Building Act 2004

A building approval is necessary because—

section 42 (1) (d) requires building work to be carried out in accordance with approved plans (which may have to comply with this Act in relation to asbestos); and

approved plans are plans that relate to building work for which a building approval is in effect.

Section 42 provides that building work must not be carried out except in accordance with the requirements set out in the section.

Not complying with section 42, for example—

is an element of offences against section 42A (Contravention of requirements for building work involving asbestos) and section 51 (Carrying out building work in contravention of s 42); and

is a ground for giving a notice to a building licensee under section 44 (2) (a) (Stage inspections); and

is a ground for giving a notice to carry out building work under section 62 (see s 61 (b)).

Not complying with s 42 may also be grounds for occupational discipline under the Construction Occupations (Licensing) Act 2004.