Public buildings must have consents and CCCs

Another important public safety measure that takes effect from 31 March 2005 is section 363 of the Building Act. This section is about ensuring public safety in buildings intended for public use. It makes it an offence to use or permit people to use a public building for which no building consent has been granted, or for which a building consent has been granted but no code compliance certificate has been granted.

It states that: 'A building is intended for public use if the building is intended to be open to the public, or is being used by the public, whether for free or on payment of a charge.'

A person committing an offence under this provision is liable for a fine of up to $200,000.

Advice to territorial authorities on implementation

Territorial authorities are responsible for enforcing section 363. The Department is developing guidance material for territorial authorities to support the implementation of this section. This will shortly be available on our Building Act 2004 website www.building.govt.nz.