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Report on the Review of the Building Code: 5 Building Code review requirements

The review of the New Zealand Building Code is a key initiative in moving towards better practices in building design and construction, to ensure buildings contribute to vibrant, healthy, safe and sustainable rural settlements, towns and cities.

Section 451 of the Building Act 2004 requires the Chief Executive of the Department of Building and Housing to review the Building Code and to prepare a report for the Minister for Building and Construction on the outcome of the review within three years of the section coming into force (that is, by 30 November 2007).

The Chief Executive's report is required to include recommendations setting out any amendments to the Building Code believed necessary or desirable, after considering the extent to which:

  • the Building Code meets the requirements of the Act
  • the Building Code is stated in sufficient detail to provide clear guidance on the related performance standards.

While different clauses within the Building Code have been revised since 1992 when it was first written, this has been the first top-to-bottom review.

5.1 Review considerations

The review of the Building Code focuses on:

  • whether the Building Code addresses everything the Act requires, and
  • whether its requirements are clearly stated.

5.2 Review recommendations

Recommendations from the Building Code review are aimed at ensuring:

  • a performance-based Building Code that sets clear performance standards that can be supported by Compliance Documents and guidance material
  • a Building Code that retains those parts of the existing Code that are working well
  • a Building Code that will help bring about innovation without compromising confidence in the standard achieved
  • a Building Code that is accessible to a wider range of people
  • building standards that are robust, evidence-based and take into account both benefits and costs
  • building standards that balance performance with affordability
  • building standards that allow for different levels of performance in different environments, based on risk and consequences
  • accessible and comprehensive Compliance Documents and guidance material available in a range of media.

Recommendations about the content of the Building Code have been classified as Type 1, 2 or 3.

Type 1 recommendations are recommendations to amend the Building Code to clarify and update the performance requirements that are currently in either the Building Code or supporting Compliance Documents. These amendments would not directly require any changes in construction methods or materials, and their intent is to clarify the current requirements. It is expected there would be no impact on construction costs, and a small reduction in design and compliance costs.

Type 2 recommendations are recommendations to consult on proposals to amend the Building Code involving new performance requirements, changes to the scope of requirements, or different approaches to describing requirements. These would be prepared in conjunction with Compliance Documents to provide guidance to the sector, and would be subjected to benefit/cost analysis, a regulatory impact assessment, and consulted on with Cabinet approval before being finalised.

Type 3 recommendations are recommendations to investigate and collaborate on possible performance requirements that are conceptual at this stage. They require development and collaboration with the sector before they could be considered for approval for consultation as amendments to the Building Code.