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 fee | Issuing body | Fine if offence proceeds through the courts |
| General building offences | |||
| 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: $200,000 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 of $5,000 for individuals, and $25,000 for organisations |
| 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 fine of $50,000 for individuals, and $150,000 for organisations. |
| s108(5)(b) Displaying a false or misleading building warrant of fitness | $1,000 | Territorial or regional authority | Maximum fine of $50,000 for individuals, and $150,000 for organisations. |
| s108(5)(c) Displaying a building warrant of fitness other than in accordance with section 108 | $1,000 | Territorial or regional authority | Maximum fine of $50,000 for individuals, and $150,000 for organisations. |
| 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 of $50,000 for individuals, and $150,000 for organisations. |
| 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 of $50,000 for individuals, and $150,000 for organisations. |
| 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: $50,000 |
| s85(2)(a) Licensed building practitioner carrying out restricted building work without appropriate licence | $500 | Territorial or regional authority | Maximum fine: $50,000 |
| s85(2)(b) Licensed building practitioner supervising restricted building work without appropriate licence | $500 | Territorial or regional authority | Maximum fine: $50,000 |
| 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: $50,000 |
| Dam safety offences4 | |||
| s134C Dam owner failing to classify dam | $500 | Regional authority | Maximum fine of $50,000 for individuals, and $150,000 for organisations. |
| 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 of $20,000 for individuals, and $60,000 for organisations. |
| 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 of 50,000 for individuals, and $150,000 for organisations. |
| s145 Dam owner failing to comply with a direction from a regional authority to have a dam safety assurance programme audited by a recognised engineer. | $250 | Regional authority | Maximum fine of $50,000 for individuals, and $150,000 for organisations. |
| s150(4)(a) Dam owner knowingly failing to display a dam compliance certificate required to be displayed | $250 | Regional authority | Maximum fine of $20,000 for individuals, and $60,000 for organisations. |
| s150(4)(b) Dam owner displaying a false or misleading dam compliance certificate | $1,000 | Regional authority | Maximum fine of $50,000 for individuals, and $150,000 for organisations. |
| s150(4)(c) Dam owner displaying a dam compliance certificate other than in accordance with section 150 | $1,000 | Regional authority | Maximum fine of $20,000 for individuals, and $60,000 for organisations. |
| 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 of $300,000 for individuals, and $1,500,000 for organisations. |
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.