Building Act 2004

Building - Requirements for building work - Other provisions relating to building work generally

89: Licensed building practitioner must notify building consent authority of breaches of building consent

You could also call this:

“If a builder sees that work isn't following the plan, they must tell the council and the owner right away.”

If you are a licensed building practitioner and you see that building work done under a building consent doesn’t follow that consent, you need to tell two people. You must tell the territorial authority (like your local council) where the building is located, and you must also tell the owner of the building.

When you tell them, you need to say three things. First, you need to say that you think the building work doesn’t match what the building consent says. Second, you need to explain how the work is different from what the consent allows. Third, you need to tell them as soon as you can after you notice the problem.

It’s important that you do this quickly and clearly so that everyone knows about the issue and can fix it if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306843.

Topics:
Housing and property > Home safety and repairs
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“A special builder must write down what they did and give it to the owner and the local council.”


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“The law says people from the building office can check on buildings and building work to make sure it's being done right.”

Part 2 Building
Requirements for building work: Other provisions relating to building work generally

89Licensed building practitioner must notify building consent authority of breaches of building consent

  1. A licensed building practitioner must, if he or she is of the view that any building work carried out under a building consent does not comply with that consent, notify—

  2. the territorial authority in whose district the building is situated; and
    1. the owner.
      1. The notification must—

      2. state that the licensed building practitioner is of the view that building work carried out under the building consent does not comply with that consent; and
        1. state how the building work does not so comply; and
          1. be given as soon as practicable after the licensed building practitioner forms that view.