Section 106 — Building Act 2004: Application by owner for amendment to compliance schedule

106 Application by owner for amendment to compliance schedule (1) An owner of a building that has 1 or more specified systems may, at any time and entirely at the owner's discretion, apply to the territorial authority of the district in which the building is situated for an amendment to a compliance schedule for the building. (2) However, the owner must apply to the territorial authority for an amendment to a compliance schedule for the building if the owner considers that the amendment is required to ensure that the specified systems are performing, and will continue to perform, to the performance standards for those systems. (3) The owner must— (a) apply for the amendment in the prescribed form; and (b) provide any information that the territorial authority reasonably requires in relation to the application; and (c) pay any charge fixed by the territorial authority in relation to the application. (4) The territorial authority must, as soon as practicable after receiving the application, decide whether to amend the compliance schedule. (5) If the territorial authority decides to amend the compliance schedule, the territorial authority must— (a) give written notice of the amendment to the owner; and (b) attach a copy of the amended compliance schedule to the notice. (6) If the territorial authority refuses to amend the compliance schedule, the territorial authority must give written notice of, and the reasons for, the refusal to the owner.