Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Power of chief executive to register persons as building consent authorities for purposes of this Act

199: Offence to perform functions of building consent authority if not authorised

You could also call this:

"Only authorised people can do building consent jobs or they might get a big fine."

If you are not a building consent authority, you must not do the jobs that a building consent authority does under the Building Act 2004. You can only do these jobs if you are allowed to, and if you are a building consent authority, you must only do the jobs you are trained and accredited to do. If you do not follow these rules, you can get in trouble.

If you break these rules, you commit an offence and can get a big fine. As an individual, your fine can be up to $300,000. As a company, your fine can be up to $1,500,000.

You can find more information about the rules and changes to the law on the New Zealand legislation website, which has details about the Building Act 2004 and the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307817.

Topics:

Housing and property > Home safety and repairsWork and jobs > Job licenses

198: Effect of suspension, or

"When a building authority is suspended, they can't do their normal job, but might still be allowed to do some things if it's important for the public."

200: Interpretation, or

"This part explains what certain words mean when talking about complaints against building groups."

Part 3Regulatory responsibilities and accreditation
Responsibilities of chief executive: Power of chief executive to register persons as building consent authorities for purposes of this Act

199Offence to perform functions of building consent authority if not authorised

A person who is not a building consent authority must not perform any of the functions of a building consent authority under this Act.
A person who is a building consent authority but not a territorial authority or regional authority must not perform any of the functions of a building consent authority under this Act that are not within the person’s scope of accreditation.
A person who fails to comply with subsection (1) or (2)—
commits an offence; and
is liable on conviction,—
1. in the case of an individual, to a fine not exceeding $300,000:
2. in the case of a body corporate, to a fine not exceeding $1,500,000.

Notes

Section 199: replaced, on 8 June 2021, by section 50 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).