Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Code compliance certificates, certificates of acceptance, and compliance schedules - Change of use, extension of life, and subdivision of buildings

116B: Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire

You could also call this:

“You can get in big trouble if you use a building that isn't safe, clean, or easy to escape from if there's a fire.”

You are not allowed to use a building if it is unsafe or unsanitary. You also can’t use a building that doesn’t have good ways to escape if there’s a fire. It’s against the law to let someone else use a building like this too.

If you break this rule, you are committing a crime. If you are found guilty, you might have to pay a fine of up to $100,000. If you keep breaking the rule, you might have to pay up to $10,000 more for each day that you continue to break it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306886.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Criminal law
Previous

116A: Code compliance requirements: subdivision, or

“Rules for making sure buildings are safe and accessible when dividing up land”

Next

117: Definition for sections 118 to 120, or

“This part explains what a 'building' means when talking about making places easy for everyone to use.”

Part 2 Building
Code compliance certificates, certificates of acceptance, and compliance schedules: Change of use, extension of life, and subdivision of buildings

116BOffence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire

  1. No person may—

  2. use a building, or knowingly permit another person to use a building, for a use for which the building is not safe or not sanitary; or
    1. use a building, or knowingly permit another person to use a building, that has inadequate means of escape from fire.

      1. A person who fails to comply with subsection (1) commits an offence.

      2. A person who commits an offence under this section is liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.

      Notes
      • Section 116B: inserted, on , by section 14(1) of the Building Amendment Act 2005 (2005 No 31).
      • Section 116B(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).