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Building Act 2004

Building - Code compliance certificates, certificates of acceptance, and compliance schedules - Annual building warrant of fitness

109: Territorial authority must consider recommendation to amend compliance schedule

You could also call this:

“The local council must listen to and think about ideas to change the building safety checklist.”

When an independently qualified person suggests changes to a compliance schedule, you need to do a few things. First, you must give the building’s owner a fair chance to write down their thoughts about the suggestion. Then, you need to think about what the owner wrote, if they wrote anything. After that, you have to decide if you agree with the suggestion or not. If you decide to go along with the suggestion, you need to change the compliance schedule. You also need to tell the building’s owner in writing that you’ve made these changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306871.

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

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110: Owner must obtain reports on compliance schedule, or

“The building owner must get yearly reports about safety checks and keep them for two years”

Part 2 Building
Code compliance certificates, certificates of acceptance, and compliance schedules: Annual building warrant of fitness

109Territorial authority must consider recommendation to amend compliance schedule

  1. A territorial authority must, in relation to a recommendation made by an independently qualified person under section 108(3)(d) for a compliance schedule to be amended,—

  2. give the owner of the building concerned a reasonable opportunity to make written submissions on the recommendation; and
    1. consider those submissions (if any); and
      1. decide whether to—
        1. accept the recommendation; or
          1. refuse to accept the recommendation; and
          2. if it decides to accept the recommendation, amend the compliance schedule and give written notice to the owner accordingly.

            Notes
            • Section 109: amended, on , by section 48 of the Building Amendment Act 2012 (2012 No 23).