Changes to the Building Act

  Recent Changes to the Building Act

Restricted building work defined

• The design and construction of the primary structure – foundations and framing - to ensure the building can withstand vertical and horizontal loads
• The design and construction of external moisture management systems - the roof and cladding - to ensure it is weathertight.
• The design of active fire safety systems in small-medium sized apartment buildings.

The rationale for restricted building work is that because it is critical to the integrity of a building, it should only be done by a competent (ie, licensed) person.

However, the definition of restricted building work does not jeopardise DIY, because owner-builders will still be able to build a home from scratch if they wish. Restricted building work will also not affect most DIY projects because it won’t apply to any work that doesn’t require a building consent. This means DIYers can still renovate a kitchen/bathroom, put in a window or door.

Nor will restricted building work apply to low-risk work that does require a building consent – such as removing an internal wall or building a conservatory, or to buildings that aren’t regularly occupied, like garages, sheds, fences and retaining walls, and farm buildings.

DIY exemption

DIYers wanting to build a house from scratch or do work such as adding a new room will be able to claim an exemption from restricted building work requirements if they:

• Are an individual (ie, not a company or trust)
• Have a legal, beneficial or equitable interest in the land
• Live in, or intend to live there (including a bach or holiday home)
• Carry out the work themselves, or with a close friend or relative

The declarations will be kept on council files. This means a possible purchaser will know a house is DIY and, if they choose to buy, can contact the DIYer if any of the restricted building work is defective.

DIYers will only be able to carry out restricted building work on one home every three years. This – and the other conditions – is to prevent unlicensed builders masquerading as DIYers.

Licensing

The Department of Building and Housing is expecting about 20,000 practitioners to be licensed by March 2012, now that restricted building work been defined and that the licensing scheme is being streamlined.  

Many building practitioners have been holding back from becoming licensed because they didn’t know the final shape of the scheme or because of concerns that their qualifications would not be given sufficient recognition.  Streamlining proposals for early 2010 include making the scheme faster, easier and cheaper for trade-qualified practitioners to become licensed.

That doesn’t mean non-qualified people can’t be licensed, because the scheme is competency based and a number without formal qualifications have already been granted licensing

The Government’s decisions on restricted building work provide the building industry with certainty about the scheme.

Licensing will remain voluntary – as it has been since it was introduced in November 2007 – but from March 2012 those not licensed will be limited in what they can do. They will have to engage a licensed person to carry out or supervise restricted building work.

The lead-in time for restricted building work to take effect is to ensure that sufficient building practitioners are licensed to prevent building activity being disrupted by a lack of licensed people.

Building Act review

A review is also underway of the Building Act, with the aim of cutting red tape in the building consent process, with sector-wide consultation proposed for 2010.

The review proposes that, with full implementation of licensing there is potential for a more risk-based approach to the building consent process, reflecting the competence (ie, licensing) of those doing the work. For example, the number of inspections for a straightforward new house could be cut from the current 12-15 down to four.

Fewer inspections would mean lower consenting costs and faster building times: When licensing is in full swing thousands of dollars could be knocked off the cost of a standard house.

More information on building practitioner licensing and restricted building work is available at www.dbh.govt.nz/lbp.

Information on the Building Act review is at >www.dbh.govt.nz/buildingactreview  

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 square metres 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 100 square metres (for private use) and 50 square metres (for public use) and will not be used for more than a month.

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.

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.