The Building Act 2004 contains a number of provisions to protect public health and safety that are important for building owners and managers. There is a range of penalties for failing to comply with these provisions.
- Any person who carries out building work without a building consent could be liable for a fine of up to $100,000 with a further fine not exceeding $10,000 for every day or part of a day during which the offence continues. Exempt work is listed in Schedule 1 of the Act.
- If a person is the owner of a building for which a compliance schedule is required but no compliance schedule has been obtained, they are liable for a fine of up to $20,000 with a further fine of $2,000 for each day the offence is continued.
- People can be fined up to $20,000 for engaging people who they know are not licensed building practitioners to do work that requires appropriately licensed people.
- Building owners can be fined up to $20,000 for failing to display a building warrant of fitness, or displaying a false or misleading building warrant of fitness.
- Building owners who fail to give written notice of a change of use commit an offence and are liable to a maximum fine of $5,000.
- The offence of allowing members of the public to use public premises affected by building work carries a fine of up to $200,000 with a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.
It is also an offence carrying a fine of up to $100,000 to use or permit the use of a building for a use for which it is not safe or sanitary, or if it has inadequate means of escape from fire.