Building Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
106 Application by owner for amendment to compliance schedule

(1)

An owner of a building that has 1 or more specified systems may, at any time and entirely at the owner’s discretion, apply to the territorial authority of the district in which the building is situated for an amendment to a compliance schedule for the building.

(2)

However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if—

(a)

the owner considers that the amendment is required to ensure that the specified systems are performing, and will continue to perform, to the performance standards for those systems; or

(b)

as a result of an amendment to this Act or any regulation made under it, the compliance schedule—

(i)

no longer complies with the requirements of this Act or any regulations made under it; or

(ii)

contains information that is no longer required under this Act or any regulations made under it.

(2A)

An application under subsection (2)(b) must be made before the next anniversary of the issue of the compliance schedule following the amendment of the Act or regulation that results in the compliance schedule becoming non-compliant or containing information that is no longer required.

(3)

The owner must—

(a)

apply for the amendment in the prescribed form; and

(b)

provide any information that the territorial authority reasonably requires in relation to the application; and

(c)

pay any fees and charges imposed by the territorial authority under section 219.

(4)

The territorial authority must, as soon as practicable after receiving the application, decide whether to amend the compliance schedule.

(5)

If the territorial authority decides to amend the compliance schedule, the territorial authority must—

(a)

give written notice of the amendment to the owner; and

(b)

attach a copy of the amended compliance schedule to the notice.

(6)

If the territorial authority refuses to amend the compliance schedule, the territorial authority must give written notice of, and the reasons for, the refusal to the owner.

Section 106(2): replaced, on 13 March 2012, by section 45(1) of the Building Amendment Act 2012 (2012 No 23).

Section 106(2A): inserted, on 13 March 2012, by section 45(1) of the Building Amendment Act 2012 (2012 No 23).

Section 106(3)(c): replaced, on 13 March 2012, by section 45(2) of the Building Amendment Act 2012 (2012 No 23).