A CPU cannot be issued if:
- building work was completed before 1 July 1992
- building work is complete and no CCC has been issued
- part or all of the building required to be occupied is deemed unsafe to use, for example:-
- if the specified systems affected by the building work are not compliant
- if the provision for means of escape is unsatisfactory
- if the emergency warning systems are not adequate
- building work was carried out without first obtaining a building consent (that is, unauthorised work)
It is an offence to allow members of the public to use a building, or any parts thereof, if:-
- the building that has not been certified as safe, or where a certificate for public use has not been issued, andwhere a certificate for public use has been issued, but the conditions of its issue have not been complied with
Under s.363 a person who commits an offence under this section of the Building Act is liable to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part day during, which the offence has continued.