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.

For a list of infringement offences and fees:

Appendix 2: Building (infringement offences, fees, and forms) regulations 2007 - Schedule

For more detailed information on infringement offences and fees:

Building (Infringement Offences, Fees, and Forms) Regulations 2007 – legislation.govt.nz

This information is published by the Ministry of Business, Innovation and Employment’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: