325Immunity from liability

325 Immunity from liability

(1)  The Minister, the Director of Building Control, a councillor, a person acting under the direction of the Minister, the Director of Building Control or a member of a council is not personally liable for an act done, or omission made, in good faith when exercising or purportedly exercising a power or when performing or purportedly performing a function under this Act.

(2)  [Section 325 Subsection (2) amended by No. 9 of 2023, s. 33, Applied:01 Oct 2024] A permit authority, or a person acting on behalf of a permit authority, in relying on the action, advice, or certificate of another person exercising a power or performing a function, is not liable for an honest act done or omission made in exercising any power or performing any function under this Act.

(3)  A permit authority is not liable for an honest act done or omission made by a building surveyor under this Act.

(4)  The Director of Building Control, a permit authority or a building surveyor is not liable for an act done, or omission made, in good faith as a result of relying on –

(a) a certificate provided in accordance with this Act; or

(b) the valid performance of a function, or exercise of a power, by another person as required under this Act; or

(c) advice provided by a person qualified, or purportedly qualified, to provide the advice.