Illegal buildings

All buildings must have a building consent prior to construction, unless exempt.

The definition of a building and building work is defined in Sections 7, 8 and 9 of the Building Act 2004.

Section 40 states that buildings are 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.

However, Section 41 states that any building work described in Schedule 1 does not require a building consent.

Should you suspect that a building is being constructed or that building work is being carried out without a building consent, please tell us using our online form.