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Updated: 13 October 2018

Part F. Site Operations

F7. Cutting Into, Laying Open and Demolishing Certain Work

1. Where the local authority on reasonable grounds, believes that any work carried out in connection with the erection of any building is not in accordance with the provisions of these regulations or any approval or authority granted thereunder, such local authority may, in order to establish whether such work is in accordance with such provision, approval or authority, by notice in writing, order the owner of such building -


(a) to supply satisfactory proof that such work is in accordance with such provision, approval or authority; or


(b) to cause such work to be cut into, laid open or demolished to the extent required by the local authority; or


(c)to cause a test of such work to be carried out within such time and to such extent and by such person as it specified in such notice.


2.

(a) Where such local authority orders the owner to cause a test to be carried out as contemplated in subregulation (1)(c), a written report in regard to such test shall be submitted by the owner to the local authority, which report shall be signed by the person who carried out the test and which shall contain details in regard to the testing apparatus, methods and materials used in the test, the conditions under which such test was carried out and the results obtained during the test and at the conclusion thereof.


(b) Where as a result of a report contemplated in paragraph (a) the local authority is not satisfied that the work concerned is in compliance with the requirements referred to in subregulation (1), the local authority may, by notice served on the owner, order the owner to take such steps as it deems necessary, and within such period as is stated in such notice, to ensure that there is such compliance, or the local authority may in such notice order the owner to cause such work to be cut into, laid open or demolished as contemplated in subregulation (1)(b).


3.

(a) Any owner having been ordered to cause any work to be cut into, laid open, demolished or tested in terms of this regulation shall not continue with such work or with any other work affected thereby unless the local authority has authorized him, in writing, to continue.


(b) Where the local authority is satisfied that work on the affected part of the building may proceed, it shall forthwith give authorization to so proceed.


4. Where such cutting into, laying open, demolishing or testing reveals that a contravention of the requirements of these regulations, or of any approval or authority granted by the local authority, has taken place, or if the necessity for such cutting into, laying open, demolishing or testing is attributable wholly or partly to any contravention of the proviso to subregulation A4(1)(b) or the requirements of regulation A22 or A25, the cost of such work and any making good subsequent thereto shall be borne by the owner, and in any other case by such local authority.


5. Any owner who contravenes any provision of this regulation or who fails to comply with any notice served on him in terms thereof, shall be guilty of an offence.



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