What happens if a BWOF is late or not supplied?

Last reviewed 30 October 2026 · Sources: MBIE, NZ legislation and council guidance

Failing to supply a building warrant of fitness to the council, failing to display it, or displaying a false one are offences under section 108 of the Building Act 2004, with maximum fines of $50,000 for an individual or $150,000 for a body corporate. Councils can also issue a notice to fix; ignoring one risks up to $200,000.

Maximum fines at a glance

Maximum fines for BWOF and compliance schedule offences under the Building Act 2004No compliance schedule (s 101)$20,000 + $2,000 a dayBWOF not supplied, not displayed or false (s 108): individual$50,000 BWOF offences (s 108): body corporate$150,000 IQP certifying work not done (s 108A): individual$50,000 IQP certifying work not done (s 108A): body corporate$150,000 Ignoring a notice to fix (s 168)$200,000 + $20,000 a day
Maximum fines on conviction under the Building Act 2004 (ss 101, 108, 108A and 168, version as at 8 October 2026). MBIE's fines page and some council pages still show $20,000 for BWOF offences; s 108(6) was increased to $50,000 / $150,000 from 8 June 2021, and these figures are from the current Act. MBIE says councils can also issue instant fines of $250 to $1,000.
Show the numbers as a table
OffenceMaximum fine
No compliance schedule (s 101)$20,000 + $2,000 a day
BWOF not supplied, not displayed or false (s 108): individual$50,000
BWOF offences (s 108): body corporate$150,000
IQP certifying work not done (s 108A): individual$50,000
IQP certifying work not done (s 108A): body corporate$150,000
Ignoring a notice to fix (s 168)$200,000 + $20,000 a day

BWOF offences

  • Under section 108 of the Building Act 2004, failing to supply the BWOF to the council is an offence. The maximum fine is $50,000 for an individual or $150,000 for a body corporate.[1]
  • The same maximum fines apply to failing to display a BWOF, displaying a false or misleading one, or displaying one other than as section 108 requires.[1]

Compliance schedule and notice to fix

  • Failing to obtain a required compliance schedule (section 101) carries a maximum fine of $20,000, plus up to $2,000 for each day the offence continues.[1]
  • MBIE says councils can also issue instant fines (infringement notices) of $250 to $1,000 for compliance schedule and BWOF breaches.[2]
  • A council may issue a notice to fix where a BWoF is incorrect or procedures were not properly followed.[3]
  • Failing to comply with a notice to fix (section 168) carries a maximum fine of $200,000, plus up to $20,000 for each day the offence continues.[1]

What councils do

  • Wellington City Council states not having a current BWoF is an offence under s 108(5); late or incomplete submissions may incur extra fees, infringement fines or legal proceedings.[4]
  • Auckland Council warns an expired BWoF may lead to prosecution.[5]
  • Overdue or late BWoFs are a trigger for a council on-site audit; councils should remind owners before a BWoF is due and follow up overdue ones.[6]
  • The BWoF is due each year on the anniversary of the compliance schedule's issue.[6]

If an inspection was missed

  • A valid BWoF cannot be supplied or displayed if inspection, maintenance and reporting procedures were missed; MBIE's report-and-declaration forms (an S-RaD per affected system and a B-RaD for the building) are used instead; councils such as Wellington then decide whether a B-RaD may be displayed.[4]

Questions

What is the fine for not supplying a BWOF?

Up to $50,000 for an individual or $150,000 for a body corporate on conviction (Building Act s 108). MBIE says councils can also issue instant fines of $250 to $1,000.

Is displaying an out-of-date or false BWOF an offence?

Yes. Displaying a false or misleading BWOF carries the same maximum fines: $50,000 for an individual or $150,000 for a body corporate.

What is a notice to fix?

A council notice requiring the owner to correct a non-compliance, such as an incorrect BWoF. Ignoring it risks up to $200,000 plus $20,000 a day.

What should I do if an inspection was missed and I can't get a Form 12A?

Tell the council. Wellington, for example, asks for an S-RaD report per affected system with a recovery timeframe.

Does a late BWOF trigger an audit?

It can. MBIE lists overdue or late BWoFs as a trigger for a council on-site audit.

Sources

  1. Building Act 2004 (ss 100, 101, 108, 108A, 168) — NZ Legislation, version as at 8 October 2026
  2. Fines and penalties — MBIE (building.govt.nz), 2024-11-26
  3. Owners' responsibilities to ensure their buildings are safe to use (BWOF and compliance schedule guidance) — Department of Building and Housing (now MBIE), November 2010
  4. Building warrants of fitness (BWoFs) — Wellington City Council, 2026-09-10
  5. Building Warrant of Fitness (BWOF) — Auckland Council
  6. Building warrants of fitness (guide for building officials) — MBIE (building.govt.nz), 2024-11-26

General information only, not legal or engineering advice. Last reviewed 30 October 2026. Spotted something out of date? Let us know.

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