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Cost-effective quality: next generation building control in New Zealand - Building Act Review discussion document [PDF 534 KB,  68 pages]

Published: 26 February 2010

Cost-effective quality: next generation building control in New Zealand — Building Act Review discussion document February 2010

Glossary

Term Definition
Acceptable Solution A prescriptive design solution comprising step-by-step instructions which, if followed, is deemed to comply with the Building Code. Acceptable Solutions and Verification Methods are contained in the Department of Building and Housing’s Compliance Documents, and often quote other documents such as New Zealand Standards. Designers and builders are not obliged to use Acceptable Solutions, and may put forward their own alternative solution proposal.
Alternative solution A design solution that differs totally or partially from Acceptable Solutions or Verification Methods in the Compliance Documents, yet complies with the performance requirements of the Building Code. These are ‘standalone’ solutions put forward and substantiated by the building consent applicant and considered and approved on their individual merits by a building consent authority.
Building Any temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machines or chattels).
Building Code The First Schedule to the Building Regulations 1992 that sets national, mandatory standards for building work. All building work in New Zealand must comply with the Building Code. The Code is performance-based and specifies how a building and its components must perform, as opposed to how the building must be designed and constructed.
Building consent Permission to do building work. Formal recognition that the work will comply with the Building Code if it’s done as described in the plans and specifications that accompany the building consent application. Granted by a building consent authority.
Building consent authority (BCA) An organisation that is authorised to issue building consents, undertake inspections during construction and issue code compliance certificates, notices to fix and compliance schedules. A BCA is a territorial authority, regional authority or private body that has been registered by the Department of Building and Housing after having been assessed and accredited by the Building Consent Accreditation Body. The BCA must have demonstrated that the necessary processes and systems are in place to meet the accreditation regulations/standards.
Building controls Regulation of the construction and use of buildings with the primary objective of safeguarding the health and safety of occupants. In New Zealand, these controls are largely set out in a two-part framework: the Building Act 2004 setting out the law on the construction, alteration, demolition and maintenance of buildings, and the Building Regulations containing the New Zealand Building Code.
Building official Person employed by a building consent authority who is responsible for carrying out building control functions. May also be known by other titles, such as building officer, consent or processing officer, field inspector.
Building Practitioners Board An independent board established by the Building Act 2004 that is responsible for approving rules, dealing with complaints and hearing appeals relating to licensed building practitioners.
Building warrant of fitness A statement signed by the building owner (or manager) stating that the requirements of the building’s compliance schedule have been fully met in the previous 12 months.
Building work Work for, or in connection with, the construction, alteration, demolition or removal of a building, including sitework.
Category 1 A Category 1 building is a detached or semi-detached residential dwelling of conventional timber-frame or masonry construction, and low- or medium-risk envelope design. Category descriptions are due to be amended to make them simpler.
Category 2 A Category 2 building is a building of moderate complexity, either commercial or less-conventional residential, with the highest occupied floor less than 10 metres above the exit (typically up to 3 floors) and limited occupant numbers. Category descriptions are due to be amended to make them simpler.
Category 3 A Category 3 building is a building considered to be of high complexity because of: the risk to occupants because of what the building is used for or the high number of occupants or the community importance or Historic Places Act rating. Category descriptions are due to be amended to make them simpler.
Compliance Documents Documents published by the Department of Building and Housing to help people comply with the Building Code that provide one way of establishing compliance with a particular clause of the Building Code. If followed correctly, Compliance Documents must in law be accepted by building consent authorities as demonstrating Code compliance.
Compliance schedule A schedule issued by the building consent authority listing the specified systems within a building (eg, sprinkler systems, lifts, smoke detectors). These systems ensure a building is safe and healthy for members of the public to enter, occupy or use. The compliance schedule for a building must identify which specified systems are present, the performance standards for those systems, and how those systems will be monitored and maintained, as well as inspections and reporting carried out to ensure they will continue to function.
Consumer A homeowner or other person purchasing building work or commissioning a new building.
Designer A broad term to describe people who design buildings. It may include engineers, architects, architectural designers, design technicians and draughtspeople. A designer is usually (but not always) qualified and trained to design and document building design. They may also be capable of coordinating and administering all aspects of building design and construction.
Determination A binding decision made by the Department of Building and Housing under the Building Act 2004. It provides a way of solving disputes or questions about the rules that apply to buildings, how buildings are used, building accessibility, health and safety.
