1 Building consent exemptions
- Home owners
- Building consent authorities
- Territorial authorities (granting exemptions for minor work)
- Building practitioners, including plumbers
- NUOs (eg, Transpower)
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36, 91 |
177(c), Schedule 1 |
The following building work now requires a building consent:
- the ‘repair or replacement’ (other than maintenance) of building materials that have failed durability standards in the Building Code (ie, failure within 5, 15 or 50 years) . Eg, a building consent is required for re-cladding a ‘leaky home’ or replacing a leaking roof - but not normal maintenance, such as replacing putty around windows
- replacement of a specified system (e.g. an air conditioning system)
- replacement of building materials that contribute to the building’s structural behaviour or fire-safety properties (eg. a load bearing wall)
- repair or replacement’ of a hot water cylinder that is connected to an auxiliary heating source (such as a log burner or solar panel) where the cylinder is not ‘open-vented’ (e.g. the cylinder uses a valve to release pressure rather than allowing water to escape through a pipe)
The following building work does not require a building consent:
- temporary access points in non-NUO drainage systems
- motorway signs, stopbanks, certain culverts and similar simple structures owned or controlled by a NUO or similar organisation
- small dams (i.e. dams retaining less than 3m depth and 20,000 cubic litres volume)
- Clarify that the jurisdiction for determinations includes decisions by territorial authorities to grant or refuse a building consent exemption under paragraph (k) of Schedule 1
See more detail in the April 2008 issue of Codewords
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Topic
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Sections of 2008 Amendment Act |
Relevant sections of Building Act 2004 |
Nature of amendments |
| 2 Licensing of building practitioners
Restricted building work
- home owners/ website users (selecting a building practitioner), DIY-ers
- building practitioners
- building consent authorities
- territorial and regional authorities (information keeping)
- Building Practitioners Board
- LBP Registrar
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4, 6, 11, 15-19, 40, 55, 72, 80, 83, 87, 88, 89, 90
See also technical corrections below
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2(3), 7 (definition of “restricted building work”), 45(2)-(4), 84 – 86, 88, 92(2A), 216- 218, new 282A, 317(1), 300(3), new 330(2)(a), 402(1)(d) and (n), 405, 416(1)(g)
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- Extend proposed commencement date for “restricted building work” from 2009 to 30 November 2010 (at the earliest)
- Amend definition of “restricted building work” (which will be defined in a future Order-in-Council) as basis of what building work will require a LBP to carry out or supervise the building work – clarify the intended scope of “restricted building work” is building work that will be critical to the integrity of a building (eg, its envelope and structure); and it will not include building work that does not require a building consent
- Set out the purposes of licensing
- Replace references to a ‘certificate’ with an information ‘memorandum’, which must be provided with a building consent application identifying any restricted building work, and on completion of the restricted building work
- remove the requirement for LBPs to certify that any restricted building work complies with the building consent
- Expand discretionary powers of the LBP Registrar to withhold information on the register from public view if necessary or practical, eg, date or birth or residential address of a practitioner (to address any personal safety or privacy concerns)
- Add new grounds of discipline for LBPs – for failure to provide memoranda with a building consent application or on completion of restricted building work without good reason; and holding oneself to be licensed for restricted building work that an LBP is not licensed to carry out or supervise
- Add a further right of appeal to the District Court from a decision of the Building Practitioners Board on an appeal from a decision of the Registrar
- See more detail in the April 2008 issue of Codewords
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Topic
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Sections of 2008 Amendment Act |
Relevant sections of Building Act 2004 |
Nature of amendments |
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3 Dams
- owners of small and large dams
- regional authorities
- accredited dam owners
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6, 28 – 33, 87, 91
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7 (definition of “dam” and “large dam”), new 134A, 146(2), new 150A, 153(b)(c), new 153A, 161, new 402(1)(qa) and (qb), new Schedule 1 (da)
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- Include small dams within the definition of ‘dams’ under bring them under regional authority jurisdiction
- exempt all small dams from building consent requirements
- Clarify the dam safety scheme applies to large dams only (ie, dams that are roughly the size of a rugby field filled with water up to the level of the goalpost cross-bars)
