Shout Rock Decision

12 January 2024

The Shout Rock decision was released this week, following a swift turnaround with the hearing held less than 3 weeks ago. The court ruled that the Building Order to Minimize the Risk of Water Entry (BOMW) was invalid under section 113, which cannot be used to restrict access to a building or part of it. The Court of Appeal overturned the conjunctive interpretation of the phrase ‘building work, protection work or other work required by the regulations’ and stated it should be read broadly. Building surveyors can revert to using Notices and Orders (N/O) as before, but BOMW cannot be used to order work that restricts access, even if minor. This decision is seen as a positive outcome.

Please find the case details linked below: