), the valid issue of an occupation certificate or building compliance certificate means the issue of the certificate or declaration in accordance with the following Acts and the regulations made under the Acts, as appropriate--

(a) the Building and Development Certifiers Act 2018 ,

(b) the Design and Building Practitioners Act 2020 ,

(c) the Environmental Planning and Assessment Act 1979 ,

(d) this Act.

(3) A stop work order takes effect on the day the order is given to the developer or on a later day specified in the order.

(4) A stop work order may be unconditional or subject to conditions.

(5) The Secretary may, by written notice given to a developer who is subject to a stop work order, impose a condition on the order or revoke or vary a condition of the order.

(6) A stop work order remains in force until one of the following occurs--

(a) the order is revoked by the Secretary,

(b) the term, if any, of the order ends,

(c) the period of 12 months from the day on which the order takes effect ends.

(7) If the Secretary makes a stop work order, the Secretary must give the following persons notice of the making of the order--

(a) the relevant local council,

(b) if the local council is not the certifier in relation to the building work--the principal certifier.

(8) The Secretary is not required to give notice to a person under subsection (7) if the Secretary is unable, after making reasonable inquiries, to ascertain the identity of, or to locate, the person to whom notice would otherwise be required to be given.

(9) A person must not fail to comply with an order in force under this section.

: Maximum penalty--

(a) for a corporation--3,000 penalty units and, for a continuing offence, a further penalty of 300 penalty units for each day the offence continues, or

(b) otherwise--1,000 penalty units and, for a continuing offence, a further penalty of 100 penalty units for each day the offence continues.

(10) In this section--

"building practitioner" has the same meaning as in the Design and Building Practitioners Act 2020 .

"developer" , in relation to residential building work, means the following--

(a) the developer of the work within the meaning of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 if the work is building work within the meaning of that Act,

(b) the holder of the contractor licence in relation to the work.

"principal certifier" has the same meaning as in the Environmental Planning and Assessment Act 1979 , Part 6.