Building Act 2004

A regulation may prescribe—

stages of building work; and

exceptions to allow building work to proceed beyond a stage without a stage inspection; and

conditions for building work to proceed beyond a stage without a stage inspection.

Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

A building licensee in charge of building work must give the certifier a required written notice when building work reaches a stage of building work.

A building licensee commits an offence if—

building work has reached a stage; and

the building work is not within a prescribed exception; and

the licensee—

does building work beyond the stage; and

fails to give the certifier the required written notice before the building work beyond the stage was started.

An offence against this section is a strict liability offence.

In this section:

is dated on the day it is given; and

states the stage of building work that has been reached; and

includes a statement that—

the building work done for the stage was carried out in accordance with approved plans; and

if the building work involved handling asbestos or disturbing friable asbestos—the approved plans comply with this Act in relation to the asbestos.

The licensee may give the notice electronically (see Electronic Transactions Act 2001, s 8).