Directions to Fix

A Direction to Fix (DTF) is formal direction (oral or written) issued to legally compel a building practitioner to rectify identified issues.

A DTF may require:

• building work to be carried out to ensure it is wholly or substantially compliant, or
• building work to be stopped to ensure that the work can be inspected.

A DTF can include a requirement to provide documents or reports to demonstrate that the building work complies.

The Building Act 1993 (the Act) allows us to issue oral DTFs and written DTFs. An oral DTF can be issued in the course of an inspection. For example, to bring building work back in line with approved permit and regulation requirements.

If an oral DTF is issued and compliance is not achieved, we will then issue a written DTF. We may also choose to issue a written DTF as a first step.

A written DTF sets out the non-compliance that was observed and the actions that must be taken. A practitioner has the right to seek an extension or review of a DTF. Penalties apply to building practitioners who do not comply with a written DTF.

The DTF is issued to the building practitioner and does not apply to the owner, unless the owner is also the owner-builder for the project. The owner (unless they are the owner-builder) is not required to meet the costs for any works undertaken in response to the DTF and the building practitioner is not allowed to ask for payment for those works.

A copy of the DTF is given to the owner and the RBS for the project so they are aware we are taking action, and the work is being done.

Examples of when we would issue a DTF:

• as a response to time critical situations (the officer considers the matter needs to be addressed quickly), such as work that is clearly not in line with the permit
• to address a clear non-compliance by a builder that is of a medium- to high-risk

We are more likely to issue a DTF where the practitioner is non-responsive or has history of similar non-compliances.

Examples of when the BPC would not issue a DTF:

• low-risk items, that only require noting on an inspection report
• when an issue is better managed by the relevant building surveyor
• immediate life-safety issues that may be best addressed by the municipal building surveyor through an emergency order.

The building practitioner will notify us that the work has been completed. Depending on the situation and the nature of the works, the DTF can be closed out through presenting the relevant documentation, providing an independent report, or through a follow up inspection by us.