What offences are covered by the Building Infringement Regulations?

 

Offences and fees – key points

The Building Infringement Regulations contain a clear and unambiguous list of infringement offences.

These infringement offences are based on specific existing building offences. There are no new building offences introduced by the system. The option of issuing an infringement notice is new.

Infringement fees are prescribed – that is, you must only charge the exact fee as set out in the Building Infringement Regulations.

The fees were set by the Government (following consultation with territorial and regional authorities and building sector representatives) with the following principles in mind.

  • Higher fees would reflect direct risks to health and safety.
  • There should be consistency between offences that are similar in nature.

Fees range from $250 (for procedural offences) to $2,000 (for more serious breaches), with the level of fee reflecting a smaller percentage of the maximum fine already specified in the building Act.

The offences cover ‘initial’ offences, for example:

  • not complying with a compliance schedule
  • building without a consent
  • failing to display a building warrant of fitness.

Subsequent offences are also included, for example, failing to comply with a notice to fix.

A list of infringement offences and fees is in the table below.

This list forms Schedule 1 of the Building (Infringement Offences, Fees and Forms) Regulations 2007 which is reproduced in Appendix 2.

Building Infringement Offences and Fees

Provision under Building Act (section, description)Infringement feeIssuing bodyFine if offence proceeds through the courts
General building offencess
s40 Failing to comply with the requirement that building work must be carried out in accordance with a building consent $750 Territorial or regional authority Maximum fine: $100,000 and $10,000 for every day offending continues
s42 Failing to apply for certificate of acceptance for urgent work as soon as reasonably practicable after completion of building work $500 Territorial or regional authority Maximum fine $5,000
s101 Failing to comply with requirement to obtain a compliance schedule $250 Territorial or regional authority Maximum fine: $20,000 and $2,000 for every day offending continues
s108(5)(a) Failing to display a building warrant of fitness required to be displayed $250 Territorial or regional authority Maximum fines for all offences: $20,000
s108(5)(b) Displaying a false or misleading building warrant of fitness $1,000 Territorial or regional authority Maximum fines for all offences: $20,000
s108(5)(c) Displaying a building warrant of fitness other than in accordance with section 108 $1,000 Territorial or regional authority Maximum fines for all offences: $20,000
s116B(1)(a) Using, or knowingly permitting the use of, a building for a use for which it is not safe or not sanitary $1,500 Territorial or regional authority Maximum fine: $100,000 and $10,000 for every day offending continues
s116B(1)(b) Using, or knowingly permitting the use of, a building that has inadequate means of escape from fire $2,000 Territorial or regional authority Maximum fine: $100,000 and $10,000 for every day offending continues
s124 Failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous, earthquake-prone, or insanitary building $1,000 Territorial or regional authority Maximum fine: $200,000
s128 Using or occupying a building, or permitting another person to do so, contrary to a territorial authority’s hoarding, fence, or notice $2,000 Territorial or regional authority Maximum fine: $200,000 and $20,000 for every day offending continues
s168 Failing to comply with a notice to fix $1,000 Territorial or regional authority Maximum fine: $200,000 and $20,000 for every day offending continues
s363 Using, or permitting use of building having no consent or code compliance certificate or certificate for public use for premises for public use $1,500 Territorial or regional authority Maximum fine: $200,000 and $20,000 for every day offending continues
s367 Wilfully obstructing, hindering, or resisting a person executing powers conferred under the Act or its regulations $500 Territorial or regional authority Maximum fine: $5,000
s368 Wilfully removing or defacing a notice published under the Act or inciting another person to do so $500 Territorial or regional authority Maximum fine: $5,000
Restricted building work
s85(1) Person who is not licensed building practitioner carrying out restricted building work without supervision of licensed building practitioner $750 Territorial or regional authority Maximum fine: $20,000
s85(2)(a) Licensed building practitioner carrying out restricted building work without appropriate licence $500 Territorial or regional authority Maximum fine: $20,000
s85(2)(b) Licensed building practitioner supervising restricted building work without appropriate licence $500 Territorial or regional authority Maximum fine: $20,000
s314(1) Person holding himself or herself out as being licensed to do or supervise building work or building inspection work while not being so licensed $500 Territorial or regional authority Maximum fine: $5,000
Dam safety offences4
s134 Dam owner failing to classify dam $500 Regional authority Maximum fine: $20,000
s138 Dam owner failing to comply with a direction from a regional authority to have a classification re-audited and submitted $250 Regional authority Maximum fine: $5,000
s140 Dam owner failing to prepare, or arrange the preparation of, a dam safety assurance programme and submit it for audit $500 Regional authority Maximum fine: $20,000
s145 Dam owner failing to comply with a direction from a regional authority to have a dam safety assurance programme re-audited and submitted $250 Regional authority Maximum fine $10,000
s150(4)(a) Dam owner knowingly failing to display a dam compliance certificate required to be displayed $250 Regional authority Maximum fine: $5,000
s150(4)(b) Dam owner displaying a false or misleading dam compliance certificate $1,000 Regional authority Maximum fine: $5,000
s150(4)(c) Dam owner displaying a dam compliance certificate other than in accordance with section 150 $1,000 Regional authority Maximum fine: $5,000
s154 Dam owner failing to comply with a notice, within the time stated in the notice, requiring work to be carried out on a dangerous dam5 $2,000 Regional authority Maximum fine: $200,000

Footnotes

4. Regulatory requirements relating to dam safety have yet to be made. These regulatory requirements will likely have a two-year lead-in period before they come into force. This means it is likely the relevant offences above will come into force in 2014.

5. Please note s154 of the Building Act 2004 is currently enforceable.

www.ford.niko.ua

詳細はこちら

合宿免許 最短

This information is published by the Your home’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: