On behalf of MBIE

MBIE have issued new guidance about changes to the Building Act 2004 regarding ‘Duties of an independently qualified person’, under Section 108A.

This new section closes a regulatory gap by clarifying that independently qualified persons must only issue a certificate for a specified system if the inspection, maintenance, and reporting procedures stated in the compliance schedule have been fully complied with during the previous 12 months.

It also makes it an offence to issue a certificate when a specified system has not met these requirements. A person who acts in breach of this requirement commits an offence punishable on conviction, in the case of an individual, by a fine not exceeding $50,000, or, in the case of a body corporate, by a fine not exceeding $150,000.

This change accompanied recent earthquake-prone building legislation changes. For more information see: https://www.building.govt.nz/about-building-performance/all-news-and-updates/earthquake-prone-building-legislation-changes