Plain language law

New Zealand law explained for everyone

Building Act 2004

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

53: Applicant for building consent liable to pay levy

You could also call this:

“When you get permission to build something, you have to pay some money to help make sure buildings are safe.”

If you apply for a building consent and it’s granted, you have to pay a levy to the chief executive. The chief executive can use this money for tasks related to their job under the Building Act and other laws about buildings. These tasks include keeping an eye on how well the building sector is doing and improving the rules.

The amount you pay is based on how much your building work is expected to cost. The exact rate is set by law. You pay this levy to the building consent authority when your consent is granted. They collect it for the chief executive.

If your building consent expires, the chief executive might give you back some or all of the levy you paid. They can choose to do this if they want to.

The chief executive can use the levy money for tasks related to overseeing the building sector, but they don’t have to. This rule doesn’t give them any new powers or duties they didn’t already have.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306390.

Topics:
Housing and property > Home safety and repairs
Government and voting > Government departments
Business > Industry rules
Previous

52: Lapse of building consent, or

“A building project must start within a year, or the permission becomes invalid”

Next

54: Building consent authority must advise applicant of amount of levy payable, or

“The building office must tell you how much money you need to pay before they say yes to your building plans.”

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

53Applicant for building consent liable to pay levy

  1. An applicant for a building consent is liable to pay to the chief executive a levy if the building consent is granted.

  2. The chief executive may use the levy for, or in connection with, the performance of—

  3. the chief executive’s functions under this Act:
    1. the chief executive’s functions—
      1. under any other Act that relates to the building sector or any part of the sector; and
        1. that relate to monitoring, overseeing, or improving—
          1. the performance of the building sector or any part of the sector; or
            1. regulatory systems under that other Act.

          2. The levy—

          3. must be calculated—
            1. in relation to the estimated value of the building work to which the building consent relates; and
              1. at the prescribed rate; and
              2. must be paid—
                1. to the building consent authority as the agent of the chief executive; and
                  1. at the time the building consent is granted.

                  2. Repealed

                  3. The chief executive may, in his or her discretion, refund all or part of the levy if the building consent lapses by paying the refund to the applicant or to the relevant building consent authority.

                  4. Subsection (1A)(b) does not confer on the chief executive—

                  5. any function that the chief executive does not already have; or
                    1. any obligation to use the levy for the purposes mentioned in subsection (1A)(b).

                      Compare
                        Notes
                        • Section 53(1): replaced, on , by section 7(1) Building Amendment Act 2005 (2005 No 31).
                        • Section 53(1): amended, on , by section 24(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                        • Section 53(1A): inserted, on , by section 24(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                        • Section 53(2)(b)(ii): amended, on , by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).
                        • Section 53(3): repealed, on , by section 24(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                        • Section 53(4): inserted, on , by section 20 of the Building Amendment Act 2012 (2012 No 23).
                        • Section 53(5): inserted, on , by section 24(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).