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Building Act 2004

Building - Code compliance certificates, certificates of acceptance, and compliance schedules - Compliance schedules

106: Application by owner for amendment to compliance schedule

You could also call this:

“Owners can ask to change their building's safety checklist if they think it needs updating.”

You can ask for changes to your building’s compliance schedule at any time if you own a building with specified systems. You must ask for changes if you think it’s needed to make sure the systems work properly, or if the law has changed and your schedule doesn’t follow the rules anymore.

If the law changes and your schedule needs updating, you have to ask for changes before the next anniversary of when your schedule was issued.

To ask for changes, you need to fill out a form, give any information the council asks for, and pay any fees they charge. The council will decide if they’ll change your schedule.

If the council agrees to change your schedule, they’ll tell you in writing and give you a copy of the new schedule. If they don’t agree to change it, they’ll tell you why in writing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306867.

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105: Obligations of owner if compliance schedule is issued, or

“Building owners must keep systems working, give yearly proof, and show important information to users.”

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107: Territorial authority may amend compliance schedule on own initiative, or

“The city council can change a building's safety check list by itself if it thinks it's needed to keep things working properly, but it must tell the owner first.”

Part 2 Building
Code compliance certificates, certificates of acceptance, and compliance schedules: Compliance schedules

106Application by owner for amendment to compliance schedule

  1. An owner of a building that has 1 or more specified systems may, at any time and entirely at the owner's discretion, apply to the territorial authority of the district in which the building is situated for an amendment to a compliance schedule for the building.

  2. However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if—

  3. the owner considers that the amendment is required to ensure that the specified systems are performing, and will continue to perform, to the performance standards for those systems; or
    1. as a result of an amendment to this Act or any regulation made under it, the compliance schedule—
      1. no longer complies with the requirements of this Act or any regulations made under it; or
        1. contains information that is no longer required under this Act or any regulations made under it.

        2. An application under subsection (2)(b) must be made before the next anniversary of the issue of the compliance schedule following the amendment of the Act or regulation that results in the compliance schedule becoming non-compliant or containing information that is no longer required.

        3. The owner must—

        4. apply for the amendment in the prescribed form; and
          1. provide any information that the territorial authority reasonably requires in relation to the application; and
            1. pay any fees and charges imposed by the territorial authority under section 219.

              1. The territorial authority must, as soon as practicable after receiving the application, decide whether to amend the compliance schedule.

              2. If the territorial authority decides to amend the compliance schedule, the territorial authority must—

              3. give written notice of the amendment to the owner; and
                1. attach a copy of the amended compliance schedule to the notice.

                  1. If the territorial authority refuses to amend the compliance schedule, the territorial authority must give written notice of, and the reasons for, the refusal to the owner.

                  Notes
                  • Section 106(2): replaced, on , by section 45(1) of the Building Amendment Act 2012 (2012 No 23).
                  • Section 106(2A): inserted, on , by section 45(1) of the Building Amendment Act 2012 (2012 No 23).
                  • Section 106(3)(c): replaced, on , by section 45(2) of the Building Amendment Act 2012 (2012 No 23).