Reprint as at 30 June 2016

Coat of Arms of New Zealand

Building Act 2004

Public Act
 
2004 No 72
Date of assent
 
24 August 2004
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purposes
4Principles to be applied in performing functions or duties, or exercising powers, under this Act
5Overview
6Act binds the Crown
7Interpretation
8Building: what it means and includes
9Building: what it does not include
10Meaning of allotment
11Role of chief executive
12Role of building consent authority and territorial authority
13Role of regional authority
14Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams
14AOutline of responsibilities under this Act
14BResponsibilities of owner
14CResponsibilities of owner-builder
14DResponsibilities of designer
14EResponsibilities of builder
14FResponsibilities of building consent authority
14GResponsibilities of product manufacturer or supplier
15Outline of this Part
16Building code: purpose
17All building work must comply with building code
18Building work not required to achieve performance criteria additional to or more restrictive than building code
19How compliance with building code is established
20Regulations may specify that there is only 1 means of complying with building code
21What happens if regulations specifying that there is only 1 means of complying with building code are made or not made
22Acceptable solution or verification method for use in establishing compliance with building code
23Effect of acceptable solution or verification method
24Chief executive may amend or revoke acceptable solution or verification method
25Content of acceptable solution or verification method
25AAcceptable solutions and verification methods to be available on Ministry’s Internet site
26Chief executive may issue warning about, or ban use of, building methods or products
27Offence to use building method or product in breach of ban under section 26
28Limits on certain powers of building consent authority in cases involving bans under section 26
29Procedural requirements for acceptable solutions, verification methods, warnings, and bans
30Procedural requirements for urgent acceptable solutions, verification methods, warnings, and bans
30ANational multiple-use approval establishes compliance with building code
30BHow to apply for national multiple-use approval
30CApplications for national multiple-use approval relating to design work that is restricted building work
30DChief executive must decide whether to accept, for processing, application for national multiple-use approval
30EProcessing application for national multiple-use approval
30FIssue of national multiple-use approval
30GRefusal to issue national multiple-use approval
30HSuspension or revocation of national multiple-use approval
31Building consent authority must apply for project information memorandum
32Owner may apply for project information memorandum
33Content of application
34Issue of project information memorandum
35Content of project information memorandum
36Territorial authority may issue development contribution notice
37Territorial authority must issue certificate if resource consent required
38Territorial authority must give copy of project information memorandum in certain circumstances
39Territorial authority must advise Heritage New Zealand Pouhere Taonga in certain circumstances
40Buildings not to be constructed, altered, demolished, or removed without consent
41Building consent not required in certain cases
42Owner must apply for certificate of acceptance if building work carried out urgently
42ABuilding work for which building consent is not required under Schedule 1
43Building consent not required for energy work
44When to apply for building consent
45How to apply for building consent
45AMinor variations to building consents
45BChanges to plans and specifications that have national multiple-use approval
46Copy of certain applications for building consent must be provided to New Zealand Fire Service Commission
47New Zealand Fire Service Commission may give advice on applications under section 46
48Processing application for building consent
49Grant of building consent
50Refusal of application for building consent
51Issue of building consent
52Lapse of building consent
53Applicant for building consent liable to pay levy
54Building consent authority must advise applicant of amount of levy payable
55Exemption from levy
56Payment of levy sufficient unless estimated value of building work changes
57Payment of levy if building work completed in stages
58Liability to pay levy: building consent authority
59Liability to pay levy: territorial authority
60Territorial authority may retain part of levy
61Chief executive may recover unpaid levies from territorial authority
62Territorial authority may recover unpaid levies from applicant for building consent
63Chief executive may obtain information in order to assess amount of levy payable
64Audit of issue of building consents for purpose of ascertaining payment of levy
65Chief executive may enter into agreements for auditing certain information
66Chief executive must review levy
67Territorial authority may grant building consent subject to waivers or modifications of building code
68Territorial authority must notify chief executive if waiver or modification granted
69Waiver or modification may only be granted by chief executive in certain cases
70Applications relating to energy work
71Building on land subject to natural hazards
72Building consent for building on land subject to natural hazards must be granted in certain cases
73Conditions on building consents granted under section 72
74Steps after notification
75Construction of building on 2 or more allotments
76Exemption from section 75
77Building consent must not be granted until condition is imposed under section 75
78Registrar-General of Land must record entry on certificate of title when certificate is lodged under section 77
79Effect of entry recorded on certificate of title
80Certificates of title for 2 or more allotments subject to registered instrument
