Implementation of the 2004 Act

When do the new initiatives introduced in the Building Act 2004 come into effect? We look at the timings.

What happens to building work already underway?

Is your building work covered by a consent issued before 31 March 2005?

When it comes to getting the work signed-off at the end of the project, there are special transition provisions that apply to projects started under the 1991 Building Act, and not yet completed by 31 March 2005. In terms of applications for code compliance certificates (CCCs), if your building consent was issued under the 1991 Act, the application will be treated according to the provisions of the 1991 Act, but the CCC will be issued against the Building Code in place when the consent was issued.

In all matters apart from this issue of CCCs, building projects that were started under the 1991 Act will be treated as projects under the 2004 Act. For example, if at the end of your project the work is inspected and does not meet the requirements of the building consent, you will be issued a ‘notice to fix’, rather than a ‘notice to rectify’ as it would have been called under the 1991 Act.

For answers to frequently asked questions regarding consents issued prior to 31 March, see the Building Act 2004 website.

From 31 March 2005

All building work consented on or after 31 March falls under the Building Act 2004. From 31 March 2005 the following provisions will apply:

Code compliance certificates
Building Consent Authorities will be responsible for the inspection and the issue of a code compliance certificate (CCC) for any work for which they issued a building consent. The CCC will be issued if the building has been built in compliance with the building consent. It will be compulsory to apply for a CCC, and applications will have to be considered by the Building Consent Authority within 20 working days.
Certificates of acceptance
The Act introduces a new document called a certificate of acceptance. People can apply to their councils for a certificate of acceptance for work that was commenced without a building consent. Or where a private Building Consent Authority issued the building consent but, for whatever reason will not issue a CCC. A certificate of acceptance states that, to the extent the council can ascertain, the work is compliant with the Building Code. Note: This does not limit the requirement that you must have a building consent before starting building.
Change of a building’s use
Where the use of a building changes to residential (from any other use), then the building must meet, as reasonably as is practicable, all Building Code requirements relating to residential buildings. An example would be converting a garage to a studio or a sleepout. You must advise your council if you are planning to use a building differently. Building owners can be fined up to $5,000 if they are found to have breached this requirement.

Under the Building Act 2004, building consent documentation takes on much greater importance. You need to talk to your designer or architect to ensure that you consider all the details and requirements. And keep in mind that changes from the consented plans during construction require you to apply for an amendment to your consent and could result in costly delays to your project.

At the end of your project, your CCC will be measured against the consent documentation. This is to improve the paper trail for the building work – both for your protection and that of future owners.

For more information on the building process see Building Consents.

Building Consent Authority accreditation

From 31 March 2005, Building Consent Authorities (BCAs) will be responsible for issuing building consents, code compliance certificates, notices to fix, and compliance schedules. The 2004 Act allows for the registration of councils, private companies and individuals as BCAs. To be registered, an applicant will have to be assessed on whether they meet quality standards for their procedures, processes and people. This assessment will be carried out by an accreditation body appointed by the Chief Executive of the Department of Building and Housing.

All councils will automatically become BCAs on 31 March 2005. However, to continue to operate as BCAs after 30 November 2007, councils will need to be registered as BCAs by that date.

Unlike councils, certifiers under the 1991 Act will not automatically become BCAs. They will need to apply for registration by 31 May 2006 if they want to become BCAs.

Licensing of Building Practitioners

From November 2010, it is intended that certain design and building will have to be carried out or supervised by a licensed building practitioner.

The exact nature of this work will be set out in regulation but it is expected to be work that is critical to the integrity of a building.

To become licensed, building practitioners will have to meet Government-backed minimum standards that show they have the skills, knowledge and experience to be competent at their jobs. The Department of Building and Housing administers the licensing system.

People will be able to make complaints about licensed building practitioners. These complaints will be heard by an independent Board appointed under the Act.

You can read more about licensing of building practitioners on the Department of Building and Housing website: www.dbh.govt.nz.

Building Advisory Panel

A building advisory panel will be appointed to provide advice to the chief executive of the Department of Building and Housing on topics such as current and emerging trends in the building industry, and whether regulations are achieving their purpose. The panel will be drawn from experts in the building sector. A public process will be used in appointing the panel.

Further information

For further information, visit the Building Act 2004 website. To read the Building Act 2004, visit www.legislation.govt.nz.