Waivers and modifications of the building code

Section 67 of the Building Act 2004 allows territorial authorities (TA) to grant a building consent subject to waiver or modification of the building code. If a building consent is granted subject to a waiver or modification, the territorial authority must notify the chief executive of the Department of Building and housing under section 68 of the Building Act 2004.

The Department of Building and Housing has prepared guidance information and an example notification form to assist territorial authorities when granting building consents subject to waivers and modifications of the building code. See the Waiver and modification guidance and the Notification of Waiver or Modification of the Building Code Form.

Waivers and modifications allow TAs to exercise judgement when dealing with unusual building compliance situations. TA staff need to understand the structure of the Building Code to be able to effectively consider applications that include waivers or modifications. A TA that grants a building consent subject to a waiver or modification of the Building Code must notify the Chief Executive of the Department.

This form has been developed to capture information that will assist the Department with its monitoring role under section 169 of the Building Act 2004. Parts A-D of this form are intended to draw out the information required to effectively notify the Chief Executive of the Department of a TAs granting of a waiver or modification.

Notifications to the Chief Executive of a waiver of modification of the Building Code must contain specific detail so that it is clear what was actually being waived or modified by the TA.

A TA that grants a building consent subject to waiver or modification of the Building Code must notify the Department.

A waiver or modification of the Building Code may be subject to any conditions the TA considers appropriate.

A TA cannot grant an application for building consent subject to a waiver or modification of the Building Code relating to access and facilities for people with disabilities.

A request for a waiver or modification of energy work must be forwarded to the Chief Executive of the Department of Building and Housing for a decision.

An alternative solution is not a waiver or modification of the Building Code.