How do I make a complaint about a Building Consent Authority?
In most cases the building control unit in your local council will be your building consent authority.
If you have a problem or concern about any building control services, you should first talk to the building consent authority that provided the services. All building consent authorities have a complaints procedure. Ask them for a copy.
If you have complained to the building consent authority and the matter has not been resolved then you can discuss the issue with staff at the Department of Building and Housing. You may be able to make a complaint under section 200 of the Building Act 2004.
The following links provide more information:
- What complaints are investigated?
- What complaints are not investigated?
- What processes ensure a building consent authority performs its duties properly?
- Can I resolve the problem myself?
- How can the Department help?
- What is the complaints process?
- What outcome can I expect?
- How long will it take to resolve my complaint?
- How will I be kept informed?
- What should I do before making a complaint?
- When can I make a complaint?
- Who do I make a complaint to?
- How do I make a complaint?
- What information do I need to provide?
- Do I have to pay to make a complaint?
- Where can I get more information about making a complaint?
- What can I do if I am not happy with the outcome?
2.1 General questions and answers
Which complaints are investigated by the Department of Building and Housing?
Under the Building Act 2004, the Department can only investigate complaints if the complaint is about:
- A building consent authority not properly performing its statutory functions under parts 2 and 3 of the Building Act without good reason; or
- A building consent authority acting negligently in performing statutory functions.
It means that the Department can generally only investigate complaints about a building consent authority’s performance relating to the following:
- Establishing compliance with the Building Code
- Assessing, processing, and granting building consents
- Issuing documents such as code compliance certificates, compliance schedules, and notices to fix
- Conducting inspections of building work
- Providing building consent applications to and receiving advice from the New Zealand Fire Service Commission
- Administering the building levy.
Which complaints about building consent authorities are not investigated by the Department of Building and Housing?
The Department does not investigate complaints that do not relate to functions of building consent authorities.
If your complaint is about something else, you should discuss it with the right agency:
| If your complaint or dispute is about… |
Talk to… |
| customer service-related issues |
the building consent authority or agency directly responsible |
| a licensed building practitioner |
the Building Practitioners’ Board |
| a technical building compliance issue associated with your building consent work |
the Department’s Determinations Team |
| a territorial authority function under the Building Act |
the relevant part of the territorial authority/council. |
What other processes ensure a building consent authority performs its duties properly?
Accreditation and registration
The Building Consent Authority accreditation and registration system is designed to strengthen the regulatory building control system at building consent, inspection, and approval stages of the building process (the functions undertaken by building consent authorities). It aims to ensure that those authorities’ responsible for checking building work complaince have the capacity and capability to undertake their regulatory functions to the standards required by the Building Act.
International Accreditation New Zealand assesses building consent authorities. These assessments may be a full technical reassessment audit of all building control operations against the Building (Accreditation as Building Consent Authorities) Regulations 2007 or a special assessment audit conducted under these regulations.
Accreditation and registration pages
Technical review
Technical reviews are carried out by the Department of Building and Housing under powers provided by sections 276 and 204(1)(a) of the Building Act. A technical review is a review of whether an authority is properly performing its functions and exercising its powers under the Act. Reviews help to:
- monitor authority performance
- enhance the performance of building control activities
- communicate appropriate systems and processes for building control operations
- ensure authorities fulfil their obligations under the Building Act and Regulations.
Technical reviews also examine whether authorities have appropriate operational systems and resources to perform building control work effectively and efficiently.
Technical review pages
Determinations
When you cannot agree with your council, a determination can help you solve the problem. A determination is usually the most appropriate way to resolve a dispute about an interpretation of the Building Code or Building Act by an authority.
A determination is a binding decision made by the Department of Building and Housing. It provides a way of solving disputes or questions about the rules that apply to buildings, how buildings are used, and building compliance issues such as accessibility, and health and safety, fire, weathertightness etc.
Determinations pages
2.2 The disputes resolution process - questions and answers
Can I resolve the problem myself?
You should attempt to resolve matters before making a complaint to the Department. An early and informal resolution can save time, stress, and money.
All building consent authorities have a complaints procedure, which should be followed in the first instance.
How can the Department help to resolve my complaint?
If you have complained to the building consent authority and the matter has not been resolved then you can discuss the issue with staff at the Department of Building and Housing. You may be able to make a complaint under section 200 of the Building Act 2004.
Under section 200 of the Act, the Department of Building and Housing can receive and investigate complaints that a building consent authority has failed, or is failing, to properly perform its statutory functions (without good reason) or has negligently performed its functions.
