Building Act 2004

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

107: Territorial authority may amend compliance schedule on own initiative

You could also call this:

“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.”

The local council (territorial authority) can change a building’s compliance schedule if they think it’s needed to make sure a system in the building is working properly. They can do this on their own, without anyone asking them to.

Before the council makes any changes, they need to tell you about it if you own the building. They must give you a chance to share your thoughts on the changes. The council has to think about what you say before they decide.

If the council does change the compliance schedule, they have to let you know in writing. They also need to give you a copy of the new, changed schedule.

The council can do all of this without you having to ask for changes using section 106 of the Building Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306868.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils

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106: Application by owner for amendment to compliance schedule, or

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


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108: Annual building warrant of fitness, or

“A yearly check-up report for buildings to make sure they are safe and working properly”

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

107Territorial authority may amend compliance schedule on own initiative

  1. This section applies if a territorial authority considers that an amendment to a compliance schedule is required to ensure that a specified system stated in the compliance schedule is performing, and will continue to perform, to the performance standards for that system.

  2. If this section applies, the territorial authority may amend the compliance schedule—

  3. on its own initiative; and
    1. without an application for an amendment to the compliance schedule being made under section 106.
      1. However, before making an amendment to a compliance schedule under this section, the territorial authority must—

      2. advise the owner of its intention to do so; and
        1. give the owner a reasonable opportunity to make submissions on the matter; and
          1. consider those submissions.
            1. If the territorial authority amends a compliance schedule under this section, the territorial authority must—

            2. give written notice of the amendment to the owner; and
              1. attach a copy of the amended compliance schedule to the notice.
                1. Repealed
                Notes
                • Section 107(5): repealed, on , by section 46 of the Building Amendment Act 2012 (2012 No 23).