Ngā amuamu me ngā whakawhiunga hanganga Complaints and building fines

Building and consent compliance issues are not always our responsibility. They may be the responsibility of the police, another government agency or a civil matter, such as an issue between neighbours.

How we ensure compliance

We monitor building sites to make sure they comply with legislation, planning rules and consent conditions.

Depending on the level of non-compliance, there is a range of enforcement options we can take, from education (where there is non-compliance due to ignorance), to formal enforcement such as abatement notices and prosecution.

Formal enforcement is not taken lightly. It is based on thorough investigation and takes into account the impact and what the person responsible has done to fix the situation.

What to do if you are not satisfied with a consent decision

If you are unhappy with a decision on a consent or a problem has not been resolved, you can make a formal complaint.

You can also appeal a building consent decision or apply for a determination.

Reporting unconsented building work

If you suspect work is being carried out, or has been carried out, that you think needs a building consent, contact us on 09 301 0101.

AC1805 How unauthorised building work is assessed

PDF download 188 KB

How to complain about other matters

Boundary disputes

To determine your boundary, contact either:

Fences

Fencing is usually a civil matter. In the first instance, contact the Citizens Advice Bureau or your lawyer to discuss your issue. For fences over 2.5m in height, contact us and ask for the building helpdesk to discuss.

Site access

To report trespassing or an obstruction in a private accessway, contact the police. To report other obstructions:

footpath, berm, road or a public area: call us on 09 301 0101.
footpath damage: call Auckland Transport on 09 355 3553.

Damage

To report damage caused by a developer, contact the Citizens Advice Bureau or your lawyer.

Earthworks

To report earthworks causing instability on a neighbouring property, including cracking of the earth or a large unstable cut, call us on 09 301 0101. One of our inspectors will visit the site to make an assessment.

Vibration

Vibration due to construction or earthworks may cause vibration effects. While we may be able to help with the causes of vibration, we can not help with rectifying any damage.

Noise

See Construction and maintenance noise
Problems with other kinds of noise

Odour

Call the pollution hotline to discuss any issues on 09 377 3107.

Run-off

To check if your home is in an overland flow path, enter your address in our map viewer or call us on 09 301 0101.

Trees

Issues concerning trees along the boundary of neighbouring properties are a private matter, unless the tree is a protected tree. To make a complaint about a public tree in a park or road reserve, call us on 09 301 0101.

Health and safety

To report safety issues or lack of onsite facilities for neighbouring developments (for example, no portaloo) contact Worksafe New Zealand.

How to pay or dispute a building fine

We issue building fines for offences listed in Schedule 1 Infringement offences and fees.

You must pay the amount on the building infringement notice within 28 days of the notice date, unless you write to us to dispute the fine.

If you do not pay your fine on time, we will send you a reminder notice.

If you do not respond within another 28 days, we will lodge a copy of the infringement notice with the District Court. The District Court decides what action to take and will collect the filing fee from you.

How to pay your building fine

If you have received the fine within the last 72 hours, it may not be ready for online payment. If you experience any other problem, contact us with:

the infringement notice number
the payment amount
what stage of the payment process the problem occurred
the error message you received.

You will need your infringement notice number.

You can pay by Visa, MasterCard and Online EFTPOS. A card payment fee of 0.67 per cent applies for credit and debit card payments.

At the end of the process you will get a reference number which you should keep for future reference.

Pay online now

For more information about our online services, see Website privacy policy and Terms and conditions for online services.

Ways to pay in person.

How to dispute a building fine

To dispute a building fine you will need to write to us. In your letter you need to state:

the date of the offence
the infringement notice number
how you are dealing with each offence listed in the notice
your full postal address, so we can reply
why you want us to reconsider the offence.

Send your letter to:

Auckland Council
Building Control
Private Bag 92300
Auckland 1142

Challenge a building fine through the courts

You can challenge an infringement through the courts. This is called a defended hearing. You have the right to request a defended hearing within 56 days of receiving the notice.