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BC Update: No.8 - New building regulations gazetted

4 Mar 2005: New building regulations have been gazetted and will take effect from 31 March 2005 – the same date as the associated sections of the Building Act 2004.

The regulations will be of interest to local authorities, building designers, property managers, independent qualified practitioners, insurers and building owners.

The Department advises these groups to familiarise themselves with these important new regulations.

The Building (Specified System, Change the Use, and Earthquake-prone Buildings) Regulations 2005 outlines and defines the following terms:

  • Specified systems - the building systems that must be listed on compliance schedules and are subject to specific inspection and maintenance standards.
  • Change the use – to determine when a change in a building’s use will require upgrading to certain systems and elements within the building.
  • Moderate earthquake – to determine whether or not a building is earthquake-prone.

In regard to the list of specified systems, the new list closely resembles that given in the Building Act 1991. However, there are some significant differences.

These regulations were developed through a public consultation process in late 2004.

A second regulation, Building (Forms) Amendment Regulations 2005 relates to standard forms used under the Building Act. A new form has been prescribed, (Form 12A: Certificate of compliance with inspection, maintenance and reporting procedures) for completion by licensed building practitioners who inspect, maintain or monitor specified systems listed on compliance schedules.

Although the licensing regime for building practitioners is not yet in place, the Building Act provides for independent qualified persons (IQPs) to complete this work for compliance schedules issued prior to 31 March, until the licensing system is established. Guidance has been provided to local authorities regarding compliance schedules issued from 31 March (under the Building Act 2004).

This regulation also corrects minor drafting errors contained in forms that were approved in November 2004. The Department will update these forms and advise local authorities of the corrections as soon as possible.

Copies of the regulations can be purchased from Bennetts Government Bookshops or Legislation Direct. Alternatively, they can be viewed on the Department's Building Act 2004 website.