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Building Act 2004

Building - Notices to fix

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

You could also call this:

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

If you’re doing building work and the authority that gave you permission for it thinks you’re not following the rules or the permission they gave, they can give you a notice to fix. This notice only applies to work that should be done while the permission is still valid, work that should have had permission, or work that didn’t need permission but still had to follow the building code.

If the authority giving you the notice isn’t the local council or regional authority, they have to give a copy of the notice to the local council within 5 working days. If the local council has given its job to another council, then the notice goes to that other council instead.

When the rules talk about the local council, they call it the “territorial authority”. The building permission is called a “building consent”, and the authority that gives it is called a “building consent authority”.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307357.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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165: Form and content of notice to fix, or

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

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167: Inspection of building work under notice to fix, or

“Checking if someone fixed a building problem the authorities told them to fix”

Part 2 Building
Notices to fix

166Special provisions for notices to fix from building consent authority

  1. If section 164 applies because a building consent authority that granted a building consent for building work considers that the building work has not been, or is not being, carried out in accordance with this Act or the building consent, a notice to fix applies only—

  2. to building work required during the period in which a building consent is operative; or
    1. in respect of building work for which a building consent should have been obtained; or
      1. in respect of building work for which a building consent was not required but where there was a requirement that the work meet the building code.

        1. A building consent authority that is not a territorial authority or a regional authority that issues a notice to fix must, within 5 working days after issuing it, give a copy of it to—

        2. the territorial authority; or
          1. if the territorial authority has transferred, under section 233, any of its functions, duties, or powers under this Act to another territorial authority, the territorial authority to whom the functions, duties, or powers have been transferred.

            Compare
              Notes
              • Section 166(1): amended, on , by section 35(1) of the Building Amendment Act 2008 (2008 No 4).
              • Section 166(2): amended, on , by section 35(2) of the Building Amendment Act 2008 (2008 No 4).
              • Section 166(2): amended, on , by section 3(6)(b) of the Building Amendment Act 2005 (2005 No 31).
              • Section 166(2)(a): amended, on , by section 3(6)(c) of the Building Amendment Act 2005 (2005 No 31).