Changes to the building consent and inspection process - from 31 March 2005

This section provides an overview of the changes to the building consent and inspection process that came into force on 31 March 2005. It is not a substitute for legal advice. Users should read the relevant sections of the Building Act 2004, or seek legal advice for help with a specific problem.

Project information memoranda (PIMs) (sections 31-39)

The Act introduced minor changes to the PIM process. PIMs must be issued within 20 working days, but this can be extended if additional information is required. The PIM will inform the owner of requirements under the Fire Service Act 1975, as well as the Historic Places Act 1993. If any development contribution will be levied, or a resource consent is required under the Resource Management Act 1991, information on these matters must be attached to the PIM. If a PIM is not issued within the prescribed period, the building consent application can continue.

Project information memoranda (PIMs) voluntary 2010

Following the passing of the Building Amendment Act 2009 in July 2009 a number of changes to project information memorandum (PIM) requirements were introduced. For further information on the Building Amendment Act 2009 see the New Zealand Legislation website .

From 31 January 2010 property owners are no longer required to apply for a PIM when considering carrying out building work that requires a building consent. Further information »

Building consents (sections 40-52)

If a person does urgent building work without a consent, they must apply for a certificate of acceptance as soon as practicable.

If a compliance schedule, or alterations to a compliance schedule, will be required as part of the project, the building consent application must include information about the specified systems in the building.

In certain circumstances, copies of building consents will be provided to the New Zealand Fire Service Commission for advice.

From 2009, the building consent process will include providing confirmation that a licensed building practitioner is involved with any restricted building work in the project. Licensed building practitioners will also be required to notify the building consent authority of breaches of the building consent.

Waivers and modifications (sections 67-70)

Territorial authorities have power to waive or modify the requirements of the Building Code, but are required to notify the Chief Executive of the Department of Building and Housing of the decision. They cannot waive or modify the requirements of the Building Code about access for people with disabilities.

Code compliance certificates (sections 91-95)

From 31 March 2005, building owners must apply for a code compliance certificate as soon as the building work is complete.  If owners do not apply within two years of receiving the consent, the building consent authority will follow up on the project and decide whether to issue a code compliance certificate (unless agreed otherwise with the building consent authority). Projects under the old Act (consented prior to 31 March 2005) are not subject to this two-year timeframe.

Code compliance certificates (CCCs) will be issued against the building consent. This means it is more important than previously for the plans and specifications to demonstrate how the building proposes to meet the requirements of the Building Code.

In the first instance, the building consent authority (BCA) that issued the building consent must issue the CCC. However, if the owner and another BCA agree, that other BCA can issue the CCC.

Applications for CCCs are compulsory, and must be considered within 20 working days. If an application is not received within two years from the date of the consent for the building, the BCA must decide whether to issue a CCC.  Owners who do not finish construction within two years of getting their consents should contact the BCA.

It is an offence to permit use of a public premises affected by building work for which no CCC has been granted, unless the territorial authority confirms it is safe to do so by issuing a certificate for public use.

There are no interim CCCs under the new legislation.

Certificates of acceptance (sections 96-99)

Certificates of acceptance were introduced by the 2004 Act. They provide a means of retrospectively certifying unconsented building work, or work certified by a private certifier that has left the market before a CCC could be issued. A certificate of acceptance states that, to the extent the territorial authority could ascertain, the work is compliant with the Building Code.

Compliance schedules and annual building warrants of fitness (sections 100-111)

A compliance schedule must be issued at the same time as a CCC, if it is required. A building consent authority may charge a fee for the issue of a compliance schedule. Territorial authorities can amend compliance schedules. Building owners have specific obligations to meet compliance schedule requirements. Building owners need to supply a detailed building warrant of fitness to the territorial authority annually. Compliance schedules will be required for all buildings (including residential buildings) with cable cars from 31 March 2008.

Upgrading existing buildings (sections 112-116)

The Act introduced more upgrade requirements around Building Code compliance when there is a change in the use of a building.

Territorial authorities can allow alterations to an existing building where the building will comply with the Building Code as far as practicable, and where the facilities for means of escape from fire or access for people with disabilities are upgraded.

Dangerous, earthquake-prone and insanitary buildings (sections 121-132)

The definition of an earthquake-prone building is no longer limited to unreinforced masonry. A new definition of a moderate earthquake was introduced in the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.

Territorial authorities can issue notices requiring owners to deal with dangers and insanitary and earthquake-prone issues with buildings. If there are immediate dangers or issues, territorial authorities can take action themselves and owners will be liable for the costs.

Also, councils must adopt policies on dangerous, earthquake-prone and insanitary buildings before 31 May 2006.

Notices to fix (sections 163-168)

This was previously called a notice to rectify. Territorial authorities must issue a notice to fix if there is a breach of the Building Act or Building Regulations (a wider remit than under the old notice to rectify regime).

The Act specifies that a notice to fix must include a timeframe for the notice to be complied with, and must name  the territorial authority that must be notified when the work has been done. The territorial authority must then inspect the work and decide if the notice has been complied with. Failure to comply with a notice to fix could result in a fine of up to $200,000, and a further fine of up to $20,000 for every day the offence continues.

Offences (sections 363-369)

The majority of offence provisions applied from 30 November 2004. 

The offences include:

• offence to permit use of public premises affected by building work
• offence for residential property developer to transfer household unit without code compliance certificate
• offence to fail to comply with direction of authorised person
• offence to impersonate building consent authority
• offence to obstruct execution of powers under the Building Act
• offence to remove or deface notices
• offence to make false or misleading statements.

Infringement notices (sections 370-374)

Provisions for infringement offences will be set out in regulations.

Transitional provisions for building consents and code compliance certificates (sections 432-439)

Building projects granted a building consent before 31 March 2005 will be completed under the provisions of the Building Act 2004, with one important exception. Code compliance certificates (CCCs) for these projects will be issued against the Building Code in place when the consent was issued, and as if the Building Act 1991 were still in force.

This is different from the 2004 Act's provisions, where work is measured against the building consent. The intention of the Act is to make the compliance system fairer by addressing the problem that building work which may have started several years ago must comply with the Building Code in place today. It also aims to improve the documentation provided on proposed building work.
 
If your consent was issued prior to 31 March 2005, you can apply for a code compliance certificate at any time. However, you should apply as soon as possible after completion of the building work.