Consulting on the Building Act

Consultation closed: 23 April 2010

Cost-effective quality: next generation building control

To make it easier and cheaper for New Zealanders to build good quality homes and buildings, without compromising quality, we are undertaking a review of the Building Act 2004.

The Building Act governs the building control system – the way we check that buildings are constructed to be safe and meet essential requirements. The first phase of the review found there have been much-needed improvements in the quality of building work since the Act was introduced in 2004, but the current system is more costly than necessary and less efficient and effective than it could be.

The second phase of the review was to consult on proposed options for reform, set out in the discussion document Cost-effective quality: next generation building control in New Zealand. This phase ended on 23 April. Decisions arising from the review are due to be announced mid-2010.

The proposals for consultation were:

Moving to a more balanced building consent system

• lowest risk building work (such as a basic shed or a low deck) would not need a consent
  
• low risk building work (such as a simple, one-story house) would go through a quicker, simpler consenting process with fewer council inspections and more reliance on the skills of licensed building practitioners to get it right first time
  
• high risk, more complex houses would continue to go through the current approval and inspection process
  
• complex, major commercial building work would go through a simpler process than it currently does, recognising the experience and skills of those involved and that commercial contracts for major projects include quality control.

Rebalancing responsibility

• Building professionals and tradespeople would take more responsibility for making sure their work meets Building Code requirements. Licensing of building practitioners will identify those with the relevant skills.

Better tools for consumers

• Better equip homeowners to hold building contractors to account, with more information and mandatory written contracts setting out what’s expected, how any faults would be fixed, how disputes would be resolved and details of financial backing (surety).

Other improvements

• Make sure the fundamental elements of the system – the Building Code and the purpose and principles of the Building Act – are clear.
  
• Explore ways of making the administration of the system more cost-effective.
  
• Simplify processes to review the fire safety of building plans and the inspection and maintenance of essential systems such as fire sprinklers and lifts.
  
• Examine whether the building consent system is the best way to regulate public infrastructure works such as bridges and tunnels.

More information

Read the media release from the Minister for Building and Construction

Download the Building Act Review: proposals for reform Cabinet paper - considered by Cabinet on 15 February 2009 [PDF 135 KB, 32 pages]

Building Act review discussion document questions and answers [PDF 39 KB, 3 pages]