In forceAmended2020 Revised Edition

Contents

Building Control Act 1989 · 2020 Revised Edition · Part 2 · Control of Building Works

7A. Tests of and in connection with building works

Amended

Last amended by an amending law of 2026. 3 amendments in all.

(1)

Subject to subsection (3), the qualified person appointed to supervise the carrying out of any building works must carry out or cause to be carried out any tests of or in connection with the building works that may be prescribed in the building regulations or required by the Commissioner of Building Control.

(2)

Any tests prescribed, or required to be carried out, under subsection (1) must be carried out in the manner and at the places and times that may be prescribed in the building regulations.

(3)

The Commissioner of Building Control may, on an application in relation to any particular building works, give a direction waiving the operation of subsection (1) in relation to those building works if the Commissioner of Building Control is satisfied that the operation of that subsection in relation to that particular case would be unreasonable.

(4)

An application under subsection (3) must be accompanied by any particulars that may be prescribed in the building regulations.

(5)

If a qualified person fails to comply with subsection (1), the Commissioner of Building Control may, by written order served on the qualified person, every site supervisor, and the builder and specialist builder (if any) of the building works (being licensed under Part 5A) and the developer, require the building works to cease until the order is withdrawn.

(6)

Without affecting the right of the Commissioner of Building Control to exercise his or her power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement,and if the failure to comply continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction.

(7)

If any person on whom an order made under subsection (5) is served fails to comply with the order, the person shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day the person fails to comply with the requirement,and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the failure to comply continues after conviction.

Terms defined in this Act

builder
Defined · s 2
“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for the person’s own account or for or on behalf of another person but does not include a sub-contractor in relation to those building works;
Open s 2
building regulations
Defined · s 2
“building regulations” means any regulations made under section 49;
Open s 2
building works
Defined · s 2
“building works” means —(a)the erection, extension or demolition of a building;(b)the alteration, addition or repair of a building;(c)the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building,and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);
Open s 2
Commissioner of Building Control
Defined · s 2
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
Open s 2
developer
Defined · s 2
“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
Open s 2
prescribed
Defined · s 29A
“prescribed” means prescribed in the regulations made under section 29L.
Open s 29A
qualified person
Defined · s 2
“qualified person” means a person who is registered as —(a)an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or(b)a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;
Open s 2
site supervisor
Defined · s 2
“site supervisor” means a person appointed (whether alone or as a member of a team of site supervisors) under section 10 to be a site supervisor in respect of any small‑scale or large building works;
Open s 2

Report

Read on from s 8

Part 3

Retrofitting of Exterior Features and Fixed Installations

Read on from Part 3

Part 3A

Disability and Other Performance Requirements for Buildings

Read on from Part 3A

Part 3B

Environmental Sustainability Measures for Existing Buildings

Read on from Part 3B

Part 4

Dangerous Buildings and Occurrences

Read on from Part 4

Part 4A

Maintenance of Buildings

Read on from Part 4A

Part 5

Inspection of Buildings and Building Façades

Read on from Part 5

Part 5A

Licensing of Builders

Read on from Part 5A

Part 5B

Regulating Fixed Installation Contractors

Read on from Part 5B

Part 6

Miscellaneous

Read on from Part 6