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Building Act 2004

Building - Notices to fix

165: Form and content of notice to fix

You could also call this:

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

When you receive a notice to fix, it must follow certain rules. The notice will be in a specific form that the law says it should use. It will give you a fair amount of time to do what it asks. If you’ve done building work without getting permission first, the notice might tell you to apply for a special certificate called a ‘certificate of acceptance’.

If the notice asks you to do some building work, it might tell you to apply for a building consent or change an existing one. The notice will also say that you need to tell the local council or regional council when you’ve finished the work.

For building work, the notice might tell you to make the site safe right away and stop all work except what’s needed to make it safe. This will last until the authority in charge is sure you can and will follow the rules.

If the notice is about a home swimming pool, it might tell you to empty the pool and keep it empty until you follow the rules in section 162C.

These rules don’t limit what can be included in a notice to fix as described in section 164.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307355.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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164: Issue of notice to fix, or

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

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166: Special provisions for notices to fix from building consent authority, or

“Rules for building authorities when they need to tell someone to fix building problems”

Part 2 Building
Notices to fix

165Form and content of notice to fix

  1. The following provisions apply to a notice to fix:

  2. it must be in the prescribed form:
    1. it must state a reasonable timeframe within which it must be complied with:
      1. if it relates to building work that is being or has been carried out without a building consent, it may require the making of an application for a certificate of acceptance for the work:
        1. if it requires building work to be carried out, it may require the making of an application for a building consent, or for an amendment to an existing building consent, for the work:
          1. if it requires building work to be carried out, it must require the territorial authority, the regional authority, or both to be contacted when the work is completed:
            1. if it relates to building work, it may direct that the site be made safe immediately and that all or any building work cease immediately (except any building work necessary to make the site safe) until the responsible authority is satisfied that the person carrying out the work is able and willing to resume operations in compliance with this Act and the regulations:
              1. if it relates to a residential pool, it may direct that the pool be drained of water and be kept empty (until the requirements of section 162C are complied with).

                1. Nothing in subsection (1) limits or affects the generality of section 164.

                Notes
                • Section 165: replaced, on , by section 15(1) of the Building Amendment Act 2005 (2005 No 31).
                • Section 165(1)(f): replaced, on , by section 34 of the Building Amendment Act 2008 (2008 No 4).
                • Section 165(1)(g): inserted, on , by section 12 of the Building (Pools) Amendment Act 2016 (2016 No 71).