When are start and final clearance required?
Construction may not begin before the building committee has issued a start clearance, and the building may not be taken into use before a final clearance. Breaching this triggers a building sanction charge.
What the source says
- Chapter 10 section 3 of the Planning and Building Act: work may not begin before a start clearance is issued.
- Chapter 10 section 4: a structure may not be taken into use before a final clearance.
- Chapter 11 section 51: a building sanction charge is levied for breaches, at rates set by ordinance.
Source rows
For the owner, landlord or seller
Book the technical consultation early, the start clearance presupposes an acceptable control plan.
For the tenant, buyer or client
The final clearance evidences that the building may be used, ask for it before taking possession.
Next step
Read the clearances together with the technical property requirements, the control plan ties them together.
The page states what the source says under the stated conditions. It is not advice in an individual matter.
Next step
Three ways to put the register to work in your own practice.
Start with your task
Litigation
Find support in a judgment
Search guiding decisions, see what became final and follow changes in the law.
In-house, deals
Map the rules in a transaction
Move from theme to act and on to the article that carries the duty.
Compliance
Assess the risk in a process
Risk scoring per legal area, with the sources behind every score.