Owners Responsibility
The building owner is legally obliged to ensure that
- all necessary inspections, maintenance and reporting are done
- the building is maintained in safe and sanitary condition at all times
- the compliance schedule is readily available for inspection by authorised persons
- a building warrant of fitness is signed and displayed.
Tenants and the Owner
The building owner's responsibilities are clear whether or not the building is tenanted by others. The owner, however, can delegate those responsibilities to an employee or to someone else under a contract or a lease. Tenants could be liable where they breach the Building Act 2004.
People Employed by the Owner
In most instances the owner will engage specialists such as architects, engineers, design draughting agencies, builders, plumbers and electricians for the design and construction of all or part of proposed building work. For compliance schedule procedures, typical specialists can be building maintenance companies, lift engineers and electricians who are approved by the council as independent qualified persons (IQPs).
The owner can choose who to employ to do the work or give advice. If the Act is breached, the owner is likely to be fully liable, but agents of the owner do not necessarily escape liability.