Recent Changes to the Building Act

• The Building Act 2004, which replaced the Building Act 1991, affected the building consent process. The main changes to the consent process came into affect on 31 March 2005, when the 1991 Building Act was repealed.

  New material covers 'Restricted Building Work' and the role of Licensed Building Practitioners in getting building consents. Please read both these items - they directly affect you if you're undertaking building work.

Main Changes

• There are new forms which are required by the Act, including application forms.
• More detailed information is required with a Project Information Memorandum (PIM) application, particularly site levels and contours.
• All building consents and PIMs have a 20 day statutory time frame for processing.
• Some building consent applications will be sent to the Fire Service for comment.
• Building projects need to be completed within two years, and a formal application for a code compliance certificate made.
• There is a 20 day timeframe to issue a code compliance certificate at completion.
• Owners are able to apply for amendments to their compliance schedule, or the Council may initiate an amendment.
• Owners must provide copies of licensed building practitioner (LBPs formerly known as independent qualified persons or IQPs) certificates with the building warrant of fitness.

The Council is able to charge for inspection work related to the building warrant of fitness regime, including checking the details of the Warrant of Fitness and accompanying certificates.

If work that required a building consent has been completed without first obtaining one, owners cannot apply for the building consent retrospectively. Instead, owners can apply for a Certificate of Acceptance.

MINOR BUILDING WORK CHANGES -

EFFECTIVE OCTOBER 16, 2008

There are a number changes, which came into effect on October 16, 2008, which will make it easier for homeowners to do minor building work without having to get Council Consent. The list of work that no longer requires a building consent

has been extended and now includes:

• Changing existing household plumbing, including minor drainage work, as long as the work is done or signed off by a licensed
• plumber or drainlayer
• Building or installing a small cabin near to an existing home, as long as the cabin is smaller than 10 m2 and does not have cooking
• or sanitary facilities
• Removing or changing a non load-bearing wall
• Building awnings, pergolas or verandas over a deck
• Installing or replacing windows or exterior doors, provided there have not been weathertightness problems and there is no change
• to structural elements
• Making a home more accessible by widening doorways and building access ramps
• Fitting out shop or office interiors where the work does not modify certain important building features, such as fire escapes
• Erecting tents or marquees, as long as they are smaller than 100m2 (for private use) and 50 m2 (for public use) and will not be used for more than a month

NOTE: THIS LIST IS NOT COMPREHENSIVE BUT COVERS MOST OF THE EXEMPTIONS PERTAINING TO DOMESTIC SITUATIONS. IF YOU ARE UNSURE, ASK YOUR LOCAL COUNCIL BEFORE DOING ANY WORK. BUILDING WORK THAT IS EXEMPT FROM HAVING A BUILDING CONSENT MUST STILL COMPLY WITH THE BUILDING CODE.

NOTE: THE BCA (COUNCIL) WILL OFTEN REQUEST ADDITIONAL INFORMATION TO THAT SUPPLIED AND THE 20-DAY CLOCK WILL STOP UNTIL THAT INFORMATION IS PROVIDED TO THE BCA.

Multiproof Approvals

The MultiProof service, launched in 1 February 2010, enables volume builders to obtain a MultiProof or National Multiple-Use Approval for standardised building designs that are intended to be replicated several times. 

MultiProof approvals are issued by the Department of Building and Housing. A MultiProof is a statement by the Department that a specific set of building plans and specifications complies with the New Zealand Building Code. Under the Building Act 2004 (as amended in 2009), Building Consent Authorities must accept a MultiProof as evidence of Building Code compliance.

A building consent is still needed for a building with MultiProof approval. The role of Building Consent Authorities is to:

• approve site-specific details, including foundations and utilities
• ensure that any MultiProof conditions have been met, and undertake normal inspections during construction

Building Consent Amendments (and Minor Variations)

• Once building work has commenced as a result of the issue of the building consent, any desired changes to the building work which vary from the issued Building Consent need to be carefully considered to assess whether there is a requirement to apply for an amendment building consent, or whether the changed work can be considered to be a “minor variation”.
• Contact can be made with the building section of your local council to ascertain whether the desired changes are only a “minor variation”. 
• To assist in working through the question for yourself, there is a helpful guide produced by the DBH titled “Minor variations to building consents: Guidance on definition, assessment and granting” Feb 2010 available here... 

Offences

It is an offence for a residential property developer to:

• complete the sale of a household unit, or
• allow a purchaser to enter into possession where the contract for sale and purchase was entered into from 30 November 2004

unless either:

• The CCC has been issued, or
• The parties have agreed otherwise in writing using the developer/purchaser agreement form provided by the Department of Building and Housing. (Note: The Council advises you to seek legal advice before signing this form.)

Compliance schedules and warrants of fitness

A compliance schedule is issued for a building, except a single residential dwelling, if it contains certain systems and features necessary for the safety and wellbeing of occupants. These ‘specified systems’ are set in the regulations to the Building Act and include systems such as automatic doors, fire alarms, lifts, and air conditioning systems.

The compliance schedule specifies the testing and maintenance regimes, including the frequency of inspection and who may carry out testing for each of the specified systems contained with in the building.

The owner is obliged to ensure that the specification of the compliance schedule is met and that records are kept. The owner must also issue a building warrant of fitness annually, and display it in a common space within the building. The warrant of fitness is a statement by the owner or his agent that the provisions of the compliance schedule have been met in the preceding 12 months. The owner must also supply a copy of the warrant of fitness and the testing certificates to the Council to keep with the records for the building.

From 31 March 2008 a compliance schedule will be required for single residential dwellings that are serviced by or attached to a cable car.

Earthquake-prone Buildings

The definition of earthquake-prone buildings has changed with the Building Act 2004 Section 122. The provisions apply to all buildings except those used wholly or mainly for residential purposes unless they are two or more stories high and contain three or more household units. The main changes from the Building Act 1991 are:

• the definition is no longer restricted by building construction type or materials
• the threshold strength has been effectively raised to a third of the current structural design code.