Introduction to the Building Act

In New Zealand the building, alteration or demolition of houses and other structures is controlled by the Building Act, 2004. The legislation ensures buildings are safe and healthy to live in.

There is a three-part framework for setting out these controls:
 

 
The Building Act defines the role of the Department of Building and Housing (DBH) and sets out the law and responsibilities relating to building work. District Councils, including Hauraki District Council, must make sure people comply with the Act. Hauraki District Council does this through it’s Planning and Environmental Services Department.

What is the Building Act 2004
What are the main changes now?
What will the New Building Act do?
Why has the Department of Building and Housing been established?
Dates when key changes to the Building Act take effect

What is the Building Act 2004    ñTop

The Building Act 2004 repealed the Building Act 1991 and as a result, the Building Industry Authority, which regulated the building industry under the 1991 Act, has been dissolved. Implementation and administration of the Building Act has shifted to a government department, the Department of Building and Housing, which was established on 1 November 2004. The Building Act 2004 is all about improving control of and encouraging better practices in building design and construction, to ensure buildings are built right first time. The Act has a range of measures to achieve this, including bringing more scrutiny into the building consent and inspection process.

When any building work is done, even if it does not require a building consent, the work must meet the requirements of the New Zealand Building Code.


What are the main changes now?     ñTop

  • New forms are required including application forms.

  • More information is required with a Project Information Memorandum (PIM) application, particularly site levels and contours.

  • 20 day statutory time frame for processing all Building Consents and PIMs.

  • Some building consent applications will be sent to the Fire Service for review and comment.

  • Building projects need to be completed within two years, and a formal application for a code compliance certificate made.

  • There is a 20 day timeframe to issue a Code Compliance Certificate at completion.

  • Owners are able to apply for amendments to their Building Consent, or the Council may initiate an amendment.

  • Owners must provide copies of Independent Qualified Person (IQP) certificates with the Building Warrant of Fitness.

  • The Council is able to charge for inspection work related to the Building Warrant of Fitness regime, including checking the details of the warrant of fitness and accompanying certificates.

  • For any work that has been completed without first obtaining a Building Consent, owners must apply for a Certificate of Acceptance.


Offences

It will now be an offence to permit the public use of any part of a building affected by building work before a Code Compliance Certificate (CCC) or Certificate for Public Use has been issued for work covered by a Building Consent issued from 31 March 2005.

Owners may wish to consider options to manage this situation, including obtaining a series of separate Building Consents for each stage of the work, rather than one consent for all the work.

It is also an offence for a residential property developer to complete the sale of a household unit, or allow a purchaser to enter into possession where the contract for sale and purchase was entered into from 30 November 2004, unless either: the CCC has been issued, or the parties have agreed otherwise in writing using the developer/purchaser agreement form provided by the Department of Building and Housing. (Note: The Council advises you to seek legal advice before signing this form.)

Earthquake-prone Buildings

The definition of earthquake-prone buildings has changed within the Building Act 2004, including:

  • the definition is no longer restricted by building construction type or materials

  • the threshold strength has been effectively raised to a third of the current structural design code

  • The new definition of earthquake-prone buildings is in the Building Act, Part 2, Section 122.

Section 131 of the Building Act, 2004 required Hauraki District Council to adopt a policy on Earthquake Prone and Dangerous and Insanitary Buildings (126KB) by 31st May 2006.


What will the New Building Act do?     ñTop

The new Building Act aims to improve control of, and encourage better practices in building design and construction. This means:

  • more clarity on the standards DBH expect buildings to meet

  • more guidance on how those standards can be met

  • more certainty that capable people are undertaking building design, construction and inspections

  • more scrutiny in the building consent and inspection process

  • better protection for homeowners through the introduction of mandatory warranties.

 
Why has the Department of Building and Housing been established?   ñTop

The Department Building and Housing was established in November 2004 to bring together functions and people working on similar issues but in different departments. The government felt this was a better way to deliver services and policy advice. This included the transfer of building and housing-related functions from the Ministry of Economic Development, Department of Internal Affairs, and Ministry of Social Development. The Department of Building and Housing is responsible for;

  • carrying out the work previously done by the Ministry of Housing;

  • managing the administration of the Weathertight Homes Resolution Services Act, 2002;

  • administration of the new Building Act (including absorbing the functions and employees of the Building Industry Authority) and the occupational licensing regulation associated with the building and housing sector.


Dates when key changes to the Building Act take effect   ñTop

From 30 November 2004

The Building Act 2004 has a staggered commencement that began on 30 November 2004, when the Department of Building and Housing took responsibility for the administration of building legislation.

Most of the major measures in the Act will be implemented over a longer timeframe.

On 30 November 2004

  • The Building Industry Authority (BIA) was dissolved

  • Housing-related policy advice and some administrative functions, performed by other government departments, were gradually transferred to the Department of Building and Housing:

    • 1 Dec 2004 - Retirement Villages (Ministry of Social Development);

    • 1 Feb 2005 - Housing standards work (HNZC);

    • 1 April 2005 - Weathertight Homes Resolution Service (Department of Internal Affairs);

    • 2006 - Fencing of Swimming Pools (Ministry of Economic Development);

    • 2006 - Electrical Workers Registration Board (Ministry of Economic Development);

    • Mandatory warranties to protect consumers took effect;

    • Restrictions to the sale of household units by property developers took effect;

    • Offence provisions came into force;

    • Territorial authorities became obliged to adopt a policy on dangerous, earthquake-prone and insanitary buildings before 30 May 2006.

From 31 March 2005

  • New Building Consent and inspection provisions including major changes to the building consent and inspection process, for example, Building Consents, Code Compliance Certificates, Certificates of Acceptance, and transition provisions.

By 30 November 2007

  • Building Code changes; through a Building Code Review, this includes making the Building Code more ‘user friendly’ and ensure that performance standards for buildings are clear and meet community expectations. These changes will take into account sustainable development.
     

  • Certification of building products: products can be certified as complying with the Building Code. Certificates will be issued by third party certification bodies. These bodies will be accredited themselves, by an accreditation agency appointed by the Chief Executive of the Department of Building and Housing.

30 November 2007

Building Consent Authorities need to be registered as Building Consent authorities to issue Building Consents, Code Compliance Certificates, Notices to Fix and Compliance Schedules. This includes councils and private building certifiers. Councils, private companies and individuals can register. Further information about this is available from the DBH website.

From 30 November 2009

A Licensed Building Practitioner will have to do, or supervise, any restricted work.  Further information about this is available from the DBH website.

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