Legal Implications of PS4 Producer Statements

This practice alert serves as a technical report detailing the recent Court of Appeal judgment regarding PS4 Producer Statements and their legal implications under the Building Act 2004. The alert outlines the significance of PS4s, which are documents issued by engineers during construction reviews, and the potential for criminal liability when they are inaccurately issued in relation to non-compliant building work. The Court confirmed that issuing a PS4 can constitute 'building work' under the Act, thereby expanding the liability of engineers beyond civil claims. The report emphasizes the importance of accuracy in PS4s and the need for engineers to maintain thorough records of their monitoring activities. It also discusses the background of the case, including the Solicitor-General's request for clarification and the implications of the Bella Vista development prosecution. The alert concludes with the Court's affirmation of the necessity for accountability in ensuring compliance with building regulations, thereby promoting public safety.