Technical Review of the Building Control Operations of Selwyn District Council Summary Report
Roles of the Department of Building and Housing and the Council
The Department's role
The Department is responsible for conducting technical reviews of territorial authorities and building consent authorities. This is part of its wider statutory responsibilities for building and housing, and administration of New Zealand's building legislation. In summary the Department's key building control functions include:
- advising the Minister for Building and Construction on matters relating to building control
- administering and reviewing the Building Code
- producing Compliance Documents that specify prescriptive methods as a means of complying with the Building Code
- providing information, guidance and advice on building control to all sectors of the building industry and consumers
- implementing, administering and monitoring a system of regulatory controls for a vibrant, innovative sector with skilled building professionals
- making determinations, or technical rulings, on matters of interpretation, doubt or dispute relating to compliance with the Building Code or the issuing of building consents and code compliance certificates.
The role of the Consent Authority Capability and Performance Group
The Department's Consent Authority Capability and Performance Group is responsible for undertaking technical reviews of territorial authorities and building consent authorities. The Group's broad functions include:
- monitoring, reviewing and improving performance outcomes of the regulatory building control system, for example conducting technical reviews of territorial authorities and building consent authorities
- designing and implementing a system of accreditation and registration to be used to strengthen decision-making at the important building consent and inspection stages of the building process
- managing the accreditation body that will assess prospective building consent authorities
- strengthening relationships with territorial authorities, building consent authorities, and other key industry stakeholders
- investigating and resolving complaints about performance issues
- providing guidance, advice and assistance to the regulatory building control sector.
Role of building consent authorities and territorial authorities
Territorial authorities have a wide range of statutory functions and powers under the Building Act 2004. Briefly, these include:
- determining whether applications for waivers or modifications of the Building Code, or any document for use in establishing compliance with the Building Code, should be accepted
- determining the extent to which buildings must comply with the Building Code when altered, their use is changed or their specified intended life changes
- determining whether building work is exempt under Schedule 1 from the need to obtain a building consent
- enforcing the Building Act, Building Regulations and Building Code
- performing functions relating to dangerous, insanitary and earthquake-prone buildings
- issuing certificates of acceptance
- issuing certificates for public use
- issuing and amending compliance schedules and enforcing the building warrant of fitness regime
- issuing project information memoranda
- following up on notices to fix, gaining access to buildings, collecting fees and issuing fines and infringements.
Territorial authorities must also act as a building consent authority for their district. Statutory functions of a building consent authority include:
- receiving, considering, and making decisions on applications for building consents within set time limits
- inspecting building work for which it has granted a building consent
- issuing building consents, code compliance certificates, compliance schedules and notices to fix.