The Building Act 2004

The Building Act 2004, as amended in April 2005, aims to improve the control of, and encourage better practices in, building design and construction. It regulates constructing, altering, demolishing and maintaining new and existing buildings throughout New Zealand. It sets standards and provides procedures for people involved in building work to ensure buildings are built properly the first time.

The Act aims to achieve more:

• clarity on the standards we expect buildings to meet
• guidance on how those standards can be met
• certainty that capable people are undertaking building design, construction and inspection
• scrutiny in the building consent and inspection processes
• protection for homeowners by introducing mandatory warranties.

Some measures in the new legislation are being implemented over 3 to 5 years, others came into effect on 30 November 2004 and on 31 March 2005. Implementing the Building Act remains a major priority for the Department, which will continue to work closely and collaboratively with building consent authorities (as co-regulators) and the building industry to develop an effective regulatory system.

Purpose

The purpose of the Act is to provide for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings to ensure that:

• people who use buildings can do so safely and without endangering their health
• buildings have attributes that contribute appropriately to the health, physical independence, and wellbeing of the people who use them
• people who use a building can escape from the building if it is on fire
• buildings are designed, constructed, and able to be used in ways that promote sustainable development.

Principles

The Act also contains the following principles for the Department and territorial authorities when performing functions under the Act.

• The role that household units play in the lives of the people who use them, and the importance of
  - the Building Code as it relates to household units
  - the need to ensure that household units comply with the Building Code
• The need to ensure that maintenance requirements of household units are reasonable.
• The desirability of ensuring that owners of household units are aware of the maintenance requirements of their household units.
• The need to ensure that any harmful effect on human health resulting from the use of particular building methods or products or of a particular building design, or from building work, is prevented or minimised.
• The importance of ensuring that each building is durable for its intended use.
• The importance of recognising any special traditional and cultural aspects of the intended use of a building.
• The costs of a building (including maintenance) over the whole of its life.
• The importance of standards of building design and construction in achieving compliance with the Building Code.
• The importance of allowing for continuing innovation in methods of building design and construction.
• The reasonable expectations of a person who is authorised by law to enter a building to undertake rescue operations or firefighting to be protected from injury or illness when doing so.
• The need to provide protection to limit the extent and effects of the spread of fire, particularly with regard to:
  - household untis (whether on the same land or on other property)
  - other property
• The need to provide for the protection of other property from physical damage resulting from the construction, use and demolition of a building.
• The need to provide, both to and within buildings to which section 118 applies, facilities that ensure that reasonable and adequate provision is made for people with disabilities to enter and carry out normal activities and processes in a building.
• The need to facilitate the preservation of buildings of significant cultural, historical, or heritage value.
• The need to facilitate the efficient use of energy and energy conservation and the use of renewable sources of energy in buildings.
• The need to facilitate the efficient and sustainable use in buildings of:
  - materials (including materials that promote or support human health
  - material conservation
• The need to facilitate the efficient use of water and water conservation in buildings.
• The need to facilitate the reduction in the generation of waste during the construction process.

Residential Tenancies Act

The Residential Tenancies Act 1986 regulates the rental housing market by defining the rights and obligations of landlords and tenants. Balancing the social needs of tenants for housing with business needs of landlords is a critical issue. The housing environment has changed a lot in the 20 years since the Act came into effect. In particular, the operation of the private rental sector is now more important to economic and social outcomes of New Zealanders than it was in 1986.

Unit Titles Act

The Unit Titles Act 1972 was created to cover a type of property ownership known as unit title. Developments of this type usually have more than one owner, and are typically apartment blocks, townhouses, office blocks and industrial or retail buildings.

Each owner owns a defined part of the building and also shares ownership of common property, such as lifts or driveways, with other unit owners.

Since 1972 the number of multi-unit homes has increased substantially and become an important part of New Zealand's housing. Issues have emerged that need to be addressed to ensure the law governing these properties is relevant and effective.

Social Services Cluster

The Social Services Cluster aims to better integrate the services of the Ministry of Social Development, Child, Youth and Family Services, Housing New Zealand Corporation and the Department of Building and Housing for common clients.

The cluster enables these agencies to develop practical and effective ways of working together. They are committed to working with each other, and with other government and non-government agencies, to help deliver the best possible results. The commitment to working together recognises that clients often have multiple needs that are best addressed together, instead of being dealt with by different agencies.

The Department is working with other members of the cluster on implementing the New Zealand Housing Strategy and other strategies to achieve results for shared clients. An example of this approach is the Care to Independence project. This project involves the Department working with the Ministry of Social Development and Housing New Zealand Corporation to better support young people moving from institutional care to independent living.

New Zealand Housing Strategy

The Government is committed to ensuring those on low and modest incomes or with special housing needs receive the help they need to find and stay in affordable, good-quality housing. The Government's housing strategy sets out the priorities for housing and a programme of action over the next 10 years. It covers sustainable housing supply, assistance and affordability, homeownership, the private rental sector, housing quality, sector capability and meeting diverse needs.

The Department is part of the steering group overseeing the strategy