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Building Act 1993
16Offences relating to carrying out building work
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16 Offences relating to carrying out building work
(1) A person must not carry out building work unless a building permit in relation to the work has been issued and is in force under this Act.
S. 16(2) amended by No. 11/2023 s. 5(1).
(2) A person must not carry out building work unless the work is carried out in accordance with this Act, the building regulations and the building permit issued in relation to that work and any binding determination that applies to the carrying out of that work.
S. 16(3) substituted by No. 21/2017 s. 20(1).
(3) An owner of land must ensure in relation to building work carried out on that land that a building permit in relation to the work has been issued and is in force under this Act.
S. 16(4) substituted by No. 21/2017 s. 20(2), amended by No. 26/2019 s. 113(1).
(4) A building practitioner, an endorsed building engineer or an architect who is engaged to carry out building work must ensure that a building permit in relation to the work has been issued and is in force under this Act.
S. 16(4A) inserted by No. 21/2017 s. 20(2), amended by No. 11/2023 s. 5(2).
(4A) A builder named in a building permit must ensure that the building work to which the building permit applies is carried out in accordance with this Act, the building regulations, the building permit and any binding determination that applies to the carrying out of that work.
S. 16(5) amended by No. 26/2019 s. 113(2).
(5) Subsection (3) does not apply to an owner if the owner has engaged a building practitioner, endorsed building engineer or architect to carry out the building work on that land.
S. 16(6) amended by No. 21/2017 s. 20(3).
(6) Subsections (1), (2), (3), (4) and (4A) do not apply if the building work is exempted by or under this Act or the regulations.
S. 16A inserted by No. 21/2017 s. 21(1).