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*ARCHIVE* - BIA Update 38 - Building Act 2004: A better future for building 3 Sep 2004

From 30 November 2004 the building industry will be governed by new legislation, the Building Act 2004.

The legislation was assented by the Governor-General on 24 August 2004.

The Building Act 2004 will replace the Building Act 1991.

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

That means: 

  • more clarity on the standards we expect buildings to meet
  • more guidance on how those standards can be met
  • more certainty that capable people are undertaking building design, construction and inspection
  • more scrutiny in the building consent and inspection process
  • better protection for homeowners through the introduction of mandatory warranties.

Responsibility for administration of the new Act will sit with the newly established Department of Building and Housing. On 30 November 2004 the BIA will be dissolved, and its functions will transfer to the new department.

The Department of Building and Housing brings together a number of building-related functions from the Ministry of Economic Development, Department of Internal Affairs, and Ministry of Social Development. It will provide a one-stop shop for building and housing policy and regulation, strengthening co-ordination and oversight.

Implementation and timings

A number of provisions, particularly those relating to the powers of the new department, will come into effect on 30 November 2004. Others will be phased in over a period of time.

Subject to the above, the 1991 Act will remain in force until 31 March 2005 when the provisions of the 2004 Act relating to the building consent process come into effect. Work consented from this date will be completed under the provisions of the new legislation.

However, all building work issued with a building consent under the 1991 Act will be completed in accordance with the 1991 Act, including the issuing of a code compliance certificate, with one important exception. After 31 March 2005, a code compliance certificate for work consented to under the 1991 Act may be issued only if the territorial authority is satisfied that the building work concerned complies with the Building Code that applied at the time the building consent was granted.

Some provisions in the new Act will be implemented over the next three to five years. These include the review of the Building Code, the introduction of building practitioner licensing, and the registration and accreditation of Building Consent Authorities.

Further information

Building Act 2004: A new periodic publication, Building Performance - Newsline, has been developed to communicate the implementation of the new Act. The first issue is being sent out with the August issue of BIA News. It will be available shortly as a PDF file on the new Builder Licensing website:

The Act itself will shortly be available for purchase from Bennetts Bookshops.

Department of Building and Housing: See BIA Update 31 for further information on the new department.