Section 221 — Building Act 2004: Recovery of costs when territorial authority carries out work on default

221 Recovery of costs when territorial authority carries out work on default (1) If a territorial authority is entitled under this Act to recover the costs of carrying out any building work from the owner of any building or land,— (a) the money payable becomes a charge on the land; and (b) the provisions of the Local Government (Rating) Act 2002 and the Local Government Act 2002 apply accordingly. (2) The territorial authority— (a) may destroy, sell, or otherwise dispose of any materials that result from the carrying out of any work by the territorial authority; and (b) in the case of the sale of any materials,— (i) must apply the proceeds of the sale towards payment of the amount payable to the territorial authority under subsection (1) ; and (ii) must pay the surplus (if any) to the owner. (3) If the territorial authority exercises the powers conferred by this section, the exercise of those powers does not relieve a person from any penalty for failure to comply with the requirements of a notice under this Act. (4) Any building work that is carried out, or is to be carried out, by a territorial authority under this section is declared to be a public work for the purposes of the Public Works Act 1981 . Compare: 1991 No 150 s 75