Bending the Rules

As I look back over 17 years of teaching building law (in one form or another) I notice how often we are asked to “bend the rules”.

For example:

• Someone is selling a house and did not realise (all the years they have lived in it) that it did not have a Code Compliance Certificate. The vendor now wants the Council to issue one by 4pm Friday (settlement day)!
• Owners checks have not been done for one of the specified systems. The IQP issues a “letter in lieu” instead of a 12A. The owner issues the BWOF anyway and hopes the Council will accept this.

Neither of these scenarios comply with the Building Act. There are processes to go through, fees to be paid and risks to be assessed. Sometimes I think we forget that the key question is “is the building work / building safe”. That’s what the Act was set up to do – to keep us safe.

Although these items have become custom and practice over the years it is not right. It all depends on the Council’s interpretation of their risks and responsibilities here. However there are risks and responsibilities on both sides. The liabilities involved with this are serious.

Come to our Building Compliance Conference and hear first hand what the Royal Commission report may mean for you, what your are liable for and how to protect yourself. If you want to get a head start download the summary and findings so far HERE.

Heather Ash, Partner, and Ann Maddox, Senior Associate, Simpson Grierson will present a session on the Royal Commission’s Report.

Liam Pomfret, Account Manager Liability Specialist Risks, Aon New Zealand with present a session on  Liabilities, Protection of Self, Staff and Agents

For more info click HERE

By the way have you got a copy of the Building Law Handbook as it was amended this year? Buy one HERE