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:

"You pay a levy when your building consent is approved to help fund building sector work."

When you apply for a building consent, you have to pay a levy if the consent is granted. The chief executive can use this levy to do their job under the Building Act 2004 or other related acts. They can also use it to monitor and improve the building sector.

The levy is calculated based on the estimated value of the building work and a prescribed rate. You have to pay the levy to the building consent authority when your building consent is granted.

If your building consent lapses, the chief executive can refund all or part of the levy to you. The chief executive can decide to do this.

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This page was last updated on

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


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52: Lapse of building consent, or

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


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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 2Building
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).
                      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).