Building Control Act 1989 · 2020 Revised Edition · Part 4 · Dangerous Buildings and Occurrences
25. Closure orders
Feedback & supportLast amended by an amending law of 2012. 2 amendments in all.
Where the Commissioner of Building Control makes any closure order, the order must be served on the owner and every occupier of the building or the land or slope, as the case may be.
Commissioner of Building Control
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
A closure order in respect of a building 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.
building
“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —(i)is or is to be supported by water;(ii)is not intended for or useable in navigation; and(iii)is or is to be permanently moored;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
A closure order in respect of land or a slope may do one or more of the following:
require the owner or occupier of the land or slope to which the order relates to secure the area within or around the land or slope to prevent access into the area;
specify the means by which the area is to be secured, including the installation of any hoarding, fence, cordon, barricade or other physical barrier to entry;
require the installation of safety features within or around the land or slope, including adequate lighting and warning signs or lights.
Except with the written permission of the Commissioner of Building Control, a person, other than a public officer in the course of his or her duty, must not —
enter or be in a building at any time while a closure order is in force in respect of the building; or
enter or be on any land or slope at any time while a closure order is in force in respect of the land or slope.
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 12 months or 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.
Where the Commissioner of Building Control thinks fit, he or she may, subject to such conditions as he or she may impose, by written notice permit any person to enter and be in a building or on any land or slope while a closure order is in force in respect of the building or land or slope, as the case may be.
Any permission granted under subsection (4) may be cancelled by the Commissioner of Building Control at any time and for any reason.
Where a closure order is in force in respect of a building or any land or slope —
any police officer may, with such force or assistance as may be necessary, remove any person who is in the building or on the land or slope in contravention of subsection (3);
the Commissioner of Building Control may seal or cause to be sealed, all or any of the entrances to or exits from the building or the means of access to or egress from the land or slope, as the case may be; and
the Commissioner of Building Control or any police officer may remove all goods, furniture and effects from the building.
A closure order remains in force in respect of a building until the Commissioner of Building Control has 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.
A closure order remains in force in respect of any land or slope until the Commissioner of Building Control has served a notice of expiry of the order on the owner of the land or slope.
Every notice of expiry of a closure order must specify the building or the land or slope to which it relates and the date upon which the order expires.