BUILDING COMPLIANCE


New Zealand’s building legislation drives the industry, providing framework for all building work carried out in our country. It sets building performance standards to achieve the purposes of the Building Act 2004.

The Building Act 2004 governs the building sector and sets out the rules for construction, alteration, demolition, removal and maintenance of new and existing buildings in New Zealand. Within the scope of the Building Act are:

  • Regulations (such as the Building Code).
  • Rules for the management of licensed building practitioner and building consent accreditation schemes (such as LBP rules 2007).
  • Processes for apply for building consents.

Under the Building Act, all building work must comply with the Building Code, even if the work does not require a building consent. This ensures buildings are safe, healthy and durable for everyone who may use them.

The Building Act and Building Code are mandatory legislation, and complying with them is required by law. Below the Building Code are a series of documents providing compliance pathways, such as verification methods, acceptable solutions and alternative solutions, are non-mandatory methods on how to be complaint with the Building Code.

The Building Code is found in Schedule 1 of the Building Regulations 1992. It sets out the minimum standards that buildings must meet. It states how a building must perform in its intended use, rather than describing how the building must be designed and constructed. It is divided into 8 classifications, identified by letters A – H, and sets clear expectations of the standards building must meet. It is a performance-based code, allowing flexibility in the design and construction of the buildings. The 41 clauses within the Building Code cover:

  • Structural stability
  • Fire safety
  • Access
  • Moisture control
  • Durability
  • Services and facilities
  • Energy efficiency

The requirements of the Building Code clauses are set out into three parts:

  • Objectives – Social objectives from the Building Act.
  • Functional requirements – Functions the building must perform to meet the Objective.
  • Performance Criteria – The performance criteria the building must achieve. By meeting the Performance Criteria, the Objective and Functional Requirements can be achieved.

The process of complying with the Building Code requires that the plans and specifications for any building work, including new buildings, alterations, additions or demolition, are assessed by a Building Consent Authority (BCAs). Generally, this will be the local Council, who will ensure that the proposed work will comply with the Building Code requirements. When the BCA is satisfied that the proposed work will comply, a Building Consent will be issued that work can proceed, but it must be carried out in accordance with the consented documentation. Once the building work is completed, the BCA will issue a Certificate of Code Compliance (CCC). A Code Compliance Certificate is a formal statement of approval from the council that the construction is according to the Building Consent that was issued and confirms the requirements of the Building Code have been met.

Alternatively, if the building is exempt from the Building Consent process, a Certificate of Acceptance (CoA) can be obtained if:

  • Building work constructed without a building consent from 1st July 1992 onwards.
  • Or in specific circumstances where a Code Compliance Certificate cannot be issued.

A Certificate of Acceptance provides a limited assurance that a BCA is satisfied, on reasonable ground, that unconsented building work complete with current building code. A CoA can be applied for all or part of a building, but evidence must be provided so the BCA can assess whether the work complied with the Building Act. If compliance with the Building Code cannot be demonstrated, the council may refuse to issue CoA and building work may need to be removed.

All work needs to comply with the Building Act, and it is an offence to carry out building work for which a building consent is required.