Drafting enforcement tools

Take care when drafting directions, notices and orders, by:

• Using the correct approved or prescribed form
• Writing clear grounds and requirements, linked to specific standards
• Ensuring all legal details, including people and dates, are included
• Properly serving the documents
• Address life safety risks by:
  • Acting on matters that are suitable to address through a Direction to Fix, Building Notice or Building Order
  • Referring relevant matters to the Municipal Building Surveyor (MBS) to consider an emergency order
    

Legal fundamentals

It is essential for your enforcement tools to be legally correct and enforceable.

Legal shortcomings can lead to:

• Requirements being overturned on appeal
• Additional cost and complications for you
• Challenges for the BPC – where tools are unenforceable, the BPC cannot readily support you.

To prepare enforceable instruments and safeguard future compliance, you should follow the Building Act requirements, practice notes and the following advice.

Whatever the instrument, some legal essentials apply. They must:

• Set the date for compliance or response
• Be validly served, in line with section 236 of the Building Act 1993
• Use the required forms

Directions to Fix

Building surveyors must use the BPC-approved Direction to Fix form and may apply their own branding.

A revised form was released 10 October 2025.  It includes a built-in cover page, making it easier to communicate compliance obligations to builders and owners who receive a copy of the direction.

Building surveyors can start using the new form immediately.  To allow time for IT system updates, the new form must be adopted by 30 November 2025

Your written DTF should:

• Clearly describe the reason why building work requires rectification (grounds for issuing). This includes referring to the standard or requirement in breach.
• Clearly describe what building work the builder is required to do to fix the non-compliant building work.
  • Only contain requirements to do work or associated actions (including stopping work). This generally means building work, and can include related assessments and reporting.
  • Not be used to seek changes to the permit, standalone assessments or reports not related to work, or other matters beyond s37E of the Building Act 1993

Building notices and orders

For building notices and orders, the relevant prescribed form under the Building Regulations 2018

Make sure your building notices or orders:

• Are issued to the correct person – the owner of the building/land/place
• Clearly establish the reason why the notice/order was made
• Clearly describe the expected actions to bring about compliance, including clear referral to the relevant standards and their year or publication

The building notice and order connect. In most cases, the building order follows the show cause process under the building notice. The building order therefore, must:

• contain key dates from the notice and inspections
• not be issued before the owner representations period finishes
• not go beyond the scope of the notice (accounting for owner representations).