The Building Act 2004 - 31 March
What will happen?
The Building Act 2004 will change the way New Zealand buildings are designed and constructed. Improved controls and better practices will strengthen the industry, while consumers will know that their houses meet Building Code standards.
On 31 March some of the provisions of the Building Act 2004 come into force. Others, such as the licencing of building practitioners, come into effect over time. In this issue of Codewords we present an overview of the 31 March changes and where to find more information on the transition process.
Major changes
Creation of building consent authorities
From 31 March 2005, building consent authorities (BCAs) will be responsible for issuing building consents, code compliance certificates and notices to fix. The 2004 Act allows for the registration of territorial authorities, regional authorities, private companies and individuals as BCAs. To be registered as a BCA, an applicant will have to meet quality standards for procedures, processes and people. The assessment will be carried out by an accreditation body appointed by the Chief Executive of the Department of Building and Housing.
All territorial authorities will automatically become BCAs on 31 March 2005. However, to continue to operate as BCAs after 30 November 2007, territorial authorities must have completed the full registration process by that date.
Unlike territorial authorities, private building certifiers under the 1991 Act will not automatically become BCAs. They will need to apply for registration by 31 May 2006 if they want to make the transition.
Building consents
Building consents have been strengthened considerably as the foundation documents of the building process. Applications now require a far greater level of detail than before, and code compliance (see further below) is now assessed against the consent itself, rather than directly against the Building Code.
BCAs will have up to 20 working days to process building consent applications. If a person does urgent building work without a consent – for example, demolition after a fire – they must apply for a certificate of acceptance as soon as practicable.
If a project requires a compliance schedule the consent application must include information about the specified systems in the building.
In certain circumstances, copies of consents will be sent to the New Zealand Fire Service Commission for advice. The Fire Service will have 10 working days to provide that advice, which can be accepted or rejected by the BCA.
Code compliance certificates
Building consent authorities will issue code compliance certificates (CCCs) on work for which they issued a building consent. The CCC is dependent on inspection and will be issued if the building work complies with the consent: again, the building consent itself is the key point of assessment, rather than the Building Code. Applications have to be considered by the building consent authority within 20 working days.
BCAs will follow up if a CCC hasn’t been applied for within two years after a building consent is issued.
Note that from 31 March there will be no interim CCCs issued. The Building Act 2004 only provides for final CCCs.
The rest - other provisions and changes
Compliance schedules and building warrants of fitness
If a compliance schedule is required for a project, it must be issued at the same time as the CCC. A BCA may charge a fee for preparing the compliance schedule.
A territorial authority can amend a compliance schedule as required, at any time, after discussing with the owner. Building owners have specific obligations to meet compliance schedule requirements and will need to supply a detailed building warrant of fitness to the territorial authority annually, along with copies of inspection forms and any recommendations made by the inspector.
Certificates of acceptance
The Act introduces a new document called a certificate of acceptance. People can apply to their territorial authorities for a certificate of acceptance for work that was begun without a building consent, or where a private building consent authority issued the building consent but is unwilling or unable to issue a CCC.
A certificate of acceptance states that, to the extent the territorial authority can ascertain, the work complies with the Building Code. This offers some assurance to consumers where none would otherwise exist: note that it is still illegal to undertake building work without a consent where one is required.
Certification of building products and systems
From 31 March, some of the regulations introducing a new scheme for certifying building products and systems as complying with the Code come into effect. The overall scheme is still being designed.
People will be able to choose certified products for their project with the assurance that the products meet Building Code standards.
Manufacturers will be able to apply for certification of their products and systems. The certificate issued will provide detailed information about how to use the product to help ensure it is used in a way that complies with the Building Code.
Producer statements
Producer statements have no specified status in the legislation, though they will still be a mechanism to help establish compliance with the Building Code.
Project information memoranda (PIMs)
The Act introduces changes to the PIM process. PIMs must be issued within 20 working days, but this can be extended if additional information is required. The PIM will inform the owner of requirements under the Fire Service Act 1975, as well as the Historic Places Act 1993. If any development contribution will be levied, or a resource consent is required under the Resource Management Act 1991, information on these matters must be attached to the PIM.
If a PIM is not issued within the prescribed period, the building consent application can continue.
Change of a building’s use
An owner must give written notice to their TA if they propose to change the use of a building. Where the use of a building changes to residential (from any other use), then the building must meet, as reasonably as practicable, all Building Code requirements relating to residential buildings. What amounts to a ‘change in use’ has been set out in regulations.