81Mortgage, charge, or lien has priority over registered instrument
82Registrar-General of Land may require preparation of plan
83Owner may apply for entry to be removed
84Licensed building practitioner must carry out or supervise restricted building work
85Offences relating to carrying out or supervising restricted building work
86Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner
87Owner must notify names of licensed building practitioners engaged in restricted building work
87ANotices to building consent authority when owner-builder carries out restricted building work
88Licensed building practitioner to provide record of work in respect of restricted building work
89Licensed building practitioner must notify building consent authority of breaches of building consent
90Inspections by building consent authorities
90APurpose of this subpart
90BMeaning of owner-builder
90CMeaning of relevant interest
90DOwner-builder exemption
91Building consent authority that grants building consent to issue code compliance certificate
92Application for code compliance certificate
93Time in which building consent authority must decide whether to issue code compliance certificate
94Matters for consideration by building consent authority in deciding issue of code compliance certificate
95Issue of code compliance certificate
95ARefusal to issue code compliance certificate
96Territorial authority may issue certificate of acceptance in certain circumstances
97How to apply for certificate of acceptance
98Processing application for certificate of acceptance
99Issue of certificate of acceptance
99AAWithholding certificate of acceptance
99ARefusal of application for certificate of acceptance
100Requirement for compliance schedule
101Owner must comply with requirement for compliance schedule
102When compliance schedule must be issued
102AProcedure for obtaining compliance schedule where building consent not required
103Content of compliance schedule
104Building consent authority must notify territorial authority of issue of compliance schedule
104ATerritorial authority must issue statement in relation to compliance schedule
105Obligations of owner if compliance schedule is issued
106Application by owner for amendment to compliance schedule
107Territorial authority may amend compliance schedule on own initiative
108Annual building warrant of fitness
109Territorial authority must consider recommendation to amend compliance schedule
110Owner must obtain reports on compliance schedule
111Inspections by territorial authority
112Alterations to existing buildings
113Buildings with specified intended lives
114Owner must give notice of change of use, extension of life, or subdivision of buildings
115Code compliance requirements: change of use
116Code compliance requirements: extension of life
116ACode compliance requirements: subdivision
116BOffence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire
117Definition for sections 118 to 120
118Access and facilities for persons with disabilities to and within buildings
119Acceptable solution for requirements of persons with disabilities
120Symbols of access must be displayed
121Meaning of dangerous building
121AMeaning of affected building
122Meaning of earthquake-prone building
123Meaning of insanitary building
124Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority
125Requirements for notice requiring building work or restricting entry
126Territorial authority may carry out work
127Building work includes demolition of building
128Prohibition on using dangerous, affected, earthquake-prone, or insanitary building
128AOffences in relation to dangerous, affected, earthquake-prone, or insanitary buildings
129Measures to avoid immediate danger or to fix insanitary conditions
130Territorial authority must apply to District Court for confirmation of warrant
131Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings
132Adoption and review of policy
132APolicy must take into account affected buildings
133Application of this subpart to dams
133ADams to which subpart 7 provisions apply
133BMeasurement of dams
133CObligation to notify regional authority of classifiable or referable dam and change of ownership
134When owner must classify dam
134ARegional authority may require owner to classify referable dam
134BMethod of classification
134BAClassification of dams that are canals
134COffence of failing to classify dam
135Owner must provide classification of, and certificate for, dam to regional authority
135ACertifying engineer must notify regional authority and owner if dam dangerous
136Regional authority must decide whether to approve or refuse dam classification
137Dam classification provided to regional authority by accredited dam owner deemed to have been approved
138Regional authority must require re-audit of dam classification that it refuses to approve
139Owner must review dam classification
140Requirement for dam safety assurance programme
141Content of dam safety assurance programme
142Owner must provide dam safety assurance programme to regional authority
143Regional authority must decide whether to approve or refuse dam safety assurance programme
144Dam safety assurance programme provided to regional authority by accredited dam owner deemed to have been approved
145Regional authority must require re-audit of dam safety assurance programme that it refuses to approve
146Review of dam safety assurance programme
147Requirements of sections 140 to 142 relate to amendments to dam safety assurance programme
148Obligations of owner in relation to dam safety assurance programme
148ADam safety assurance programme for dams that are canals
148BDam safety assurance programme for 2 or more dams forming single reservoir
149Who is recognised engineer
150Owner of dam must supply annual dam compliance certificate
150AAnnual dam compliance certificate requirements not to apply to accredited dam owner
151Register of dams
152Information to be provided to chief executive
153Meaning of dangerous dam
