Building Act 2004

Building - Notices to fix

167: Inspection of building work under notice to fix

You could also call this:

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

When you’re told to fix something in a building and you finish the work, you need to tell the local council or regional authority. They will then come to check if you’ve done what they asked.

After they inspect the building work, they will send you a letter. This letter will either say that you’ve done what they asked, or that you haven’t.

If the council or authority says you’ve fixed the problem, they will tell the group that first asked for the fix (if it wasn’t them).

If they say you haven’t fixed the problem, they will explain why in a letter. They will also give you another notice telling you what else you need to fix.

The rules for the new notice to fix are the same as for the first one. You can find these rules in Section 164 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307361.

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

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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”


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168: Offence not to comply with notice to fix, or

“You can get in trouble if you don't fix things when someone tells you to.”

Part 2 Building
Notices to fix

167Inspection of building work under notice to fix

  1. If a specified person to whom a notice to fix was issued is required to notify a territorial authority or, as the case may be, a regional authority that the relevant building work has been completed, the territorial authority or regional authority must, on receipt of the notice from the specified person concerned, inspect, or arrange for its authorised agent to inspect, the building work to which the notice to fix relates.

  2. After the building work has been inspected under subsection (1), the territorial authority or regional authority must, by written notice to the specified person concerned, either—

  3. confirm that the notice to fix has been complied with; or
    1. refuse to confirm that the notice to fix has been complied with.
      1. The territorial authority or regional authority must, on giving the confirmation under subsection (2)(a), forward a copy of the confirmation to the responsible authority that issued the notice to fix (if that responsible authority is different from the territorial authority or regional authority).

      2. If the territorial authority or regional authority refuses, under subsection (2)(b), to confirm that a notice to fix has been complied with, the territorial authority or regional authority must—

      3. give the specified person concerned written notice of—
        1. the refusal; and
          1. the reasons for the refusal; and
          2. issue a further notice to fix in respect of the building work.
            1. Section 164 applies to a notice to fix issued under subsection (4)(b).