Key findings of the review
8 - Compliance with other Building Act requirements
Purpose
To examine the Council's performance on a range of other building control operations required by the Building Act that are not specifically covered under the other terms of reference.
Background
The Building Act contains a range of obligations and responsibilities relevant to the Council's building control operations. The requirements examined under this part of the review include:
- issuing building consents where an authorisation under the Resource Management Act (RMA) 1991 is required (section 37)12
- building on land subject to erosion, etc (sections 71-74)13
- alterations and changes of use to existing buildings (sections 112, 114 and 115)14
- dangerous and insanitary buildings (described in sections 121 and 123)15
- earthquake-prone buildings (described in section 122).16
Initial review
Restrictions and limitations on building consents
The initial review identified the Council did not have formal policies or procedures for staff to follow when making decisions relating to:
- placing conditions on a building consent that relate to the Resource Management act (RMA) 1991 as per section 35(1A)17
- alterations to existing buildings (sections 38)18
- change of use to buildings (section 46)19
Dangerous and insanitary buildings
The initial review found that the Council did not have a policy and procedure relating to dangerous and insanitary buildings.
Earthquake-prone buildings
The initial review identified that the Council did not have any mechanism for identifying buildings that were potentially earthquake-prone. The Council also had no policy or procedure for the assessment of earthquake-prone buildings.
Recommendations to and actions taken by the Council
| Recommendations made to the Council |
Action taken by the Council before the follow-up review |
| Develop procedures that ensure consistent application of requirements under sections 38 and 46 of the Building Act 1991 and that consideration of these issues is clearly documented. |
The Council introduced systems for assessing compliance with the relevant provisions of the Building Act 2004. |
| Ensure staff receive appropriate training regarding their obligations under these sections of the Act. |
The Council had not implemented this recommendation. |
| Develop policies for dangerous, insanitary and earthquake- prone buildings. |
The Council developed a policy on dangerous, insanitary and earthquake-prone buildings. |
Follow-up review
Restrictions and limitations on buildings consents
The Council introduced a system for assessing compliance with sections 46, 47, 73, 77, 112, 114 and 115 of the Building Act 2004. However, this system was not fully documented and was, as a consequence, being applied inconsistently. Furthermore, the Department found that the Council was yet to provide staff with training relating to their obligations under the above sections of the Act.
Dangerous and insanitary buildings
The Council had developed a policy for dangerous and insanitary buildings as required by section 131 of the Building Act 2004.
Earthquake-prone buildings
The Council had developed a policy for earthquake-prone buildings as required by section 131 of the Building Act 2004.
Recommendations to and response from the Council
| Recommendations to the Council |
Response from the Council |
| Fully develop and document policies and procedures to ensure consistent application of requirements under the various sections of the Building Act 2004. |
The Council advised it had adopted formal policies and procedures on these matters as part of its preparations to be accredited as a building consent authority. |
| Train staff to ensure the policies and procedures are followed. |
The Council advised it had adopted formal policies and procedures on training as part of its preparations to be accredited as a building consent authority. |
Conclusion
The Council has substantially progressed its implementation of the Department's recommendations. While it advises that further work has subsequently been undertaken as part of its preparation for assessment as a building consent authority, the Department did not assess such work during this review.