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Amendments to the Building Act - from 14 April 2005

Amendments to the Building Act were passed to correct and clarify drafting issues that became apparent when some provisions of the Building Act 2004 came into force in March 2005.

In particular, changes were made to section 363, which makes it an offence to use, or permit use of, premises intended for public use that are affected by building work. These changes clarified how the provision is applied, and introduced a certificate for public use and transitional arrangements.

Amendments to section 363

  • A clear articulation that the section is to protect the safety of members of the public who are using premises intended for public use.
  • Clarification that section 363 applies only to premises in a building that are intended for public use.
  • Clarification that section 363 applies only to the parts of premises intended for public use that are affected by building work.
  • Allowance for an owner of premises intended for public use to apply for a new safety-based certificate, called a certificate for public use, so premises intended for public use can be used or occupied prior to the issue of a code compliance certificate, if it is safe to do so. This addresses issues around staged use or occupation of buildings during development (for example, hospitals).
  • Insertion of a new transitional provision so that section 363 applies to all:
    • new buildings from 31 March 2005
    • existing buildings from 14 April 2010
    • and for existing buildings, owners can apply for a certificate of acceptance for building work.

Amendments to other sections

  • Amendment to transitional provisions to enable independent qualified persons (IQPs) to carry out work in relation to all compliance schedules and building warrants of fitness as if they were licensed building practitioners until 30 November 2009 (section 438).
  • Clarification of the definition of ‘territorial authority’ to make it clear that they are responsible for the regulation of building work in coastal marine areas (section 9).
  • Clarification of the definition of ‘building work’ to make it clear that it excludes design work for building consent purposes, but that design licensing classes can be set and restricted building work can include design (section 7).
  • A requirement for Compliance Documents to be available free of charge on the internet (sections 22-25).
  • Alteration to wording relating to subdivisions to clarify that there is no change from the Building Act 1991 (section 116).
  • Alteration to notice to fix provisions to clarify that a responsible authority can require any appropriate action, including requiring a building owner to apply for a building consent, an amendment to a building consent or a certificate of acceptance (section 165).
  • Requirement that a specified person must contact either the territorial or regional authority, as appropriate, when issued with a notice to fix (section 165).
  • Allowance for the Registrar of Licensed Building Practitioners to assist the Building Practitioners Board to receive and investigate complaints (section 311).
  • Clarification that the offence for a residential property developer applies only to contracts entered into on or after 30 November 2004 (section 364).
  • Inclusion of a new offence to knowingly use, or permit others to use, a building that is not safe, sanitary or has inadequate means of escape from fire (section 116B).
  • Clarification of regional authority powers to cover buildings that are entirely dams, as well as buildings that are partly dams (section 14).
  • Clarification that the building levy is payable when a building consent is granted, rather than when it is issued (section 53).
  • Clarification that territorial and regional authorities cannot issue waivers of provisions for access and facilities for people with disabilities for new buildings (sections 67 and 69).
  • Clarification that, after 30 November 2009, it is not an offence to carry out restricted building work by anyone where they are supervised by someone who is a licensed building practitioner (section 85).
  • Clarification that transitional provisions apply to cable cars, so that building consents are not required for moving parts of a cable car, and compliance schedules are not required for cable cars before 31 March 2008 (sections 8 and 100).
  • Minor alteration to the wording of provisions relating to the standard required for alterations to existing buildings (sections 112, 115 and 116).
  • Clarification that regional authorities can administer dam safety requirements without being registered or accredited as regional authorities to do so (sections 191-193).
  • Clarification that the requirement for a building consent authority to have adequate means to cover any civil liabilities does not apply to territorial or regional authorities (section 192).
  • Clarification that, if a regional authority transfers its functions to another regional authority, it does not have to become accredited and registered as a building consent authority (section 241).
  • Clarification that regional authorities are required to collect the building levy (section 243).
  • Clarification that documents referenced in regulations or Compliance Documents do not have to be published on the internet, but that documents should be available for inspection free of charge at some Department offices.