Part 3Building Act 1984

Building control approvers and building inspectors

I2I3I1I444Functions exercisable only through, or with advice of, registered building inspectors

I61

The Building Act 1984 is amended as follows.

2

After section 46 insert—

Building control authorities: restricted activities and functions

46ABuilding control authorities: restricted activities and functions

1

A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description.

2

Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

3

The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority.

4

In this section—

  • “restricted activity” means an activity that is prescribed for the purposes of this section;

  • “restricted function” means a function of a building control authority under—

    1. a

      this Part,

    2. b

      Part 3, or

    3. c

      regulations made under this Part or Part 3,

    that is prescribed for the purposes of this section.

I53

After section 54A (inserted by section 47) insert—

Registered building control approvers: restricted activities and functions

54BRegistered building control approvers: restricted activities and functions

1

This section applies to a registered building control approver who is not a registered building inspector.

2

The approver may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the approver’s behalf, whose registration has effect in relation to work of that description.

3

Before each exercise of a restricted function in relation to any work, the approver must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

4

The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the approver.

5

In this section—

  • “restricted activity” means an activity that is prescribed for the purposes of this section;

  • “restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section.

6

A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence.

7

An offence under this section is punishable on summary conviction by a fine.