Project information memoranda (PIMs)

The PIM provisions of the Building Act 2004 came into force on 31 March 2005.

A project information memorandum (PIM) provides information about land and about the requirements of other Acts that might be relevant to proposed building work. A territorial authority issues a PIM.

A PIM is expected to have a more important role under the Building Act 2004 than it did previously, and there are some important new requirements to be aware of.

• The PIM must be issued within 20 working days of receiving an application.
• A PIM can be reissued where a territorial authority considers that an error or omission has occurred within the original processing timeframe.
• A PIM must notify the requirement to obtain an evacuation scheme under the Fire Service Act 1975, where necessary.
• A PIM must now include a statement that the New Zealand Historic Places Trust has been notified (where applicable).
• A territorial authority may attach a development contribution notice to a PIM.
• A certificate noting Resource Management Act requirements must be attached to the PIM. (This was required to be attached to the building consent under the Building Act 1991, not the PIM.)

The previous requirements for PIM content continue to apply, and include:

• heritage status and special features (eg, natural hazards)
• relevant information from other Acts that has been notified to the territorial authority
• stormwater and wastewater utility systems
• details relevant to a network utility operator (eg, vehicle access).

Location in Building Act 1991	Location in Building Act 2004	Description
Part V - Building work and use of buildings Project ifnormatin memoranda	Part 2 - Building Subpart 3 - Building work Project information memeoranda and building consents	Sections 30 and 31 of the building Act 1991 - project information mememoranda are largely equivalent to sections 31 - 39 of the Building Act 2004.

Application for a PIM

When the application should be made

An owner can apply to a territorial authority for a PIM at any time if they are considering carrying out building work where a building consent is required. Whenever a building consent authority (that is not a territorial authority) receives a building consent application, it must apply for a PIM to the relevant territorial authority (unless a PIM for the relevant building work has already been obtained by the owner).

Who the application should be made to

An application for a PIM must be made to a territorial authority for the district in which the proposed building work is to be located.

What the application must include

This application must be on Form 2 from the Building (Forms) Regulations 2004. It must include generic information as well as the following.

• Details of the location of building work
• Description of building work
• Change of use (if applicable)
• Estimated value of building work
• Previous consents issued for the project, if applicable
• Subdivision details

The Building Act 2004 requires this form to be accompanied by:

• a charge fixed by the territorial authority
• any information the territorial authority reasonably requires in relation to authorisations or requirements in respect of:
  • the intended use of the proposed building
  • the location and external dimensions of the proposed building
  • provisions to be made for vehicle access in buildings over or adjacent to any road or public place, and for disposing of stormwater and wastewater
  • precautions to be taken if building work is carried out over any existing drains or sewers or in close proximity to wells or water mains
• any other information the territorial authority requires in respect of proposed connections to public utilities from the proposed building work.

Note: The application must include sufficient information to determine resource management issues. This would include contours, sunlight access planes etc.

Processing a PIM application

Processing time

The territorial authority must issue the PIM within 20 working days of receiving the application.

There are two types of information that a territorial authority can request if it requires further information. The time period requirements are different for each type of information.

• Within 10 working days of receiving the application, requests can be made for further information from the applicant in relation to authorisations or requirements (intended use, location and dimensions, vehicle access and roading, stormwater and wastewater disposal, proximity to drains etc).
• Within the 20-working-day period, the territorial authority can also request information about proposed connections to public utilities.

Where any of the information above is requested, the 20-working-day period is then suspended until the territorial authority receives the information. The PIM must be issued within 10 working days after the information is received.

Note: If a request for further information is made within the first 10 days after receiving the application, the total consideration time for the territorial authority will be reduced from the 20 days.

Matters for consideration

The territorial authority must advise the New Zealand Historic Places Trust within 5 days (not 5 working days) of receiving a PIM application that affects a registered historic place, historic area, waahi tapu or waahi tapu area. This only applies where a PIM has not previously been issued for the building work.

Recommendations

It will be to the territorial authority’s advantage to process the PIM application within the first 10 working days for two reasons.

• Requirements for further information can be identified early, and requests made within the 10-day period.
• Prompt PIM processing will assist the building consent issuing process.

Issuing a PIM

Who can issue

Only a territorial authority for the district in which the proposed building work is to be situated can issue a PIM. Once a building consent authority has received a PIM from a territorial authority, it must provide a copy to the owner.

When to issue

The PIM must be issued within 20 working days from the date of receiving the application, or within 10 days after any further information has been received.

Content

The PIM must include all the information likely to be relevant to the proposed building work that was formerly required under the Building Act 1991, including:

• information identifying each special feature of the land concerned (if any)
• information that, in terms of any other Act, has been notified to the territorial authority by a statutory authority
• details of existing stormwater or wastewater utility systems on, or adjacent to, the site of the proposed building work
• details of authorisations (including requirements to be met and conditions) in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator, is authorised to refuse or require under any other Act
• either confirmation that the building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained OR notification that building work may not be carried out because any necessary authorisation has been refused, despite the issue of any building consent
• if the PIM relates to the construction of a building on land composed of two or more allotments, the statement referred to in section 75(2)

plus, where applicable:

• information regarding the heritage status of the building
• a statement, if the building is of historic nature, that the New Zealand Historic Places Trust will be (or has been) notified
• if the owner of the building is likely to be required to make provision for an evacuation scheme under section 21A of the Fire Service Act 1975, a statement to that effect
• a notice under section 36 advising that a development contribution under the Local Government Act 2002 will need to be paid before a code compliance certificate can be issued
• a certificate under section 37 stating that building work may not proceed until a resource consent has been obtained, or may only proceed to the extent stated in the certificate (under the Building Act 1991 this certificate was attached to a building consent not a PIM).

Matters for consideration

In some cases, a PIM for a building site might already exist (for example, where multiple units are to be constructed). If the territorial authority considers the existing PIM contains an error or omission, or the territorial authority receives any information that affects the existing PIM, the territorial authority may reissue a PIM within the periods outlined. If the territorial authority has an agreement with a network utility operator to act as their agent (section 35(1)(d)), any relevant information must be disclosed.

Considerations for implementation

• Is there a process in place to check the PIM application against the requirements of the District Plan?
• Is there a process in place to check whether the proposed building work comes into a category that might require an evacuation scheme under the Fire Safety and Evacuation of Buildings Regulations 1992?
• Is there a process in place to link development contributions to the PIM process?
• Is there a standard note added to the PIM template reminding the applicant of the section 363 offence to permit the use of public premises affected by building work that has no building consent, certificate for public use or code compliance certificate?