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
Show the numbers as a table
| Offence | Maximum 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
- Building Act 2004 (ss 100, 101, 108, 108A, 168) — NZ Legislation, version as at 8 October 2026
- Fines and penalties — MBIE (building.govt.nz), 2024-11-26
- Owners' responsibilities to ensure their buildings are safe to use (BWOF and compliance schedule guidance) — Department of Building and Housing (now MBIE), November 2010
- Building warrants of fitness (BWoFs) — Wellington City Council, 2026-09-10
- Building Warrant of Fitness (BWOF) — Auckland Council
- 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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