Project information memoranda —Frequently asked questions
What should a territorial authority do with applications for PIMs made under the 1991 Act that are still being processed?
The territorial authority must treat these applications as if they were made under the Building Act 2004. Therefore, the new deadlines in relation to that application apply instead of those in the Building Act 1991 and the Building Regulations 1992, and additional information may need to be provided.
Do PIMs have to be issued if a building consent has been applied for?
Section 31(1)(a) of the Act provides that a building consent authority must apply to a territorial authority for a PIM when an application is made to it, unless the building consent authority is the territorial authority, in which case it must issue the PIM itself (section 31(2)(a) of the Act).
Do territorial authorities that are building consent authorities have to apply for a PIM from themselves?
No, but they must issue the PIM for the building work and provide a copy to the owner.
Do building consent authorities have to apply for a PIM, even if a PIM is provided by the applicant?
No, refer to section 31(2)(b).
Can an owner apply to a territorial authority for a PIM before applying for a building consent?
Yes, refer to section 32(2) of the Act. If the owner has the required information, an application for a PIM may be made. When applying for a building consent the owner must provide a copy of the PIM with that application (section 45(1)(f), (i) of the Act).
Why is it not mandatory to obtain a PIM prior to applying for a building consent?
An owner can apply for a PIM prior to applying for a building consent if they wish, as it may provide information that is relevant to working out the best design for the building work. However, an owner is not required to obtain a PIM at this stage. The PIM must be applied for when the building consent application is received.
In what section of the Act does it allow for a PIM to be used for another project?
There is nothing specific in the Act about this. The PIM in each case relates to the land and building for which the building work is contemplated. Where the building work and land are the same, the territorial authority should be able to re-use the same PIM, although it should check that the information is still appropriate and that there is no further information that should be included on the PIM.
Does a PIM have an expiry date, as in the Building Act 1991?
No.
Why is there not a prescribed form for issuing the PIM?
The Act does not require a PIM to be issued on a form prescribed by regulations.
If a PIM is issued and changes have occurred that affect the PIM, does the territorial authority have to issue a new one?
The PIM must contain information known by the territorial authority at the time it is issued that may have some effect on the project. If there is a change, for example, to the district plan after the issue of the PIM, there is no requirement to re-issue the PIM. If the PIM is provided with a building consent application at a later date, it would be prudent for the building consent authority to ensure it is still relevant to the new project. If a considerable time has elapsed, the building consent authority might ask the applicant to obtain a more up-to-date PIM.
How long must a PIM be held on the property file?
For the life of the building.
Why is the Department recommending that information about section 363 relating to buildings intended for public use affected by building work be placed in PIMs?
People should be informed about section 363 as it is likely to have an impact on the way that building work is undertaken. Putting information in a PIM ensures people are aware of section 363 from the beginning of the process. (NB This is a suggestion only.)