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Building Act 2004

Building - Building code - Warnings and bans

28: Limits on certain powers of building consent authority in cases involving bans under section 26

You could also call this:

“ Building officials can't approve certain building activities if it breaks rules about banned things ”

When there’s a ban in place under section 26, a building consent authority can’t do certain things. They can’t give you permission to do building work or issue a certificate saying your building work meets the rules if doing so would break the ban.

However, if you got permission to do the building work before the ban started, the building consent authority can still give you a certificate saying your work meets the rules. This is true even if there’s now a ban in place.

These rules are there to make sure that bans on building work are followed and that no one accidentally breaks them when they’re trying to get approval for their building projects.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306356.

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Housing and property > Home safety and repairs
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27: Offence to use building product or building method in breach of ban under section 26, or

“You can get in big trouble if you use banned building stuff.”

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29: Procedural requirements for acceptable solutions, verification methods, warnings, and bans, or

“Rules for making or changing building rules, warnings, and bans to keep people safe”

Part 2 Building
Building code: Warnings and bans

28Limits on certain powers of building consent authority in cases involving bans under section 26

  1. A building consent authority must not exercise any of the powers specified in subsection (2) if doing so results, or could result, in a person breaching a ban under section 26.

  2. The powers are—

  3. to grant a building consent for building work; or
    1. to issue a code compliance certificate for building work.

      1. However, subsection (2)(b) does not apply if the building consent to which the code compliance certificate relates was granted before the ban under section 26 came into force.