Managing your BWoF (for buildings with specified systems)
Owners of buildings with specified systems need to supply council with a BWoF annually (including IQP certification).
Fines and penalties for offences relating to compliance schedules
Last updated: 26 November 2024
As a building owner or independent qualified person (IQP), you need to be aware of fines and penalties for failing to comply with the Building Act requirements for specified systems, compliance schedules, and BWoFs.
The building warrant of fitness (BWoF) and compliance schedule requirements in the Building Act are in place to ensure specified systems perform correctly.
Building owners and IQPs who fail to meet the requirements risk the health and life safety of the building’s occupants. The Building Act recognises these risks and the serious consequences for not complying.
Building owners
Building owners can be prosecuted or fined under the Building Act for the following offences:
- failure to obtain a compliance schedule
- failure to supply the council with a building warrant of fitness
- failure to display a building warrant of fitness required to be displayed
- displaying a false or misleading building warrant of fitness
- displaying a building warrant of fitness other than in accordance with section 108 of the Building Act.
These offences carry a maximum fine of $20,000.
If building owners fail to obtain a compliance schedule, they may be fined a further $2,000 for every day they don’t have one.
Councils can also issue building owners instant fines ranging from $250 to $1,000 for any of the compliance schedule and building warrant of fitness breaches listed above.
Councils can issue a notice to fix where:
- a building warrant of fitness is not correct
- the inspection, maintenance or reporting procedures stated in the compliance schedule are not being, or have not been, properly complied with
- or any other breach of the Building Act or Regulations.
A notice to fix is a warning to correct an instance of non-compliance with the Building Code and/or Building Act. If owners fail to correct the non-compliance, they are liable of a maximum fine of $200,000 and a further $20,000 for each day the offence is continued.
An instant fine of $1,000 can also be issued if a notice to fix is not complied with.
It is also an offence to use or permit the use of a building which is dangerous or insanitary, or if it has inadequate means of escape from fire. This offence carries a fine of up to $100,000.
If owners continue this offence, there is a further fine not exceeding $10,000 for every day the offence is continued. Instant fines of $1,500 and $2,000 can be issued for these offences.
If owners fail to have a building warrant of fitness, any insurance cover they have may also be compromised.
Independent qualified persons
IQPs can be prosecuted or fined for stating that the inspection, maintenance, or reporting procedures in a compliance schedule relating to a specified system have been complied with in the previous 12 months if those procedures have not been fully complied with.
This offence carries fines:
- for individuals, not exceeding $50,000
- for a body corporate, not exceeding $150,000.