Cap. 513 Art. 14Enforcement notice.

(1) The Director, Building Regulation Office, or any person duly appointed to act on his behalf, may serve an enforcement notice in any of the following circumstances:

(a) where the construction of any building or carrying out of any works to which building regulations apply is commenced or has been completed or any material change takes place in the purposes for which any building is used, which construction, works or change are not carried out in conformity with building regulations; or

(b) where the building or works are not designed or have not been, or are not being, constructed or carried out in conformity with building regulations; or

(c) where the failure to comply with building regulations results following a decision by the Board not to grant a dispensation or relaxation pursuant to this Act, which decision by the Board is final, or following a judgement by the Court of Appeal (Inferior Jurisdiction), as the case may be; or

(d) where the Director, Building Regulation Office, is not supplied with the particulars and, or the documentation required within the period established by the building control regulations.

(2) An enforcement notice may be served on -

(a) the owner of the building or works concerned; or

(b) any other person who carried out, or is carrying out, the works to which the notice applies; or

(c) the occupier or persons making use of the building who shall immediately inform the owner of the building of such enforcement notice.

(3) The Director Building Regulation Office, shall also inform the site manager and the perit responsible for the said works, if known, that an enforcement notice has been issued by the Building Regulation Office.

(4) An enforcement notice, in particular and without prejudice to the other provisions of this article, may -

(a) subject to any relevant dispensation or relaxation already granted by the Board, according to articles 10 or 13 or by the Court of Appeal (Inferior Jurisdiction), require such steps as may be specified in the notice to be taken within such period as may be so specified for the purposes of ensuring compliance with building regulations, and such notice may require -

(i) the removal, alteration or making safe of any structure service, fitting or equipment; or

(ii) the cessation of any works or the doing of any other thing as may be specified in the notice in relation to the building or works to which the notice relates;

(b) prohibit the use of a building, or a specified part of a building, for any purpose specified in the notice until the specified measures are taken to the satisfaction of the Director, Building Regulation Office, by the removing, altering or making safe of any structure, service, fitting or equipment or the cessation of any works or by the doing of any other thing in relation to such building or such specified part of a building that may be required by the notice.

(5) Subject to sub-article (6), an enforcement notice shall take effect at the expiration of such period, being a period of not less than fourteen days beginning on the date of the service of such notice, as may be specified therein: Provided that where the notice orders the cessation of any work, it shall have effect immediately.

(6) A person on whom an enforcement notice has been served pursuant to this article shall comply with the terms of the notice within the period specified therein.

(7) Where a person fails to comply with the requirements of sub-article (6), the Director, Building Regulation Office, or his representative may enter into any building or works to which the enforcement notice relates and may enter any land as may be necessary for that purpose, and therein take any action or do anything required by the notice.

(8) Where, pursuant to sub-article (7), the Director, Building Regulation Office, or his representative enters into any building or works to which the enforcement notice relates and takes any action or does anything in relation thereto, the Director or his representative may, on satisfying the Court that the person on whom the enforcement notice was served is either the owner of the building or a person who carried out the works to which the enforcement notice relates, or the occupier in terms ofsub-article (2)(c) and that such person failed to comply with the requirements of sub-article (6), recover the costs involved in taking the action as a civil debt.