ACTIn ForceAct
Building Act 2004
44Stage inspections
Start here
Get a plain-English read of 44
Turn the raw legal text into a practical explanation grounded in Building Act 2004.
44 Stage inspections
(1) If a certifier receives a notice under section 43 (2) for building work,
the certifier must inspect the building work as soon as practicable.
(1A) A regulation may make provision for the inspection of stages of
(2) On, or as soon as practicable (but in any case within 2 working days),
after inspection, the certifier must—
(a) if satisfied on reasonable grounds that the building work does
not comply with section 42 (Requirements for carrying out
building work), give the building licensee in charge of the
building work written notice that—
(i) the work does not comply with section 42; and
(ii) includes directions that are reasonable and appropriate for
achieving compliance; and
(iii) states the date that the noncompliance came to the
certifier’s attention; or
(b) if satisfied on reasonable grounds that building work complies
with section 42—certify that the work complies and give the
certificate to the building licensee in charge of the building
Note Section 42 includes the requirement that building work must be carried
out in accordance with approved plans.
(2A) A building licensee commits an offence if—
(c) the licensee does building work beyond the stage; and
(d) the licensee does not obtain—
(i) written notice under subsection (2) (a) stating that the work
may proceed beyond the stage subject to directions for
achieving compliance; or
(ii) a certificate under subsection (2) (b).
(2B) A building licensee commits an offence if—
(c) the licensee does building work beyond the stage; and
(d) the licensee obtains—
(i) written notice under subsection (2) (a) but does not comply
with a direction for achieving compliance; or
(ii) a certificate under subsection (2) (b) but does not comply
with a condition of the certificate.
(3) A certifier commits an offence if the certifier contravenes
subsection (1) or (2).
(5) A certifier must certify that building work complies with section 42
and give the certificate to the building licensee in charge of the
building work if the certifier—
(a) has given a notice mentioned in subsection (2) (a) to the
licensee; and
(b) is satisfied on reasonable grounds that—
(i) the building licensee in charge of the building work has
done what is reasonable and appropriate to achieve
compliance (even if what is done is not in accordance with
the directions in the notice); and
(ii) the building work otherwise complies with section 42; and
(c) if a regulation prescribes a procedure to be followed in relation
to the certification—follows the procedure.
(6) A certifier may, by written notice, require the building licensee in
charge of the building work to conduct, on the materials used or to be
used in the work, on the structure of the building, or in relation to
anything else connected with the work, the tests stated in the notice.
(6A) If a building licensee in charge of building work is required under
subsection (6) to conduct a test, the licensee must, as soon as
practicable after the test is completed, give the certifier the written
results of the test.
(7) A regulation may prescribe when a certifier must give the
construction occupations registrar the following for building work:
(a) a copy of each certificate for the building work issued under
subsection (2) (b) or (5) (a relevant certificate);
(b) a copy of the following documents relating to the building work:
(i) the notice given to the certifier by the building licensee
under section 43 (2);
(ii) any notice given to the licensee by the certifier under
subsection (2) (a) or (6);
(iii) a plan or drawing;
(iv) any certificate or other document given or prepared by
someone else that the certifier has relied on for the purpose
of giving a relevant certificate;
(v) the certifier’s working papers and calculations that are
relevant to the giving of a relevant certificate.
Note If no time is prescribed under this subsection, the certifier must give the
copies to the construction occupations registrar under s 48 (Completion
of building work).