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BC Update: No.29 - Guidance for managing variations and amendments to building consents

UPDATE: This content is out of date, for up to date information please read Codewords Issue 20 May/June 2007

2 Sep 2005: This Building Controls Update deals with variations and amendments to building consents. The Building Act 2004 revised the consents and inspection process and altered the way in which code compliance certificates are issued. This has had an impact on the way that variations are managed.

 By offering some guidance, the Department hopes to assist building consent authorities (BCAs) and the industry in applying a more uniform approach to handling variations.

The guidance is now available, a summary of which is provided below. In addition, the Department has provided an information sheet for practitioners.

  • The principal reason for building consents, inspections and code compliance certificates (CCCs) is to ensure that building work is done to a minimum performance standard. This provides assurance to building owners and users, and also to any future owners and users of a property.
  • The provision in the Building Act linking the issue of a CCC to the building consent (section 94(1)(a)) was inserted into the legislation to prevent building consent applicants being unfairly disadvantaged where a change to the Building Code occurred.
  • The provision is meant to ensure that the CCC granted by the building consent authority (BCA) at the end of the building process reflects the Building Code in place at the time the consent was granted. The BCA issues a CCC if it is satisfied on reasonable grounds that the work complies with the building consent.
  • It was not intended that the consent provisions in section 94(1)(a) would provide for a literal test against the consent documentation.
  • When a BCA is assessing a building for a CCC it should focus on the building work that affects the building’s compliance with the Building Code, as approved in the building consent.
  • The test for issuing a CCC under section 94(1)(a) of the Act should not significantly change the way a BCA conducts its inspections for CCCs, or make the management of building consent amendment unduly onerous. A BCA is not required to undertake the same types of inspection that a Clerk of Works or a supervising architect might carry out at completion of a project.
  • Significant changes affecting the performance of the building should require an amendment to the original building consent.
  • When dealing with variations to a building consent, some factors to consider are:
    • The size and impact of the variation
    • Whether the variation impacts on Building Code performance
    • Whether the variation impacts on compliance with other Acts or regulations
  • Ideally, the building consent amendment process should not create undue difficulties for consent applicants.
  • A BCA need not be overly concerned with minor changes that do not in any way affect the building’s compliance with the Building Code.
  • Significant variations to a building project need careful consideration and a BCA will want to manage this work through a formal amendment process as part of its normal work programme.
  • Changes or variations that comply with the Building Code but result in a lesser degree of performance should be recorded. Depending on the nature of the change, this does not necessarily require an applicant to apply for an amendment to the original building consent.
  • Product substitution is common in New Zealand and should not require an amendment to the original building consent as long as the building work will continue to meet the performance requirements of the Building Code.
  • Product substitution that results in compliance with the Building Code but a lesser degree of performance should be recorded. This does not necessarily require an applicant to apply for an amendment to the original building consent.
  • The Building Act 2004 aims to provide greater assurance for consumers. The property owner or consumer may have specific preferences and will not always be aware of changes made by a tradesperson or designer. To manage this situation, a BCA may need to have in place a process to be certain that the property owner is aware of and approves of proposed changes.
  • Performance of proposed changes to the building consent is assessed using the same tools that a BCA normally uses to establish 'reasonable grounds'.
  • It is not always necessary to complete the Form 2 when making an application for an amendment to a building consent, depending on the size and complexity of the proposed amendment.