153AMeaning of earthquake-prone dam and flood-prone dam
153BOwner must notify regional authority of dangerous dam
154Powers of regional authorities in respect of dangerous dams
155Requirements for notice given under section 154
156Regional authority may carry out work
157Measures to avoid immediate danger
158Regional authority must apply to District Court for confirmation of warrant
159Building work includes decommissioning and demolition of dam
160Power of regional authority not limited
161Regional authority must adopt policy on dangerous dams, earthquake-prone dams, and flood-prone dams
162Adoption and review of policy
163Definitions for this subpart
164Issue of notice to fix
165Form and content of notice to fix
166Special provisions for notices to fix from building consent authority
167Inspection of building work under notice to fix
168Offence not to comply with notice to fix
168AChief executive’s functions in relation to this Act
169Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
170Chief executive must consult in performing certain functions
171Chief executive may seek advice from building advisory panel
172Appointment of building advisory panel
173Function of panel
174Chief executive must report on panel’s operation
175Chief executive may publish guidance information
175AChief executive may provide dispute resolution services
176Meaning of party
177Application for determination
178Requirements for application for determination
179Chief executive may refuse application for determination
180Application for determination may be withdrawn
181Chief executive may make determination on own initiative
182No proceedings until determination made
183Decision or exercise of power suspended until determination made
184Chief executive must decide whether to make determination
185When determination must be completed
186Procedure for determination
187Chief executive may engage persons to assist with determination
188Determination by chief executive
189Clarification of determination
190Parties’ costs
191Chief executive may enter person’s name in register of building consent authorities
192Criteria for registration
193Effect of registration
194Application for registration
195Chief executive must decide application for registration
196Registration continuous so long as person meets criteria for registration
197Consequences of failure to meet criteria for registration
198Effect of suspension
199Offence for person to perform functions of building consent authority or regional authority if person not registered, etc
200Complaints about building consent authorities
201Chief executive may conduct investigation on own initiative
202Procedure if chief executive proceeds to investigate complaint or matter
203Disciplinary powers of chief executive
204Special powers of chief executive for monitoring performance of functions under this Act
205Limits on power to enter land or building
206Chief executive must supply warrant
207Duties of person supplied with warrant
207AChief executive may require person to provide information or produce documents
207BOffence of failing to comply with chief executive’s notice for provision of information
208Appeals to District Court
209Procedure for commencing appeal
210Steps after appeal is commenced
211Powers of District Court on appeal
212Territorial authority must act as building consent authority for its district
213Territorial authority may make arrangements relating to functions of building consent authority
214How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority
215Territorial authority must gain accreditation and be registered
216Territorial authority must keep information about buildings
217Access to certain information kept by territorial authority
218Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive’s function under section 169
219Territorial authority may impose fee or charge and must collect levy
220Territorial authority may carry out building work on default
221Recovery of costs when territorial authority carries out work on default
222Inspections by territorial authority
223Duty to assist inspections
224Warrant must be produced
225Offence to impersonate authorised officer
226Restriction on entry to household unit
227District Court may authorise entry to household unit
228Authorised officer must give notice to occupier of household unit
[Repealed]
229Authorisation of enforcement officers [Repealed]
230Conditions of authorisation [Repealed]
231Offence to impersonate enforcement officer [Repealed]
232Delegation of powers by territorial authority and its officers
233Transfer of functions, duties, or powers of territorial authority
234Procedure for transfer
235Territorial authorities may agree on terms of transfer
236Effect of transfer
237Application of subpart
238Duties of building consent authority
239Building consent authority must provide information to chief executive
240Building consent authority may impose fee or charge and must collect levy
241Regional authority must gain accreditation and be registered
242Regional authority must provide information to chief executive
243Regional authorities may impose fee or charge and recover costs, and must collect levy
244Transfer of functions, duties, and powers of regional authority
245Procedure for transfer
246Regional authorities may agree on terms of transfer
247Effect of transfer
248Chief executive may appoint building consent accreditation body
249Requirements for building consent accreditation body
249AFees for audits
250Accreditation
251Criteria for accreditation
252Scope of accreditation of building consent authority that is not territorial authority
253Application for accreditation
254Revocation of accreditation
255Building consent accreditation body must notify chief executive of grant and revocation of accreditation
256Chief executive may appoint dam owner accreditation body
257Requirements for dam owner accreditation body
257AFees for audits
258Accreditation
259Revocation of accreditation
