Territory Authority Compliance

Issuing project information memoranda, building consents subject to waivers or modifications, certificates of acceptance, compliance schedules and amendments and certificates for public use;

Administering audits and enforcing building warrants of fitness;

 Undertaking functions in relation to dangerous, earthquake-prone and insanitary buildings

Determining exempt works under schedule 1 of the building ACT 2004

A territorial authority or building certifier presented with a proposal that does not comply with the Approved Documents, must decide whether the proposal complies with the building code.

 In doing so, they must have due regard to various matters listed in the Act.

 Reasonable grounds for such a decision might include:

• Comparison with the Approved Documents.

• Expert opinions, including peer reviews and appraisals

• A history of successful use.

• Compliance with overseas Standards or the like

• Tests.

 Any other grounds that are reasonable in the The building code was introduced as part of a new building control system established by an Act of code namely the Building Act 1991 (“the Act”). The Act requires all new building work to satisfy the performance criteria specified in the building code.

 The building code was made, and is amended from time to time, by Cabinet on the recommendation of the Building Industry Authority (“the Authority”).

 The Authority was established under the Act to provide the central focus for the building control system. 

The Act is enforced by local territorial authorities (city and district councils). 

Private sector building certifiers approved by the Authority compete with territorial authorities for the tasks of checking and inspection of building work. The territorial authority is the office of record, required to keep all relevant plans and specifications and other documents available for public inspection for the life of the
building. Doubts and disputes about whether particular building work complies with the building code (usually arising out of technical decisions by territorial authorities and building certifiers) may be submitted to the Authority for binding determinations. 

The Authority also issues accreditations of proprietary items.
The building code itself is part of mandatory regulations, namely the First Schedule to the Building Regulations.
The building code covers stability, durability, fire safety, access,
moisture, safety of users, services and facilities (including electricity, gas, plumbing, and
drainage), energy efficiency, and access and facilities for use by people with disabilities.

• . Act 2004.