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Independent Qualified Persons (IQPs)
An IQP is a person (or firm) approved by a Territorial Authority as qualified to inspect, maintain and report on certain specified systems. “Independent” means that the person has no financial interest in the building.
All Independent Qualified Persons are required to be registered with the Hamilton City Council on behalf of the Waikato Building Consent Group. The register is available either by service or by name online. Also, see Independent Qualified Persons. Also see Specified Systems, Compliance Schedules and BWOFs, IPQs and Commercial Buildings.
A territorial authority may authorise any of its officers to issue infringement notices under section 372 of the Building Act 2004. An infringement notice may be served on a person if an enforcement officer-
- observes the person committing an infringement offense, or
- has reasonable cause to believe that an infringement offense is being or has been committed by that person.
An infringement notice may be served –
- by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a copy of it) to the person alleged to have committed the infringement offense; or
- by post addressed to the person’s last known place of residence or business.
For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a person under Building Act 372 section (2)(b) must be treated as having been served on that person when it was posted.
Please refer to the Building Infringement Scheme Guidelines and MBIE page for more information and the description of offenses as defined in the Building (Infringement Offences, Fees, and Forms) Regulations 2007 and the fines attached to these offenses. Note some offenses have additional fines for every day that the offense continues.
What inspections do I need?
Refer to your approved Building Consent and it will have a list of all inspections that are needed.
I missed my inspection, what do I do?
Contact your local Council and book another appointment. You will have to pay extra for the additional appointment. Some Councils require 24 hours notice, so the earlier you book the more likely you are of getting your preferred appointment time.
Land Information Memorandum (LIM)
A Land Information Memorandum (LIM) is a report on a particular piece of land, prepared by the Council at your request. The information on a property is compiled from information and details held on file and database at your local Council. See Land Information Memorandum (LIM).
Lapsing of a Building Consent
If the building work does not start within 1 year of the Building consent being issued, the building consent lapses and becomes null and void. In other words, you would have to apply for a new building consent after this date if you wish to proceed with the project. If the 12-month deadline is approaching and it looks like you will not be able to start the project before then you can apply for an extension of time. The extension must be applied for BEFORE the building consent expires.
See Weathertightness definition and on the Weathertightness page.
LBP Notification Form
Use this form to notify Council of the Licensed Building Practitioners working on your restricted building work project (MBIE definition). See also Licensed Building Practitioner page and Registers of Designers & Tradespeople.
Licensed Building Practitioner (LBP) / LBP Scheme
From 1 March 2012, building practitioners must be licensed in order to carry out or supervise work on homes and small-medium sized apartment buildings that are critical to the integrity of the building. This ‘restricted building work’ applies to foundations, framing, roofing and cladding. It also applies to active fire safety systems in small-medium sized apartment buildings. An exemption will be available to owner-builders (do-it-yourself). See Owner-Builder Exemptions. For further information check out the Building System Performance (MBIE) website, and the RBW guidance documents provided by MBIE. See also Licensed Building Practitioners Scheme page.
Lodging a Building Consent Application
What fees will I have to pay?
Please check with your local Council or on their website.
Do I need to book in to see a Building Review Officer?
Some Councils will also require that prior to lodgement, you attend a Pre-application/Pre-lodgement meeting to check that your application is, in fact, ready for lodgement.
From 1 January 2015, any residential building project worth $30,000 or more will require the contractor to provide the client with a completed prescribed checklist and disclosure statement prior to entering into a contract with the client. For more information, check out the Building (Residential Consumer Rights and Remedies) Regulations 2014 on the legislation page of this website.
Major / Minor Amendments
See Plans and Amendments to an Approved Building Consent
Marquees and Tents
- Any tent or marquee up to 50 square meters (e.g. 7.1 x 7.1 meters, or 5 x 10 meters) in floor area, provided it does not remain in use for more than one month for public use, does not need a Building Consent.
- Any tent or marquee up to 100 square meters (10 x 10 meters) in floor area, provided it does not remain in use for more than one month, for private use, does not need a Building Consent.
- A Building Consent is required for a tent or marquee greater than 50 square meters if it is to remain up for longer than one month.
Volume builders can apply to obtain National Multiple Use Approvals (Multi-proof or NMUAs) for building designs that will be replicated several times in any district, regionally or nationally. The benefit of NMUAs is that the MBIE can ‘pre-approve’ these building designs for Building Code compliance. Such an approval is issued in the form of a Multi-proof. See also Multi-proof application form.
A Multi-proof is a statement issued by the National Multiple-Use Approval Service of MBIE that a specific set of building plans and specifications complies with the New Zealand Building Code. A Multi-proof is not and does not replace, a Building Consent. The holder of a Multi-proof must apply with the relevant Building Consent Authority (your local Council) for a Building Consent each time they wish to construct the design to which the Multi-proof relates. See also National Multiple-Use Approvals (NMUA) page, and check out the Building System Performance, MBIE website.
New Zealand Building Code
See Building Code.
Notice to Fix
The Council may issue a Notice to Fix under section 164 of the Building Act 2004 if it finds that building work does not comply with the Building Code or breaches building regulations. The Notice specifies exactly what is wrong, and the remedial work that needs to be done and by when. Failure to comply with a Notice to Fix can result in an Infringement Notice with potential fines of up to $200,000 with a further $20,000 a day until the work is completed. You have 28 days to fix the problem after which further legal action can be taken.
A Notice to Fix may require the Owner to:
- apply for an additional Building Consent to carry out the remedial work
- apply for an amendment to the existing Building Consent
- complete the work required
- remove the work not covered by the Building Consent
- apply for a Certificate of Acceptance, or
- remove any illegal building work.