Building Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
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Reprint as at 1 October 2008

Building Act 2004

Public Act2004 No 72
Date of assent24 August 2004


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Department of Building and Housing.



Purpose and principles


Application of Act to the Crown


Meaning of building

Meaning of allotment

Requirement to comply with building code

Establishing compliance with building code

Regulations may specify only 1 means of complying with building code

Compliance documents

Warnings and bans

Procedural requirements for compliance documents, warnings, and bans

Project information memoranda

Building consents

Building levy

Waivers and modifications

Limitations and restrictions on building consents: Construction of building on land subject to natural hazards

Limitations and restrictions on building consents: Construction of building on 2 or more allotments

Restricted building work must be carried out or supervised by licensed building practitioners

Other provisions relating to building work generally

Code compliance certificates

Certificates of acceptance

Compliance schedules

Annual building warrant of fitness

Alterations to existing buildings

Change of use, extension of life, and subdivision of buildings

Access to buildings by persons with disabilities

Definitions of dangerous, earthquake-prone, and insanitary buildings

Powers of territorial authorities in respect of dangerous, earthquake-prone, or insanitary buildings

Policy on dangerous, earthquake-prone, and insanitary buildings

Application of subpart to dams

Dams to which provisions of this subpart apply

Classification of dams

Dam safety assurance programmes

Who is recognised engineer

Dam compliance certificate

Dangerous dams

Policy on dangerous dams

Functions, duties, and powers of chief executive generally

Power of chief executive to register persons as building consent authorities for purposes of this Act

Further powers of chief executive

Appeal from chief executive's decisions

Functions, duties, and powers of territorial authorities generally

Power of territorial authority to carry out building work on default

Powers of territorial authority to carry out inspections and enter land

Enforcement powers of territorial authority

Delegation of power

Transfer of functions, duties, or powers of territorial authority

Functions, duties, and powers of regional authorities generally

Transfer of functions, duties, and powers of regional authority

Appointment of building consent accreditation body

Requirements for building consent accreditation body

Audit fees

Accreditation of building consent authorities or regional authorities

Appointment of dam owner accreditation body

Requirements for dam owner accreditation body

Audit fees

Accreditation of dam owners

Appointment of product certification accreditation body

Requirements for product certification accreditation body

Audit fees

Accreditation of product certification bodies

Certification of building methods or products

Chief executive must keep registers

Chief executive may review territorial authorities

Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority


Purposes of licensing

General procedure of Board and Registrar under this Part

Licensing classes

How to become licensed

Provisions relating to licences

Automatic licensing of certain professions

Continuation of licensing

Licensing cancellation and suspension

Register of licensed building practitioners

Updates of register

Searches of register

Registrar of Licensed Building Practitioners

Offences relating to licensing


Powers and procedure of Board on disciplinary matters

Appeal from decisions

Establishment of Board

Reporting by Board


Offence relating to building control

Offences relating to administration of Act

Miscellaneous offences

Proceedings for infringement offences

Proceedings for offences generally

Service of notices

Implied terms of contracts


Incorporation of material by reference

Amendments and repeal

Outline of transitional provisions

No compensation for loss of office

Dissolution of Authority


Other transitional provisions

Review of building code

Building Amendment Act 2008

Reprint notes

The Parliament of New Zealand enacts as follows: