· Do you need a Compliance Report?
Has your Building Permit Expired?
· Have you built without a Building Permit?
· Have you received a Building Notice or Building Order?
Call now We are here to help
!! First A Few Things you should know !!
It is Illegal to Carry out Building works without a Valid and current Building Permit
Substantial fines can be imposed under section 16 Building Act 93
It is Illegal to Carry out Building works without a Valid and current Building Permit
Substantial fines can be imposed under section 16 Building Act 93
- Substantial fines can be imposed under section
16 Building Act 93
- Undertaking Building work without
a valid required Building Permit a Fine of 500 Penalty units (1penalty
unit = approx. $141= 500 x $141 (approx.)
=$70,500 can be imposed
- The Council can Order you to have Building works Demolished
- Building Works will not
be covered by Insurance
- Owner is fully Liable for injury or damage to
other people and property.
- Building Act s134 - Legal
action can be commenced against building works up to 10 years after
completion of building works
- Legal action can be initiated at any time, even after the ten years has passed for criminal neglect eg. injury, collapse etc of building.
- If there is no Final or Occupancy Permit the building works cannot legally be occupied
- Owner can be ordered to removed or demolish illegal building works at any time
- Building Notice
and/or Building Order will be
attached and remain with property Title, this will show in the section 32 provided at time of selling the
property and can severely affect the selling
Price you get for your property, the Council can still Order the Demolition and
removal of building works. This exposes you directly to legal action from Council and the new
owner for rectification, compensation
and substantial costs
“Now let’s us get things back on track”
give us a call so we can discuss your options
Read
on
1. My Building Permit has Expired
2. Building Works without a Building Permit
3. Building Notices and Building Orders
4. Builders Report- section 137B Report
My Building Permit has Expired
Why wasn't I told ?
well the harsh reality is that you where, on your original Building permit, there is no retirement other than as mentioned for the RBS (relevant Building Surveyor) to notify you that your Building Permit is lapsing
!! What do I do now !!
Below is a Brief Summary of the Process
(How it is handled will depend on how long our Permit has been Expired and other important factors)
1. My Building Permit has Expired
2. Building Works without a Building Permit
3. Building Notices and Building Orders
4. Builders Report- section 137B Report
My Building Permit has Expired
Why wasn't I told ?
well the harsh reality is that you where, on your original Building permit, there is no retirement other than as mentioned for the RBS (relevant Building Surveyor) to notify you that your Building Permit is lapsing
!! What do I do now !!
Below is a Brief Summary of the Process
(How it is handled will depend on how long our Permit has been Expired and other important factors)
1. There is a little bit of work
to this ;-) as noted this is a “brief
summery"
2. First thing to do is to call us to have a quick chat, we are in the best position to negotiate our way through the maze with the RBS be it Council or a Private Building Surveyor, we conduct the required Inspection, get the paperwork, reports and consents together and follow through the process needed.
3. An Inspection and a Building Report 137b is required as will potentially a “scope of works”
4. Rectification of non-compliant and /or incomplete Building works as far as practical
5. Update Building Report 137b to reflect competed works
6. If there are any building Notices/Orders its here that we can start to address and respond to clear any issues
7. We will then need to continue to work with our contacts and the RBS to either re-establish our Permit or one of the other solutions available to us
8. This may require additional information and Paperwork to be gathered together and depending on Building Works concerned an engineer, soil test etc. may be required.
a. Note “Town Planning” issues may need to be addressed
b. Siting “Part 4 building regs, schedule 5 or MCPs issues may need to be tackled
9. Once we have achieved a successful re-establishment or solution we may then continue to complete Building works
Notes
· Building Permit must be re-established before works can continue
· Permit will be at the discretion of the RBS they can decide that building works are to be removed
· Appeal against decision by RBS can be lodged with the Building Appeals Board
· Works may be in contravention with Town planning or other building controls and alterations or applications to Town Planning may still need to be made
· Siting or other issues may still require report and consent from council
· Councils “RBS” Time line can be encouraged” but not Controlled, that’s just the nature of the beast ;-)
· This process including the s137b report is in not a guarantee or warrantee from us for the building works
2. First thing to do is to call us to have a quick chat, we are in the best position to negotiate our way through the maze with the RBS be it Council or a Private Building Surveyor, we conduct the required Inspection, get the paperwork, reports and consents together and follow through the process needed.