- Introduce lower-risk categories of ‘earthquake-prone’ or ‘flood-prone’ dam (these categories will be defined in future regulations), and require them to be included in regional authorities’ “dangerous dam” policies
- Add a new power for the regional authority to require a dam safety assurance programme to be reviewed in respect of earthquake-prone or flood-prone dams
- Remove annual compliance certificate and independent audit requirements for accredited dam owners
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4 Product certification
- JAS-ANZ
- Chief executive of the Department of Building and Housing
- Applicants seeking accreditation as Product Certification Bodies
- Applicants seeking product certification
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7, 50 – 53, 87
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New sections 266, 267, 271, 272(1), 272(2)(b), 402(1)(w)
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- Provide that fees in any future regulations may be fixed, or calculated with a rate or method, (eg, an hourly rate) in future regulations for payment of accreditation fees (this enables JAS-ANZ to be appointed the Product Certification Accreditation Body (‘PCAB’) for New Zealand and for the product certification scheme to commence)
- To make the proposed product certification scheme consistent with the proposed joint trans-Tasman scheme, add a power of suspension which may be exercised by the PCAB or the Department of Building and Housing (‘DBH’) against a product certification body (‘PCB’), and by a PCB or DBH against a product certificate
- Add requirement that the PCAB and PCB must notify DBH of any suspension or lifting of a suspension
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Sections of 2008 Amendment Act |
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5 Accreditation fees
- accreditation bodies, eg, IANZ, JAS-ANZ
- building consent authorities, product certification bodies, dam owners (future payers of accreditation bodies)
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6, 43, 44, 46, 87
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7 (definition of “prescribed fee”), 250, 253, 258, 402(1)(w)
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- Provide that fees in any future regulations may be fixed, or calculated with a rate or method, eg, an hourly rate (this does not affect existing fees regulations in any way)
- Remove the requirement that all fees must be paid at the same time as the application for accreditation
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Topic
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Sections of 2008 Amendment Act |
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6 Network utility operators
- eg, Transpower, Telecom
- territorial authorities/ building consent authorities
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7, 91
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9(a), Schedule 1
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- Add pylons, free-standing communication towers, power poles and telephone poles (that form part of a network utility owner’s system) to the list of structures that are not “buildings” and therefore do not need a building consent and are not subject to the building code.
See also ‘building consent exemptions’ above:
- Exempt from the need for a building consent - motorway signs, stopbanks, certain culverts and similar simple structures owned or controlled by a NUO or similar organisation
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Topic
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Sections of 2008 Amendment Act |
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7 Compliance schedules and building warrants of fitness
- owners of buildings
- independently qualified persons (IQPs)
- territorial authorities/building consent authorities
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22, 24, 25, 90 |
103(1)(c), new section 108(5)(aa), 110(a), 438(2)(4) and (5)
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- allow “other persons” (than an IQP) to carry out, and sign reports on, the inspection, maintenance and reporting procedures stated on a compliance schedule for specified systems in a building - this will allow simple procedures such as non-technical “daily checks” to be carried out by a building owner or their staff
- still require IQPs to sign off the Form 12A certificates
- Delay commencement of IQP approval one year until 30 November 2010
- provide an offence to match the existing requirement for an owner to supply an annual building warrant of fitness to the territorial authority
- See more detail in the April 2008 issue of Codewords
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Topic
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Sections of 2008 Amendment Act |
Relevant sections of Building Act 2004 |
Nature of amendments |
8 Reasons in writing (CCC, COA)
- building consent authorities or territorial authorities
- applicants for code compliance certificates and certificates of acceptance
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20, 21, 94-95 |
New section 95A
New section 99A
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BCAs or TAs must now give applicants reasons in writing for refusing:
- an application for a code compliance certificate
- an application for a certificate of acceptance
(This is consistent with the existing procedure for refusing a building consent application.)