What is the complaints process?
Once the Department has received your complaint in writing, it will write to tell you that it has received the complaint and that it has begun to assess it.
At this stage, the Department may decide to:
- Forward your complaint to another agency with responsibility for the area about which you are making a complaint (including the building consent authority in question)
- Decline the complaint because it does not cover the kinds of issues that the Department can investigate (eg, see section 200 of the Act)
- Commence preliminary inquiries into your complaint.
Once the Department receives your complaint, it will inform the building consent authority in writing of the complaint, and provide a copy of your complaint and all relevant documents. To ensure that the Department can properly enquire into the complaint, it will usually request a copy of the relevant files and information from the building consent authority before making a preliminary inquiry followed by a decision to accept or decline the complaint.
Preliminary inquiries undertaken by the Department are almost always document based and do not involved conducting interviews with the complainant or building consent authority staff. This approach allows efficient use of department resources and ensures that decisions are based on documented evidence.
If the complaint is accepted then the Department will proceed to investigate the matter, under powers provided by section 201 of the Act. An investigation is conducted under procedures specified in section 202 of the Act. Section 202 requires the Department to inform the building consent authority that there is reason to believe grounds exist entitling the Chief Executive of the Department to exercise disciplinary powers under section 203; and to provide particulars that will clearly inform the building consent authority of the grounds. The building consent authority must then be given a reasonable opportunity to make written submissions on the matter and the Department must consider those submissions (if any).
A flow chart of the complaints process is available here
What can I expect as an outcome?
Possible outcomes could include:
- Your complaint is referred to the agency best placed to respond to the concerns that you are raising
- Your complaint is upheld and agreement about a satisfactory outcome is negotiated between you, or the Department of Building and Housing and the building consent authority concerned.
- Your complaint is upheld and the building consent authority makes the necessary performance improvements to avoid the situation happening again.
- Your compliant is referred to the Department’s determinations process and resolved through this function.
- Your complaint is upheld and additional monitoring is placed on the building consent authority, such as a technical review by the Department or accreditation assessment by International Accreditation New Zealand
- Your complaint is not be accepted, substantiated, or is considered to be frivolous or vexatious and declined.
How long will it take to resolve my complaint?
The length of time to resolve your complaint depends on the nature of your complaint, actions already taken to try to resolve it, and the time each party takes to respond to the Department of Building and Housing’s enquiries. Some complaints take only a matter of weeks to resolve but if we need to work with others to resolve your complaint it may take longer.
Will I be kept informed of the progress made to resolve my complaint?
Yes.
2.3 How to lodge a complaint - questions and answers
What should I do before making a complaint?
You should attempt to resolve matters before making a complaint to the Department. All building consent authorities have a complaints procedure, which should be followed in the first instance.
When can I make a complaint?
You can make a complaint at any time; however, you should take steps to try and resolve matters with the building consent authority before approaching the Department.
Who do I make a complaint to?
If you have complained to the building consent authority and the matter has not been resolved then you can discuss the issue with staff at the Department of Building and Housing. You may be able to make a complaint under section 200 of the Building Act 2004. You should contact:
Consent Authority Capability and Performance Group
Department of Building and Housing
PO Box 10 729
Wellington.
How do I make a complaint?
Complaints should be made in writing on the Department’s complaint form about the performance of statutory functions by building consent authorities. A copy of this form is available here.
What information do I need to provide?
When completing an application form, it is very important that you are clear about:
- the performance of which building consent authority function/s you are unhappy with;
- what it is you are complaining about (eg, who, what, when, where, etc.);
- the parties involved in the complaint and their contact details (including who you have been dealing with at the building consent authority);
- your contact details;
- what steps you have taken to try and resolve the issue (including all relevant conversations, letters, or other relevant records);
- what outcome(s) you would like to see as part of the resolution; and
- any other information that you think will help to explain your circumstances.
Do I have to pay to make a complaint?
No.
Where can I get more information about making a complaint?
For more information on making a complaint about a building consent authority’s performance of a statutory function please contact the building consent authority in question in the first instance.
To discuss your complaint with the Department of Building and Housing before submitting a formal complaint, you can contact the Consent Authority Capability and Performance Group on 0800 242 243 or at info@dbh.govt.nz.
What can I do if I am not happy with the outcome?
We will do our best to ensure that you are satisfied with the outcome of your complaint investigation; however, if you are not satisfied, there are other organisations that you may choose to contact such as the Office of the Ombudsmen.
Further information and contacts may be found on the New Zealand Government website portal, http://newzealand.govt.nz.
