Building Act 2004

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

58: Liability to pay levy: stand-alone building consent authority

You could also call this:

"Paying a levy when you approve a building consent as a stand-alone authority"

When you grant a building consent, you become liable to pay a levy to the chief executive as set out in section 53. You must pay this levy by the 20th day of the month after the month you granted the building consent. You will also need to provide a certificate with your payment to confirm it is correct.

If you do not pay the levy on time, you can commit an offence and be fined. As an individual, you could be fined up to $5,000, and as a body corporate, you could be fined up to $25,000.

You should check section 61 for information about what happens if someone does not pay a levy and it causes a shortfall.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306398.


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" When you build in steps, you need to count the cost of earlier work when figuring out how much to pay for the building fee. "


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59: Liability to pay levy: territorial authority, or

"Councils must pay a levy when they approve a building plan"

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

58Liability to pay levy: stand-alone building consent authority

  1. A stand-alone building consent authority, on the grant of a building consent, becomes liable to the chief executive for the levy payable under section 53 in relation to the building work to which the building consent relates. (However, see section 61, which provides for a transfer of liability in respect of shortfalls caused by the failure of an applicant to pay a levy.)

  2. A stand-alone building consent authority must pay the levy to the chief executive by the 20th day of the month following the month in which the relevant building consent was granted.

  3. Every payment of the levy must be accompanied by a certificate of the stand-alone building consent authority, or of an officer or agent of the authority, that states that the payment is correct—

  4. according to the financial records of the authority; and
    1. to the best of that person’s knowledge and belief.
      1. A person who fails to comply with subsection (2)—

      2. 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.
            Notes
            • Section 58: replaced, on , by section 5 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).