Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Notices to fix

164: Issue of notice to fix

You could also call this:

“When someone breaks building rules, they get a special note telling them to fix the problem”

If someone in charge of buildings thinks you’re not following the rules about building, they can give you a special notice. This notice is called a ‘notice to fix’.

You might get this notice if you’re not following the Building Act or its rules. For example, if you’re building something without getting permission first.

You could also get a notice if your building warrant of fitness or dam warrant of fitness isn’t right. A warrant of fitness is like a health check for buildings or dams.

Another reason you might get a notice is if you’re not doing the right checks, maintenance, or reports that you’re supposed to do for your building.

When you get a notice to fix, it will tell you what you need to do. You might need to start following the rules, fix your warrant of fitness, or do the right checks and reports for your building.

Sometimes, the person who notices the problem might think someone else should give you the notice. If this happens, they’ll tell the other person about the problem and why they think the other person should handle it. Then, if the other person agrees there’s a problem, they’ll give you the notice to fix.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307354.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
Previous

163: Definitions for this subpart, or

“This section explains important words used in the rules about buildings, like who's in charge and who needs to follow the rules.”

Next

165: Form and content of notice to fix, or

“This explains what must be included in a special notice about fixing building problems.”

Part 2 Building
Notices to fix

164Issue of notice to fix

  1. This section applies if a responsible authority considers on reasonable grounds that—

  2. a specified person is contravening or failing to comply with this Act or the regulations (for example, the requirement to obtain a building consent); or
    1. a building warrant of fitness or dam warrant of fitness is not correct; or
      1. the inspection, maintenance, or reporting procedures stated in a compliance schedule are not being, or have not been, properly complied with.

        1. A responsible authority must issue to the specified person concerned a notice (a notice to fix) requiring the person—

        2. to remedy the contravention of, or to comply with, this Act or the regulations; or
          1. to correct the warrant of fitness; or
            1. to properly comply with the inspection, maintenance, or reporting procedures stated in the compliance schedule.

              1. However, if a responsible authority considers that it is more appropriate for another responsible authority to issue the notice to fix, it must—

              2. notify the other authority that it holds that view; and
                1. give the other authority the reasons for that view.

                  1. The other responsible authority referred to in subsection (3) must issue the notice to fix if it considers that this section applies.

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