260Dam owner accreditation body must notify chief executive of grant and revocation of accreditation
261Chief executive may appoint product certification accreditation body
262Requirements for product certification accreditation body
262AFees for audits
263Accreditation
264Criteria for accreditation
265Application for accreditation
266Suspension or revocation of accreditation
267Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation
268Application for product certificate
269Issue of product certificate
270Annual review of product certificate
271Suspension or revocation of product certificate
272Product certification body must notify chief executive of issue, suspension, lifting of suspension, and revocation of certificate
273Chief executive must keep registers
274Purpose of registers
275Content of register of building consent authorities
276Review of territorial authorities
277Non-performance by territorial authority
278Criteria for appointment or renewal of appointment
279Effect of appointment
280Costs may be recovered from territorial authority
281Requirements for appointment
281AWhat fees and charges may be imposed
281BAuthority may increase fee or charge to meet additional cost
281CAuthority may waive or refund fee or charge
281DValidity of previous fees, charges, and additional costs
282Definitions for this Part
282APurposes of licensing building practitioners
283Specified procedure for making decisions
284Other procedure for making decisions
285Licensing classes may be designated by regulations
286Entitlement to be licensed
287Applications to become licensed
288Registrar to license applicant or decline application
289Duty to produce evidence of being licensed
290Term of being licensed
291Automatic licensing of people registered under other enactments
292Licensed building practitioner must meet applicable minimum standards for licensing to continue
293Consequences of failure to meet applicable minimum standards for licensing
294Cancellation of licensing
295Mandatory licensing suspension
296Voluntary licensing suspension
297Effect of licensing suspension
298Register of licensed building practitioners
299Purpose of register
300Form of register
301Matters to be contained in register
302Obligation to notify Registrar of change in circumstances
303Registrar must contact licensed building practitioners on annual basis
304Alterations to register
305Search of register
306Search criteria
307Search purposes
308When search constitutes interference with privacy of individual
309Search fees
310Appointment of Registrar of Licensed Building Practitioners
311Functions of Registrar
312Power of Registrar to delegate
313Certificate of Registrar to be conclusive evidence
314Offences relating to licensing
314ACode of ethics for licensed building practitioners
314BLicensed building practitioner must work within competence
315Complaints about licensed building practitioners
316Board must investigate complaints
317Grounds for discipline of licensed building practitioners
318Disciplinary penalties
319Non-payment of fines or costs
320Payment and application of charges, fines, and other money
321Board must act independently
322Board may hear evidence for disciplinary matters
323Issuing of summons by Board
324Service of summons
325Witnesses’ fees, allowances, and expenses
326Failure to comply with summons
327Witness and counsel privileges
328Enforcement of actions
329Certificate of Board to be conclusive evidence
330Right of appeal
331Time in which appeal must be brought
332Method of bringing appeal
333Notice of right of appeal
334Actions to have effect pending determination of appeal
335Procedure on appeal
336Appeal authority’s decision final
337Appeal authority may refer matter back for reconsideration
338Orders as to costs
339Orders as to publication of names
340Appeal on question of law
341Establishment of Board
342Capacity and powers
343Board’s functions
344Composition of Board
345Criteria for appointment
346Further provisions relating to Board and its members
347Obligation to prepare annual report
348Form and content of annual report
349Obligation for Board to provide annual report to Minister
350Board to publish reports
351Annual reports to be presented to House of Representatives
352Power of Minister to require information relating to affairs of Board
353Rules relating to licensed building practitioners
354Chief executive to prepare proposed rules
355Particular requirements for preparation of rules containing LBP standards
356Rules to be approved by Board
357Revision of rules
358Approval of revised rule
359Requirements of sections 355 to 358 relate to amendments and revocations by Board
360Rules to be approved by Minister
361Rules made when approved by Minister
362Status of rules
362AOutline of this Part
362BMeaning of building work and residential building contract
362CConsumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part
362DBuilding contractor must provide information before residential building contract entered into
362EPurpose of regulations under section 362D
362FMinimum requirements for residential building contract over certain value
362GRegulations may prescribe content, etc of residential building contract
362HWhen provisions relating to implied warranties apply
362IImplied warranties for building work in relation to household units
362JProceedings for breach of warranties may be taken by non-party to contract
362KPerson may not give away benefit of warranties
362LRemedies for breach of implied warranty
362MRemedies if breach of warranty can be remedied
362NRemedies if breach of warranty cannot be remedied or breach is substantial
362OMeaning of substantial breach
362PRules applying to cancellation
362QBuilding contractor or on-seller must remedy defect notified within 1 year of completion
362RDefinitions for purposes of section 362Q
362SExclusion of liability for event not attributable to fault of building contractor or on-seller
362TBuilding contractor must provide prescribed information and documentation on completion of residential building work
