RBS enforcement tools

You are obliged to issue enforcement tools to builders or owners (as appropriate) to bring building work into compliance. These powers include:

• Directions To Fix (DTF), issued to the builder. These can only be issued before an Occupancy Permit/Certificate of Final Inspection (OP/ CFI) is issued.
• Building Notices (BN) and Building Orders (BO) issued to the owner, including:
  • General
  • Stop Building Work
  • Minor Work orders.

Directions to Fix

You must issue a Direction to Fix (DTF) if, after inspecting building work, you find that it does not comply with the Act, the Regulations, or the building permit. Note:

• This can either be an oral direction and/or a written direction.
• You must issue a written direction to fix if you have already issued an oral DTF and a subsequent inspection shows that the same work is still non-compliant.

Principle of DTF First

• The DTF applies to the builder, who cannot seek payment from the owner or their agent for making the work compliant. This protects consumers from unfair costs.
• When possible, you should issue a DTF in preference to a Building Notice or Order. This is required under s118A of the Building Act 1993.

In some circumstances, a building notice may be more appropriate to use than a DTF. For example, where it would not be possible to achieve compliance via a DTF.

You may:

• Grant an extension if the builder requests one.
• Stay or revoke a direction under certain circumstances.

Refer to the Practice Note NO-02 Direction to Fix Building Works for more information.

Building notices and orders

You must issue a building notice or building order (including General, Stop Building Work, and Minor Work orders) when necessary to bring work into compliance.

The building notice provides a ‘show cause’ process. Under this, the building owner can make ‘representations’ in response to proposed actions. The building order enforces the requirement to act.

The Building Act 1993 sets the parameters for building notices and orders:

• Notices can only be issued for the circumstances set out in section 106
• Orders can only require actions provided by sections 111–113.

The Building Act 1993 sets out how building notices and building orders relate. Appeal, stay, revocation and extension options are available.

Addressing danger to life or property

If you believe non-compliant building work may pose a danger to life or property, you must refer the matter to the municipal building surveyor (MBS) to consider if an emergency order is necessary.

This action is required under requirement 2.5.1 of the Building Surveyor Code of Conduct.

Examples can include

• swimming pools with inadequate pool barriers
• Inadequate or deficient balconies and balustrades
• fire safety issues, such as deficient egress provisions or missing smoke alarms
• inadequately secured building elements, e.g. unprotected site cuts, unpropped/braced walls exposed during construction.

What to do

1. Identify the risk – if the non-compliance could endanger life or property, do not delay.
2. Refer to the MBS – provide details of the issue so the MBS can decide if an emergency order is required.
3. Continue enforcement – you may need to take other actions alongside MBS responses – such as issuing a DTF for broader building work, or issuing a building notice to support the emergency order.