Building law and compliance

Building law in New Zealand

New Zealand's main systems for governing building work (collectively known as ‘building controls’) are the Building Act 2004, the Building Regulations 1992, and the Building Code, which is the First Schedule to the Building Regulations. All building work must comply with the Building Code.

The Building Act mainly applies to the physical aspects of building work. Other legislation may also apply to building proposals, the ongoing use of a building, consumer protection, and the health and safety of workplaces in buildings.

Compliance Documents are published by the Ministry of Business, Innovation and Employment to help people comply with the Building Code. Many Compliance Documents reference New Zealand Standards.

An alternative solution  is a building design solution that differs from those contained in the Compliance Documents, but is accepted by a building consent authority as meeting the requirements of the Building Code.

Product assurance is a framework that makes it quicker and easier for product suppliers and users to show compliance with New Zealand Building Code requirements. It has been developed by the Ministry to improve building quality and to help the industry.

You can also download our guide to product assurance.

Product certification (CodeMark) is a voluntary, statutory scheme and is the ultimate form of product assurance. CodeMark-certified products must be accepted as complying with the Building Code, when used as specified.

A determination is a binding decision made by the Ministry. It provides a way of solving disputes or questions about the rules that apply to buildings, building accessibility, and health and safety.

An energy work certificate is issued by a licensed electrician or licensed gasfitter. It provides certification that energy work has been undertaken in accordance with either the Electricity Act 1992 or the Gas Act 1992.

The consents and inspections process ensures that building work complies with the Building Code. In other words it is safe, durable and does not endanger health, both for the current users of the building and to protect those who may buy and use the property in the future.

Restricted Building Work can only be carried out by Licensed Building Practitioners or those deemed to be licenced. Read the Order in Council.