Non-Compliance Building Warrant of fitness, Penalties & Fines for offences relating to compliance schedules:
A Building Warrant of Fitness (BWoF) is a certificate issued by an appointed BWoF inspector that verifies that a building’s safety systems meet the requirements of the Building Act and Building Code. In New Zealand, building owners are responsible for ensuring their buildings comply with these regulations and for appointing a WoF inspector to carry out regular inspections and provide a WoF certificate.
However, if a building owner fails to comply with the requirements of the Building Act and Building Code, they may be subject to penalties and fines. In this article, we will discuss the penalties and fines for offences related to compliance schedules and the importance of maintaining compliance with the Building Act and Building Code.
Causes of offence and penalties:
By not adhering to the regulations given in the Building Act and Building Code, building owners put the health and safety of those residing in the building at risk. The Building Act acknowledges these hazards and the potential severe consequences for noncompliance. As a result, building owners can face legal action or penalties under the Act for infractions such as
- not obtaining a compliance schedule,
- not providing the council with a building warrant of fitness,
- not displaying a required building warrant of fitness,
- displaying a false or misleading building warrant of fitness,
- and displaying a building warrant of fitness in a way that does not comply with section 108 of the Building Act.
These are serious offences which are liable for fines up to $20,000 and additional $2,000 for every day without a compliance schedule. Furthermore the councils also have the authority to impose immediate fines ranging from $250 to $1,000.
Also one of the most significant penalties for non-compliance is the failure to appoint a WoF inspector or to provide a WoF certificate. Building owners are required to appoint a WoF inspector and provide a WoF certificate on an annual basis. If a building owner fails to do so, they may be subject to fines of up to $50,000. Additionally, if a building is found to be unsafe or non-compliant, the building owner may be required to make repairs or upgrades to the building at their own expense.
Another common offence is failure to maintain or repair safety systems in a building. Building owners are responsible for ensuring that the safety systems in their building are in good working order and meet the requirements of the Building Act and Building Code. If a building owner fails to maintain or repair safety systems, they may be subject to fines or even prosecution.
In cases like these the Building Act grants councils the authority to issue a notice to fix for various violations, A notice to fix serves as a warning to correct a violation of the Building Code and/or Building Act. If the violation is not corrected, the building owner may be subject to a maximum fine of $200,000 and an additional $20,000 for each day the violation continues. An instant fine of $1,000 may also be issued if the notice to fix is not complied with.
Additionally, it is a violation to use or allow the use of a building that is dangerous, unsanitary, or lacks adequate means of escape in case of fire. This offence carries a fine of up to $100,000 and a further fine of $10,000 for each day the violation continues. Instant fines of $1,500 and $2,000 can be issued for these offences.
Failing to have a building warrant of fitness may also compromise any insurance coverage the building owner may have
In cases of severe non-compliance, building owners may be required to vacate the building until repairs are made. This can result in significant financial losses for the building owner, as well as inconvenience for the building’s tenants or occupants.
In addition to fines and penalties, building owners may also face legal liability for any injuries or damages that occur as a result of non-compliance. For example, if a fire occurs in a building with non-compliant fire safety systems, the building owner may be held liable for any injuries or damages that result from the fire.
What should you as a Building owner do?
In order to avoid penalties and fines for non-compliance, building owners must take a proactive approach to ensuring compliance with the Building Act and Building Code. This includes working closely with their WoF inspector to ensure that safety systems are in good working order and that the building meets all relevant regulations. Building owners should also keep detailed records of all inspections, repairs, and upgrades to the building’s safety systems.
It is also important for building owners to be aware of any changes to the Building Act and Building Code and to ensure that their building continues to meet the updated requirements. Building owners should also be prepared to make any necessary repairs or upgrades to the building in a timely manner, in order to avoid penalties and fines.
In conclusion, non-compliance with the Building Act and Building Code can result in significant penalties and fines for building owners. Building owners are responsible for ensuring that their buildings comply with these regulations, and for appointing a WoF inspector to carry out regular inspections and provide a WoF certificate. Building owners must take a proactive approach to ensuring compliance and be prepared to make any necessary repairs or upgrades in a timely manner. By doing so, building owners can avoid penalties and fines, and ensure the safety of their buildings and their occupants.
At BWoF Ltd, we strive to anticipate the requirements of upcoming compliance schedules to ensure your building’s success from the start. Allow us to handle the complexities of obtaining a Building Warrant of Fitness (BWoF); our experts will manage all BWoF-related matters with ease. You can trust that the BWoF process is being handled properly and expertly by our team as we guarantee your safety and security. If you have any questions
about the Building Warrant of Fitness (BWoF) or IQP Inspections in the Auckland area, please don’t hesitate to contact us at 0204 296 369 or info@bwof.nz
