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Building Act 2004

Preliminary provisions - Outline of regulatory roles under this Act

12: Role of building consent authority and territorial authority

You could also call this:

"What building consent authorities and councils do to ensure buildings are safe"

Illustration for Building Act 2004

You need to know what a building consent authority does. It issues building consents, except when a waiver or modification of the building code is required. It inspects building work and issues notices to fix. You also need to know what a territorial authority does. It performs the functions of a building consent authority if it is also a building consent authority and you apply for a building consent. It issues project information memoranda and documents under section 35A. A territorial authority grants exemptions and waivers of the building code. It issues certificates of acceptance and administers annual building warrants of fitness. It enforces the provisions relating to annual building warrants of fitness and decides how buildings must comply with the building code when they are altered or their use is changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306328.

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Topics:
Housing and property > Home safety and repairsHousing and property > Land useGovernment and voting > Local councils
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Part 1Preliminary provisions
Outline of regulatory roles under this Act

12Role of building consent authority and territorial authority

  1. Under this Act, a building consent authority—

  2. issues building consents, but not if a building consent is required to be subject to a waiver or modification of the building code; and
    1. inspects building work for which it has granted a building consent; and
      1. issues notices to fix; and
        1. issues code compliance certificates; and
          1. issues compliance schedules.

            1. Under this Act, a territorial authority—

            2. performs the functions of a building consent authority set out in subsection (1)(a) (including the issue of building consents subject to a waiver or modification of the building code) if—
              1. the territorial authority is also a building consent authority; and
                1. an owner applies to the territorial authority for a building consent; and
                2. issues project information memoranda (including memoranda in relation to non-consented small stand-alone dwellings); and
                  1. issues documents under section 35A; and
                    1. grants exemptions under clause 2 of Schedule 1; and
                      1. grants waivers and modifications of the building code; and
                        1. issues certificates of acceptance; and
                          1. issues and amends compliance schedules; and
                            1. administers annual building warrants of fitness; and
                              1. enforces the provisions relating to annual building warrants of fitness; and
                                1. decides the extent to which buildings must comply with the building code when—
                                  1. they are altered; or
                                    1. their use is changed; or
                                      1. their specified intended life changes; and
                                      2. performs functions relating to dangerous, insanitary, or earthquake-prone buildings or buildings located in areas designated under subpart 6B of Part 2; and
                                        1. enforces duties or obligations under section 162C (residential pools must have means of restricting access); and
                                          1. carries out any other functions and duties specified in this Act; and
                                            1. carries out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (k).

                                              Notes
                                              • Section 12(2)(b): replaced, on , by section 5(1) of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).
                                              • Section 12(2)(ba): inserted, on , by section 5(2) of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).
                                              • Section 12(2)(c): amended, on , by section 4 of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).
                                              • Section 12(2)(j): replaced, on , by section 7 of the Building Amendment Act 2019 (2019 No 27).
                                              • Section 12(2)(ja): inserted, on , by section 8 of the Building (Pools) Amendment Act 2016 (2016 No 71).