Duties of Persons

The Building Act 2000 defines the duties of persons, these are:

Duties of owners

1) The owner of a building who authorises building work in respect of the building, so far as is reasonably practicable, is to ensure that –

  • a) any person engaged to carry out the building work and associated building work is an accredited building practitioner if so required under this Act; and
  • b) correct information is provided to any person engaged to carry out the building work and associated building work; and
  • c) the building or land on which the building work is to be carried out is clearly identifiable; and
  • d) provisions for the protection of adjoining property are carried out in accordance with this Act; and
  • e) the building is not occupied until an occupancy permit has been issued; and
  • f) sufficient information is supplied to the next owner for that owner to maintain the building in accordance with this Act.

an accredited building practitioner; ora plumber.

2) An owner who engages a person to carry out any plumbing work is to ensure, so far as is reasonably practicable, that the person is a plumber if so required under the Occupational Licensing Act 2005.

3) An owner who engages a person to design plumbing work is to ensure, so far as is reasonably practicable, that the person is –

  • a) an accredited building practitioner; or,
  • b) a plumber.

The owner of a building, so far as is reasonably practicable, is to ensure that the building is used and maintained for the intended purpose in accordance with this Act.

Duties of designers

A designer is to ensure that –

1) he or she acts only within the area of his or her competence; and

2) so far as is reasonably practicable –

  • a) the design of the building or plumbing work is in accordance with the standards and requirements of this Act; and
  • b) the documentation relating to the design includes sufficient information for the assessment of the work in accordance with this Act; and
  • c) the documentation relating to the design is sufficiently detailed for a builder or a plumber to carry out the work in accordance with the documents and this Act.

Duties of builders and plumbers

1) A builder or plumber is to ensure that he or she acts only within the area of his or her competence.

2) A builder who carries out building work or a plumber who carries out plumbing work is to ensure that –

  • a) a relevant permit, authorisation or notification is issued for the work before it is commenced; and
  • b) any directions under this Act are complied with.

3. A builder who carries out building work or a plumber who carries out plumbing work, so far as is reasonably practicable, is to ensure that –

a) the work is carried out in accordance with the relevant permit or authorisation andb) this Act; and

b) the quality of the materials used in the work is in accordance with the relevant permit or authorisation and this Act; and

c) the building work is located on land owned by the owner; and

d) the work is carried out in a manner that does not cause –

  • a public health risk; or
  • a danger to the public; or
  • a nuisance to an adjoining owner; or
  • damage to infrastructure; and

4. Sufficient information is supplied to the owner for the owner to maintain the building in accordance with this.

Duties of building surveyors

1) A building surveyor is to ensure that he or she acts only within the area of his or her competence.

2) A building surveyor, as far as is reasonably practicable, is to ensure that building work is carried out in accordance with this Act.

Duties of permit authorities

A permit authority who issues a building permit or plumbing permit, so far as is reasonably practicable, is to ensure that –

  • a) the permit is in accordance with this Act; and
  • b) any required matters are taken into account in accordance with this Act; and
  • c) registers are kept in accordance with this Act; and
  • d) a certificate of completion (building work) or a certificate of completion (plumbing work) is issued in accordance with this Act.

Duties of reporting authorities

A reporting authority who reports on building work is to ensure that –

  • a) it acts only within the area of its competence; and
  • b) it reports to the building surveyor on any required matters in relation to permits in accordance with this Act; and
  • c) it reports to the building surveyor on any inspections of required matters in accordance with this Act.

Duties of councils

A council of a municipal area, as far as is reasonably practicable, is to –

1) ensure that the owners of property are informed of their duties under this Act –

  • a) in relation to any building work or plumbing work; and
  • b) in maintaining and using a building; and

2). make itself aware of –

a) building work and plumbing work; and

b) the use and occupation of buildings; and

c) ensure that proceedings are instituted against any person or body failing to comply with this Act.

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