Building Compliance Update - November 2023

There are some key changes taking place in the world of building compliance. We have summarised these changes to make it easy for you. If you have any questions about how this may affect your building, please get in touch with your local FSS branch.

Key building compliance changes:

Increased fines

The Government have significantly increased fines for failing to either 'supply' or 'display' a BWOF from $250+GST to $1,000+GST. Also, the penalties for noncompliance are going to be a fine not exceeding $50,000 for an individual and $150,000 for a Body Corporate.

Audits to come

The Ministry of Business Innovation and Employment (MBIE) have established a requirement for all Territorial Authorities (Councils) to audit 20% of all sites in their area (each year) to look for non-compliance. The audits have initially been focused on the accommodation sector and boarding houses. The audits will check that your log book is being completed and signed by all your contractors for each visit, and you have a valid BWOF on display in a public place.

Replacements

  • Building Report and Declarations (B-RaDs) have replaced BWOFs where any one inspection is missed for any system in your building during the year prior to your BWOF date.

  • Specified System Report and Declaration (S-RaD's) have replaced 'reports in lieu' (RIL).

Make sure you have got the following covered:

  • Ensure your log book is being completed and signed by all your contractors for each visit, and you have a valid BWOF on display in a public place. At FSS we assist with this for BWOF customers. We maintain the BWOF manual/log book and ensure it is kept up to date.

  • A copy of the Compliance Schedule should be onsite, in the BWOF manual.

  • Ensure that exit paths are clear. Check there are not key-lockable locks on the exit paths – ie in the direction you would leave the building. Here at FSS we check and report on this for our BWOF customers.

It’s critical these basic items are carried out to ensure Building Code compliance, failure to do so may have an impact on the issuance of building warrant of fitness and 12A's. Continued lack of compliance may result in fines, and impact the right to occupy the building, affect liquor licence and impact insurance cover.

Find out more in this news article, or you can read the MBIE minute of decision