Where the services of design professionals (Architects and Engineers) are used, Nova Scotia Building Code Regulations require that design professionals provide field reviews of construction. The following series of letters in the PDF document below are required to be filed, as necessary, together with the project plans and specifications when applying for a building permit.
Where a dispute arises between an owner of a building or the owners agent, and a building official respecting:
The owner or the owners agent may make an application to the Committee for a ruling on the subject-matter of the dispute.
Any person who is adversely affected by an order given or decision made by a building official under the Building Code Act, or by a decision of the Nova Scotia Building Advisory Committee may, within thirty days after the order or decision is made, apply to the Supreme Court of Nova Scotia for a hearing and appeal.
Where an application is made to the Supreme Court, in respect of a matter in which a question is pending before the Committee, the proceeding before the Committee is terminated.
The court may refer a question respecting the technical requirements of the Building Code or the sufficiency of compliance with such technical requirements to the Committee for a determination, and the procedure before or the composition of the Committee shall be determined pursuant to Section 15 of the Building Code Act, following which the Committee shall report to the court.
Any party to the hearing before the Supreme Court of Nova Scotia may appeal the decision to the Nova Scotia Court of Appeal in accordance with the Civil Procedure Rules.
An appeal pursuant to this Section may be made upon any question that is not a question of fact alone.