3. An Inspection and a Building Report 137b is required as will potentially a “scope of works”
4. Rectification of non-compliant and /or incomplete Building works as far as practical
5. Update Building Report 137b to reflect competed works
6. If there are any building Notices/Orders its here that we can start to address and respond to clear any issues
7. We will then need to continue to work with our contacts and the RBS to either re-establish our Permit or one of the other solutions available to us
8. This may require additional information and Paperwork to be gathered together and depending on Building Works concerned an engineer, soil test etc. may be required.
a. Note “Town Planning” issues may need to be addressed
b. Siting “Part 4 building regs, schedule 5 or MCPs issues may need to be tackled
9. Once we have achieved a successful re-establishment or solution we may then continue to complete Building works
Notes
· Building Permit must be re-established before works can continue
· Permit will be at the discretion of the RBS they can decide that building works are to be removed
· Appeal against decision by RBS can be lodged with the Building Appeals Board
· Works may be in contravention with Town planning or other building controls and alterations or applications to Town Planning may still need to be made
· Siting or other issues may still require report and consent from council
· Councils “RBS” Time line can be encouraged” but not Controlled, that’s just the nature of the beast ;-)
· This process including the s137b report is in not a guarantee or warrantee from us for the building works
Building Works without a Building Permit
What do I Do ?
Process for “Legitimizing” Illegal building works
What do I Do ?
Process for “Legitimizing” Illegal building works
Below is a Brief Summary of the Process
1. There is a little bit of work to this ;-) as noted this is a “brief summery”
2. First thing to do is to call us to have a quick chat and assess, we are in the best position to negotiate our way through the maze with the RBS be it Council or a Private Building Surveyor, we conduct the required Inspection, get the paperwork, reports and consents together and follow through the process needed
3. A Building Report section 137b is required to be Completed by us
4. A Building Regs “Part 4” Siting Assessment will be required to be Completed by us
5. A “Building Notice/Order” will be required to be issued By the “Building Surveyor” for illegal Building Works if not already issued – (this is standard and normal) this starts the process rolling
6. Building Notice/Order will require us to ”Show Cause” why works should not be rectified or demolished
7. A formal response will be required by us to the “RBS” addressing the “Building Notice”
8. Negotiations with Council and “RBS” may be required.
9. Rectification of non-compliant and /or incomplete Building works as far as practical
10. Update Building Report 137b to reflect completed works Building works as allowed by the building Notice/Order will be required
11. Updating and amendments to the “Notice or Order may be required
12. We will then need to get the works “certified” by a PBS. This will require additional information and Paperwork to be gathered together and depending on Building Works concerned an engineer, soil test etc. may be required.
a. All Paperwork to be supplied as if a Building permit was being applied for eg.
i. See check lists attached at end of document
ii. “Property information”
iii. Reports and consents obtained
iv. Neighbours comments if required
b. All Certificates of compliance obtained as per check list Below
c. Note “Town Planning” and Part 4 building regulations issues may need to be addressed
13. Building Report and Certification presented to Council for review by MBS
14. The “MBS” (Council) will then make its decision.
15. Council issues “Notification” - “not to undertake any further action against Building Works”
16. Property Can then be Sold/You can sleep well without the threat and of having the Building works demolished
Notes
· Building Permit cannot be issued for building works already commenced or completed (permit may be extended)
· Outcome is at the Discretion of the Council MBS they can decide that building works are to be removed
· Appeal against decision by Council can be lodged with the Building Appeals Board
· Works may be in contravention with Town planning or other controls and alterations and applications to Town Planning may need to be made
· Siting or other issues may still require report and consent from council
· Councils “MBS” Time line can be encouraged” but not Controlled, that’s just the nature of the beast ;-)
· This process including the s137b report is in not a guarantee or warrantee for the building works
Aspect will need to Inspect and provide a Building Report
(137b Building Act)
Why do I need a Section 137b Report
Call, Aspect are here to help
(137b Building Act)
Why do I need a Section 137b Report
- · Its an Offence for Owner Builder to sell without a Building report or Insurance within 6.5 years of completion of building works
- · Fine 100 Penalty Units = 100*$141(approx.) = $ 14100 - Building Act 137b
- · Building Report must be obtained within the 6 months prior to sale - Building Act 137b
- · Report must be completed by a Qualified Registered Building Practitioner under Par II Building Act 93
- · Insurance cover is to be provided for works if cost of works is assessed at over $12000 for the balance of prescribed period being 6 years and 6 months from completion
- · Contract of Sale may be cancelled by purchaser if works are not declared and Section 137b Building Report is not obtained.
- · Additional to 137b report Vendor is warrantying that
- All work was carried out in a workman like manner
- All materials where suitable for the purpose for which they are used
- All works have been carried out Legally
- Future Owners may take action against the vendor whom was owner during the period of building works
- · Building Report must be included in your ‘Section 32” Sale documents given to the prospective purchaser
Call, Aspect are here to help