However the three month transitional provision means that these requirements will not apply to applications made prior to 15 March 2008 provided that the BCA or TA makes its decision by 15 June 2008.
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9 Notice to fix – safe building site
- territorial authorities
- owners of unsafe building sites
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34
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165(1)(f)
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Adds a requirement to make a building site safe before ceasing work, if a ‘notice to fix’ is issued
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| 10 Accessibility – PIMs
Disability
- territorial authorities
- people with disabilities
- designers of proposed ‘public use’ buildings
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10, 93
Technical:
5, 12, 27
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35
4(2)(k), 69(1)(b), 120
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- From 15 September 2008, TAs must include a general statement about the Building Act’s accessibility requirements on all PIMs for proposed ‘public use’ buildings (as described in Schedule 2 of the Act, buildings which require provision of access and facilities for persons with disabilities)
Technical amendments:
- Consistent references to ‘persons’ with disabilities
- Clarify international symbol[s] of access (to allow for display of the symbols for wheelchair access, assistive listening devices, and any other related symbols in the future)
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Topic
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Sections of 2008 Amendment Act |
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11A Technical corrections – LBP related
- building practitioners
- building consent authorities
- home owners / website users (selecting a building practitioner), DIY-ers
- Building Practitioners Board
- LBP Registrar
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15-19, 22, 25, 40, 54 – 69, 71 – 79, 80 - 85 |
84, 85(1), 85(1A), 86(1)(b)(ii), 88(1), 88(4), new section 92(2A), 103(1)(c), 110(a), 216 – 218, 282(a), new heading and section 282A, heading and 285, 287 – 297 and headings, 298(1), 299, 301 – 303, 311, 313, 314, 316, 317(1)(c), 318, 319, 330, 348, 353, 402(1)(d) and new (na)
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Over 35 provisions (one third) of the Act contain technical corrections to the drafting of the LBP provisions in the Building Act 2004.
Topics include:
- adjusting the statutory language around the licensing of building practitioners, eg:
- replace “authorised” with “licensed”
- replace references to having “a licence” with “being licensed”, “licensing” or “licensed status”
- replace references to “certify/certificate given” with “memorandum provided”
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Topic
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Sections of 2008 Amendment Act |
Relevant sections of Building Act 2004 |
Nature of amendments |
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11B Technical corrections – general/ other
- general audience
- building consent authorities, territorial authorities, regional authorities, private building consent authorities
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5, 6, 8, 9, 13, 14, 23, 26, 35, 36 – 39, 41 – 49, 70, 86, 87, 88, 91, 92
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4(2)(k), 7 (definitions of “consideration”, “estimated value”, “owner”, and prescribed fee”), 14, 25A, 72, 73(1), new section 104A, 113(1),
166, 177(f), heading above s 191, 198(1), 208(1), heading for Part 3 (subpart 3), 237, new section 249A, 250, 253, new section 257A, 258(1), 258(3)(c), new section 262A, 263, 265(c), 298(1), 381(1)(a), new 402(ta), 405, Schedule 1(d)
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Over 25 provisions in the Act contain technical corrections to the drafting of a wide range of provisions in the Building Act 2004.
Topics include:
- correcting various cross-references to regional authority, TA and BCA roles under the Act, eg, clarifying that private BCAs do not have jurisdiction over dams
- correcting typographical or minor errors, eg, replacing “50 years or less” with “less than 50 years” (buildings with specified intended lives)
- correcting cross-references between section numbers in the Building Act 2004
- re-arranging drafting for requirements to pay accreditation body fees, and clarifying accreditation bodies have an express authority to charge audit fees
- simplifying the format requirements for electronic compliance documents that must be published on DBH’s website
- clarifying that the definition of ‘estimated value’ of building work is and always was intended to be calculated as a GST-inclusive amount (ie, maintain the status quo since 1991, regarding to calculate the building levy).
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