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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:

“This explains what building officials and local councils do to make sure buildings are safe and follow the rules.”

Under this law, a building consent authority has several jobs. They give out building consents, but not if the building code needs to be changed. They check building work they’ve approved. They also issue notices to fix problems, code compliance certificates, and compliance schedules.

A territorial authority does many things too. If it’s also a building consent authority, it can give out building consents, even if the building code needs to be changed. It gives out project information memoranda and can let some buildings not follow the rules. It can change the building code for some buildings. It gives out certificates of acceptance and deals with compliance schedules.

The territorial authority also looks after yearly building warrants of fitness. It decides how much buildings need to follow the code when they’re changed or used differently. It deals with dangerous, unhealthy, or earthquake-prone buildings. It makes sure residential pools are safe. It does other jobs the law says it should do, including anything related to these main jobs.

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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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Part 1 Preliminary 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; 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)(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).