362UPurpose of regulations under section 362T(2)
362VOffence for commercial on-seller to transfer household unit without code compliance certificate
362WPremises in respect of which duty arises under section 363
363Protecting safety of members of public using premises open to public or intended for public use
363APublic use of premises may be allowed before issue of code compliance certificate in some circumstances
363BApplication of section 363 to building work where consent granted, or work begun, before 31 March 2005 [Repealed]
363CSection 363 does not apply to building work commenced before 31 March 2005
364Offence for residential property developer to transfer household unit without code compliance certificate [Repealed]
365Offence to fail to comply with direction of authorised person
366Offence to impersonate building consent authority or regional authority, etc
367Offence to obstruct execution of powers under this Act
368Offence to remove or deface notices
369Offence to make false or misleading statement
370Interpretation
371Proceedings for infringement offences
371AWho may issue infringement notices
371BAuthorisation to issue infringement notice
371CConditions of authorisation
371DOffence to impersonate enforcement officer
372Issue of infringement notices
373Form of infringement notices
374Payment of infringement fees
375Prosecution of offences
376Offences punishable on summary conviction [Repealed]
377Filing charging document
378Time limit for filing charging document
379Offence under more than 1 enactment
380What constitutes continuing offence
381District Court may grant injunctions for certain continuing breaches
382Terms of injunction or order
383District Court may direct chief executive to make determination
384District Court may grant interim injunctions
385Application of section 381 to Crown organisation
386Liability of principal for acts of agents
387Liability for acts of employees or agents of Crown organisations
388Strict liability and defences
389Fines to be paid to territorial authority or regional authority instituting prosecution
390Civil proceedings may not be brought against chief executive, employees, etc
391Civil proceedings against building consent authorities
392Building consent authority not liable
393Limitation defences
394Service of notices
395Notices in relation to Māori land
396Application of sections 397 to 399 [Repealed]
397Implied warranties for building work in relation to household units [Repealed]
398Proceedings for breach of warranties may be taken by person who was not party to contract for building work [Repealed]
399Person may not give away benefit of warranties [Repealed]
400Regulations: building code
401Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
401ARegulations: building consents and consent completion certificates
401BOrder in Council declaring work to be restricted building work
402Regulations: general
402AChief executive must review regulations made under section 402(1)(kb)
403Consultation requirements for making regulations
404Certain regulations must not come into force earlier than specified date
405Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods
406Effect of amendments to, or replacement of, material incorporated by reference
407Proof of material incorporated by reference
408Effect of expiry of material incorporated by reference
409Requirement to consult
410Access to material incorporated by reference
411Application of Legislation Act 2012 to provisions incorporated by reference
412Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed]
413Application of Standards and Accreditation Act 2015 not affected
414Amendments to other enactments
415Repeal
416Outline of transitional provisions
417No compensation for loss of office
418Authority dissolved
419Assets and liabilities vest in Crown
420Protection from civil liability for members, building referees, and employees of Authority continued
421Restriction of compensation for technical redundancy
422Reappointment of employee of Authority to Ministry
423Final reports and accounts
424References to Authority
425Proceedings of Authority
426Validation of levy
427Validation of past expenditure of levy
428Validation of accumulation of levy
429Transitional provision for matters of doubt or dispute relating to building control under former Act
430Transitional provision for building levy under former Act
431Transitional provision for rate of building levy under this Act
432Transitional provision for certain applications
433Transitional provision for building consents granted under former Act
434Transitional provision for certain entries on certificates of title made under former Act
435Transitional provision for notices issued under former Act
436Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
437Transitional provision for issue of certificate of acceptance
438Transitional provision for code compliance certificates and compliance schedules issued under former Act
439Transitional provision for document used in establishing compliance with building code
440Transitional provision for applications for approval as building certifier under former Act
441Transitional provision for applications for continuation or renewal of approval as building certifier under former Act
442Meaning of approved building certifier
443Approved building certifiers have until 31 May 2006 to apply to be registered as building consent authority
444What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006
445What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006
446Certain provisions of former Act apply for purposes of sections 444 and 445
447Transitional provision for certificate of accreditation issued under former Act
448Transitional provision for proceedings under former Act
449Territorial authorities and regional authorities must apply to be registered by 31 May 2006
450When territorial authority may and must act as building consent authority during transition to this Act
451Chief executive must review building code
Reprint notes