Notice to fix
This was previously called a notice to rectify. BCAs must issue a notice to fix if there is a breach of the Building Act or Regulations. The Act specifies that a notice to fix must include a time-frame for the notice to be complied with, and the person who must be notified when the work has been done. The TA must then inspect the work and decide whether the notice has been complied with.
Dangerous, earthquake-prone and insanitary buildings
The definition of an earthquake-prone building is no longer limited to unreinforced buildings.
TAs have power to prohibit use of buildings.
When the territorial authority issues a warrant to fix unsanitary conditions immediately, the warrant does not need to be confirmed by the District Court if the building owner cooperates with the process and notifies the TA.
Territorial authorities have 18 months to develop policy in this area.
Transition
What happens to building work already under way?
In relation to building consents, the 1991 Act stays in force until 31 March 2005. After that date the 2004 Act will apply.
There are special transition provisions that apply to projects started under the 1991 Act and not yet completed by 31 March 2005. In terms of code compliance certificates (CCCs), if your building consent was issued under the 1991 Act, the CCC application will be dealt with under the provisions of the 1991 Act, although the CCC will be issued against the Building Code in place when the consent was issued.
In all other matters, building projects that were started under the 1991 Act will be treated as projects under the 2004 Act.
For more detailed information on the Building Act 2004 provisions and transitional arrangements, see Newsline or visit www.dbh.govt.nz
Still to come – further Building Act changes
Building Code Review
A series of workshops is already under way to review the Building Code, and this process will be completed by 30 November 2007. The review focuses on seeing how the Code could be made more user-friendly, and ensuring that performance standards for buildings are clear and meet community expectations. Changes made will take into account the Act’s requirements for sustain-able development and for buildings that help people stay healthy and comfortable.
BCA registration
Territorial authorities, regional authorities, private companies and individuals will need to be registered by 30 November 2007 and meet accreditation through an independent third party to carry out functions as a building consent authority.
Licensing of building practitioners
The Act brings in a system for licensing building practitioners.
Regulations will define certain work as having to be done or supervised by a licensed building practitioner. This work is called ‘restricted work’.
Exactly what types of trade will be licensed will be set out in regulations. The Department will run the licensing system.
People will be able to make complaints about licensed building practitioners to an independent board.
A licensed building practitioner will have to do, or supervise, any restricted work from 30 November 2009.
From 30 November 2009, applications for building consents will have to include a list of the licensed building practitioners who will be involved in the project.
The Building Act 2004
Where to get Information
The Department has many resources available for both consumers and industry.
The Building Act 2004 website is the building sector’s first port of call for up-to-date information on the consent and inspection provisions taking effect on 31 March. All of the Department’s Building Act-related publications are also available from this site.
Keep an eye on the ‘What’s new’ section (right-hand side of the homepage) for links to new information as it is added.
ConsumerBuild offers important information that consumers need to know about the Building Act. The site has been created primarily for people who are about to build or renovate a home, but it has a wide range of information that will also be of use to the building sector.
Building Act 2004 helpdesk
As part of the Building Act 2004 implementation programme, the Department of Building and Housing has set up a helpdesk to assist with questions about the Act. It offers support and guidance on the changes to the legislation, with a particular focus on the new requirements in the building consent and compliance processes that come into force on 31 March.
Please note that the Helpdesk cannot answer questions about technical building matters or individual building projects.
You can contact the Helpdesk by:
Phone: 0800 242 243 or (04) 471 0794, ask for the Building Act Helpdesk
Licensing Helpdesk:
Information about building practitioner licensing. Visit the website, or phone 0800 60 60 50.
Publications
A range of publications is being produced to inform the building sector about changes to building regulations and processes.
Bundled with Codewords magazine, Newsline provides monthly updates on the implementation of the Building Act along with explanations of new measures.
The crucial role of building officials has been recognised with the development of the Building Officials’ Guide to the Building Act 2004, which summarises the most important parts of the Act and changes to day-to-day operational activities.
For more general audiences, a suite of leaflets and a consumer booklet packed with essential information about the Building Act, rights and responsibilities, and the building or renovation processes will be available from local authorities soon.
Seminars
The Department is on the road in 2005 to ensure there are plenty of opportunities to attend seminars, whether for professional development or simply to be better informed on the changes and intent of the Building Act.
There will be presentations or workshops at the Building Officials’ Institute of New Zealand (BOINZ) annual conference in March, the BRANZ seminar series touring the country in March and April and the Build NZ show in Auckland in June. For more information on all of these, see Newsline no.5.