Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Building work—Project information memoranda and building consents - Building consents

42: Owner must apply for certificate of acceptance if building work carried out urgently

You could also call this:

“ You need to ask for a special paper if you do building work in an emergency without getting permission first ”

If you carry out building work without getting a building consent first, as allowed by section 41(1)(c) or (cb), you must apply for a certificate of acceptance under section 96 as soon as you can after you finish the work.

If you don’t apply for a certificate of acceptance when you should, you are breaking the law. This is called committing an offence. If you are found guilty of this offence, you can be fined. If you are an individual person, you might have to pay up to $5,000. If you are a company or organisation, you might have to pay up to $25,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306378.

Topics:
Housing and property > Home safety and repairs
Government and voting > Emergency management
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41: Building consent not required in certain cases, or

“Sometimes you don't need permission to build or change things”

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42A: Building work for which building consent is not required under Schedule 1, or

“A list of construction jobs you can do without asking for special permission from the council”

Part 2 Building
Building work—Project information memoranda and building consents: Building consents

42Owner must apply for certificate of acceptance if building work carried out urgently

  1. If, in reliance on section 41(1)(c) or (cb), building work is carried out without a building consent having been obtained in respect of that work, the owner must, as soon as practicable after completion of the building work, apply for a certificate of acceptance under section 96.

  2. A person who fails to comply with subsection (1)—

  3. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $5,000:
        1. in the case of a body corporate, to a fine not exceeding $25,000.

        2. Repealed
        Notes
        • Section 42(1): amended, on , by section 10 of the Building Amendment Act 2019 (2019 No 27).
        • Section 42(2): replaced, on , by section 21 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
        • Section 42(3): repealed, on , by section 21 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).