Developer An organisation or individual who builds, or arranges the building of, a commercial or residential property to sell or rent, for the purpose of carrying on a business. Includes volume builders.
DIY (‘Do it yourself’) A term applied to work undertaken by building owners (generally residential) on their building or house.
Duty of care The legal obligation to adhere to a standard of reasonable care when performing any act that could foreseeably cause harm to others.
Exempt work Low-risk, minor work for which a building consent is not required. Exempt work is defined in Schedule 1 of the Building Act. Includes some repair and maintenance where like is replaced with like. Exempt building work must still comply with the Building Code.
Household unit Any building or group of buildings, or part of any building or group of buildings, used or intended to be used solely or principally for residential purposes, and occupied or intended to be occupied exclusively as the home or residence of not more than one household. This does not include a hostel or boarding house or other specialised accommodation.
Independent qualified person (IQP) A person (or organisation) approved by a territorial authority as qualified to inspect, maintain and report on certain specified systems. ‘Independent’ means that the person has no financial interest in the building.
Joint and several liability Joint and several liability means a plaintiff (claimant) may recover all the damages (financial compensation) from any of the defendants, regardless of their individual share of the liability.
Licensing Occupational licensing aims to ensure that people in the building industry who are responsible for the work done are competent and accountable, so that homes and buildings are designed and built right the first time.
Licensed Building Practitioner (LBP) Scheme A licensing system for the building industry was introduced by the Building Act 2004. It formally recognises the skills and experience of building practitioners, and the Government has agreed that from March 2012 only licensed building practitioners will be able to undertake restricted building work.
Licensed building practitioner (LBP) A building professional or tradesperson who is licensed under the Licensed Building Practitioners Scheme. This includes carpenters, roofers, bricklayers, blocklayers, plasterers, site supervisors and designers. Registered architects, engineers, plumbers and electricians are also considered to be licensed building practitioners.
Owner-builder A person who carries out building work on a property that they own and live in, or intend to live in.
Principal building contractor The company or individual with whom a consumer enters a residential building work contract. The principal building contractor could be a licensed building practitioner. For example, a builder who is not licensed, a volume builder or a developer.
Proportionate liability A plaintiff (claimant) may recover from a defendant only a proportion of the total damages (financial compensation) that, in the court’s assessment, that defendant’s behaviour has caused.
Quality assurance system A documented system describing the organisational structure, responsibilities, procedures, processes and resources for implementing quality management principles to achieve management goals and objectives (including statutory) within a business. This includes all activities that contribute to quality, directly or indirectly.
Residential building work contract A contract to carry out building work on a household unit, and/or to manage residential building work. It does not include contract relationships between the main contractor and subcontractors or other parties.
Restricted building work Building work that is defined in regulations as ‘restricted’. Necessary preconditions are that it requires a building consent and is critical to the integrity of the building (for example its envelope and structure) (section 7 of the Building Act 2004). Restricted building work will have to be carried out or supervised by a licensed building practitioner from March 2012.
Specified systems A system or feature in a building that contributes to the proper functioning of the building: for example, an automatic sprinkler system. It includes a cable car servicing a building (see full definition in section 7 of the Building Act 2004). The specified systems that must be inspected for building warrant of fitness purposes are listed in the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.
Standard A New Zealand Standard, Australia/New Zealand Standard or other international standard published by a standards organisation such as Standards New Zealand or Standards Australia.
Standards New Zealand The trading arm of the Standards Council, a Crown entity operating under the Standards Act 1988.
Subcontractor A tradesperson hired to do specific work such as roofing, plumbing, wiring or painting. The subcontractor takes instructions from, is paid by, and is responsible to the main contractor
Surety A surety is a person or organisation who agrees to be responsible for the debt or obligation of another. In this context, a surety is a person or organisation who agrees to be responsible for the obligation of the building contractor to perform warranty service.
Territorial authority City or district council (as named in Schedule 2, Part 2 of the Local Government Act 2002) responsible for community wellbeing and development, environmental health and safety (including building control, civil defence, and environmental health matters), infrastructure (roading and transport, sewerage, water/stormwater), recreation and culture, and resource management including land use planning and development control.
Volume builder A company or individual who builds multiple homes using the same, or similar, designs on sites across the country.
Warranty A guarantee or written assurance that a product or service will be provided or will meet certain specifications, and often provides a specific remedy if the product or service fails to meet the warranty. In this context, a warranty is a guarantee from the building contractor about the quality of the building work and states the conditions under which no-cost repairs will be made.