AF 3P Page 5 of 5 Last Updated: 18/4/2019
AF 3P Application for 3
Evidence in Place of On-site Inspection(s)
Building Act 2004 (selected extracts)
S.17 All building work must comply with building code
All building work must comply with the building code to the extent required by this Act, whether or
not a building consent is required in respect of that building work.
S.40 Buildings not to be constructed, altered, demolished, or removed without consent
1) A person must not carry out any building work except in accordance with a building consent.
2) A person commits an offence if the person fails to comply with this section.
3) A person who commits an offence under this section is liable on conviction to a fine not exceeding
$200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every
day or part of a day during which the offence has continued.
S.51 Issue of building consent
2) The issue of a building consent does not, of itself,—
a) relieve the owner of the building or proposed building to which the building consent relates of
any duty or responsibility under any other Act relating to or affecting the building or proposed
b) permit the construction, alteration, demolition, or removal of the building or proposed building
if that construction, alteration, demolition, or removal would be in breach of any other Act.
S.90 Inspections by building consent authorities
1) Every building consent is subject to the condition that agents authorised by the building consent
authority for the purposes of this section are entitled, at all times during normal working hours or
while building work is being done, to inspect—
a) land on which building work is being or is proposed to be carried out; and
b) building work that has been or is being carried out on or off the building site; and
c) any building
2) The provisions (if any) that are endorsed on a building consent in relation to inspection during the
carrying out of building work must be taken to include the provisions of this section.
3) In this section, inspection means the taking of all reasonable steps to ensure that building work is
being carried out in accordance with a building consent.