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November 2004

Building Act 2004

- the first stage of implementation

On 30 November 2004 the first stage of implementation of the Building Act 2004 began. Amongst the changes for that date are:

  • It is now an offence to permit public use of a building for which no building consent or code compliance certificate has been granted;
  • It is now an offence for a residential property developer to transfer a household unit without a code compliance certificate (there is only limited provision for the parties to contract out);
  • Inclusion of implied warranties into building contracts and into contracts for sale of one or more household units by, or on behalf of, residential property developers relating to the nature of the work, the materials to be used, compliance with all laws and legal requirements, the skill to be applied to the work and (if a household unit) the suitability for occupation.

Further provisions of the Act come into force on the 31st March 2005.