Section 364 — Building Act 2004: Offence for residential property developer to transfer household unit without code compliance certificate

364 Offence for residential property developer to transfer household unit without code compliance certificate (1) A residential property developer commits an offence if the residential property developer does either or both of the following things before a code compliance certificate is issued in relation to a household unit: (a) completes a sale of the household unit: (b) allows a purchaser of the household unit to enter into possession of the household unit. (2) Subsection (1) does not apply if the residential property developer and the purchaser of the household unit enter into a written agreement, in the prescribed form, that the residential property developer may do either or both of the things referred to in that subsection before a code compliance certificate is issued in relation to the household unit concerned. (3) A person who commits an offence under this section is liable to a fine not exceeding $200,000. (4) Subsection (1) does not apply if the contract for the sale and purchase of the household unit was entered into before 30 November 2004. Subsection (4) was inserted, as from 14 April 2005, by section 23 Building Amendment Act 2005 (2005 No 31).