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The new building act and what it means to you

As of 2004 the building industry is governed by new legislation. The Building Act 2004 replaces the Building Act 1991 and sets standards and procedures for people involved in building work to ensure all dwellings are built right first time.

This will have an immediate and lasting impact on anyone considering building a new home or renovating an existing property, particularly if they intend doing the work themselves. If you're one of those people, it will pay you to have at least a rudimentary understanding of the implications of the Act before you embark on your project. Remember, councils have the authority to require property owners to fix work not complying with the Building Code, so mistakes or omissions can be costly.

Essentially the new Act dictates that any building work that requires a building consent must be completed to the required standards set out in the Building Code. This is designed to protect the current owners and anyone who may buy the property in the future. 

Parts of the Act first came into effect on 30 November 2004, and the rules relating to building consents and inspections came into force on 31 March 2005.

During the course of your project you, or the building/design/project management professional you engage, will work in conjunction with your Building Consent Authority (BCA). Most local councils are BCA's.

BCA's issue consents, perform inspections and approve or decline code compliance certificates (CCC's) at the completion of the construction process.


Plan to meet the requirements

Whether you're planning to build a new home or undertake renovations, the same basic process applies.

From go to whoa, you or your project manager will need to arrange the following checks:

  • PIM (Project Information Memorandum) – a report that tells you everything you need to know about your site
  • Building Consent – before work commences, you will need to provide your BCA with plans and specifications to ensure your home will meet the New Zealand Building Code standards
  • Inspections – throughout the building process, regular inspections are required to establish that work done conforms to the submitted plans and specifications
  • CCC (Code Compliance Certificate) – once the work is complete you will need to apply for a CCC. It's peace-of-mind for you and future owners that work has been done to the required standards  


 Who needs a building consent?

Not every job around your home needs a building consent. As a general rule of thumb, simpler projects that don't affect the overall structure of the home are exempt, but it pays to check. Remember, for those jobs that do require consent, no work can begin on the project until consent has been granted.

DOES REQUIRE A CONSENT...

  • Structural building
  • Building relocation
  • Plumbing and drainage – except repair and maintenance of existing installations
  • Swimming pools
  • Fences or walls over 2 metres, and all swimming pool fences
  • Installing a wood burner or an air conditioning system
  • Retaining walls higher than 1.5 metres
  • Decks, platforms and bridges more than 1 metre above the ground
  • Sheds over 10 square metres in floor area

DOESN'T REQUIRE A CONSENT...

  • Patios or decks at ground level
  • General household maintenance, such as replacing guttering or minor fascia repairs
  • Trellis under 2 metres high
  • A small shed
  • A small garden pond.

The Building Act covers building work, but be aware that there are other laws that could affect your project. These include council bylaws, the Resource Management Act and the laws relating to particular plumbing, gas and electrical work. 

The new Act is not designed to be a hindrance to the smooth completion of your project. But in light of recent problems that have affected many homeowners, it is designed to ensure that what is built today and tomorrow will last well into the future. And that can only be of benefit to all of us.

Read more about the buidling and renovation process in Get Organised...

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