Proposed changes to building controls

What’s happening?

The Building Act will be amended to more clearly set the framework for a stepped, risk-based building consent system where the amount of plan checking and inspection is aligned with the risk and complexity of the work, and the skills and capability of the people doing the work. This system will be ‘activated’ only once other quality assurance measures are in place (after mid-2012).

What will stepped consenting look like?

The key elements of the proposed stepped building consent system are:

1. a streamlined building consent process for some low-risk work (such as a free-standing garage or large rural shed) that simply checks that certain conditions are met (for example the work is undertaken by a licensed building practitioner) but involves no further inspections by building consent authorities
   
2. a simplified and more prescribed consenting process for certain simple residential building work at the lower-risk end of the spectrum (such as a simple single-storey house built using proven methods and design with low structural and weathertightness risks)
   
3. existing consent and inspection requirements for moderate- to high-risk residential building work, such as a multi-story house of complex design, and for lower-risk building work not involving a suitably qualified building practitioner
   
4. new building consent processes and requirements for commercial buildings, to provide for reliance on third-party (non-building consent authority) review and quality assurance processes as an alternative to the current consenting and inspection requirements provided certain conditions are met.

When will this system start?

Stepped consenting will be ‘activated’ once certain pre-conditions are met, to ensure building quality is not compromised. This will not happen until mid-2012 at the earliest.

What other measures need to be in place first?

The quality assurance measures that need to be in place include:

• greater awareness and understanding of the performance requirements of the Building Code and of how to comply with them
• a base of competent practitioners in the sector, the cornerstone of which is the Licensed Building Practitioners Scheme
• strengthened contracting requirements and related measures in the residential construction sector
• an effective monitoring regime.

What’s happening to Section 363B of the Building Act?

Section 363B of the Building Act 2004 is being repealed.

There are other controls that better address risks to public health and safety from uncertified building work undertaken before 2005.

Section 363B required owners of public buildings where building work for which a building consent was required was undertaken between 1 July 1992 and 31 March 2005 to ensure they have a code compliance certificate, a certificate of acceptance (if the Council is unable or refuses to issue a code compliance certificate) or a certificate for public use (if the work has not been completed) by 31 March 2010.

What’s happening to the Building Warrant of Fitness regime?

Amendments to the Building Act will clarify aspects of the Building Warrant of Fitness regime. This applies to buildings with certain systems critical to life and safety, for example sprinklers, fire alarms and lifts.

There is some lack of clarity about exactly what is covered and some inconsistency in the way requirements are interpreted and applied.

What’s happening to the Code Compliance Certificate and Compliance Documents?

The terms ‘Code Compliance Certificate’ and ‘Compliance Documents’ will be changed as part of amending the Building Act, to reduce confusion.

A Code Compliance Certificate is issued when a building consent authority is satisfied that building work complies with the building consent. The name is to be changed to make it clear that this document is not an absolute guarantee that the work is Code compliant, but that it records that the process has been completed.

A Compliance Document describes one way, but not the only way, of achieving compliance with the Building Code. Feedback from the review suggested that people think they have no choice but to follow the methods set out in a Compliance Document. The terms ‘Acceptable Solution’ and ‘Verification Method’ are preferred alternatives.

Can I have a say?

Yes. There will be opportunities for interested parties to comment on amendments to the Act and regulations as part of the legislative process.

Further information

Read more in Paper 3: Stepped consenting [PDF 130 KB, 23 pages]