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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Power of territorial authority to carry out building work on default

221: Recovery of costs when territorial authority carries out work on default

You could also call this:

“The local council can make you pay for building work they do on your property if you don't do it yourself.”

If a territorial authority (like a city council) has to do building work that you were supposed to do, they can charge you for it. The money you owe becomes attached to your land, like a debt. The rules about this are in the Local Government (Rating) Act 2002 and the Local Government Act 2002.

The territorial authority can get rid of, sell, or do anything else with the building materials left over from the work they did. If they sell these materials, they’ll use the money to help pay for the work they did. If there’s any money left over after that, they’ll give it to you.

Even if the territorial authority does this work for you, you can still get in trouble for not doing it yourself when you were told to.

The building work that the territorial authority does (or plans to do) in this situation is considered a public work under the Public Works Act 1981.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307865.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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220: Territorial authority may carry out building work on default, or

“If you don't do the building work you're told to do, the local council can ask a judge for permission to do it themselves and make you pay for it.”

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222: Inspections by territorial authority, or

“Special officers can check buildings and land to make sure they are safe and follow the rules.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Power of territorial authority to carry out building work on default

221Recovery of costs when territorial authority carries out work on default

  1. If a territorial authority is entitled under this Act to recover the costs of carrying out any building work from the owner of any building or land,—

  2. the money payable becomes a charge on the land; and
    1. the provisions of the Local Government (Rating) Act 2002 and the Local Government Act 2002 apply accordingly.

      1. The territorial authority—

      2. may destroy, sell, or otherwise dispose of any building products or other materials that result from the carrying out of any work by the territorial authority; and
        1. in the case of the sale of any building products or other materials,—
          1. must apply the proceeds of the sale towards payment of the amount payable to the territorial authority under subsection (1); and
            1. must pay the surplus (if any) to the owner.

            2. If the territorial authority exercises the powers conferred by this section, the exercise of those powers does not relieve a person from any penalty for failure to comply with the requirements of a notice under this Act.

            3. Any building work that is carried out, or is to be carried out, by a territorial authority under this section is declared to be a public work for the purposes of the Public Works Act 1981.

            Compare
              Notes
              • Section 221(2)(a): amended, on , by section 59 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
              • Section 221(2)(b): amended, on , by section 59 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).