Ruapehu District Council Building Control A guide to building control and the building consent process - Ruapehu District ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Ruapehu District Council
Building Control
A guide to building
control and the
building consent
process.
Contents A General Guide ............................................................................................................... 4 What is a Building consent ................................................................................................ 4 When is a Building Consent Required ............................................................................... 4 What Happens if I do Building Work Without Consent ....................................................... 4 Why Can’t I Just do the Paperwork When the Project is Finished? ................................... 5 Building Code Compliance ................................................................................................ 5 Application Process .......................................................................................................... 5 What to Include With the Application ................................................................................. 5 Checking the Application................................................................................................... 6 Granting and Issuing ......................................................................................................... 6 Conditions and Advice Notes ............................................................................................ 7 Cost .................................................................................................................................. 7 Inspections........................................................................................................................ 8 Inspections by External Specialists ................................................................................... 9 Producer Statements ........................................................................................................ 9 Booking an Inspection ....................................................................................................... 9 The Inspection .................................................................................................................10 Result of the Inspection....................................................................................................10 Notice to Fix .....................................................................................................................10 Minor Variations & Amendments ......................................................................................10 Code Compliance Certificate............................................................................................11 When can I occupy my building? ......................................................................................12 Determinations .................................................................................................................12 Schedule 1 of the Building Act 2004.................................................................................13 Compliance Schedules ....................................................................................................14 Building Warrant of Fitness ..............................................................................................15 What is an IQP .................................................................................................................16 What are National Multiple-Use Approvals? .....................................................................16 What is a MultiProof? .......................................................................................................16 What Must be Included in a Building Consent Application That Relies on a MultiProof? ..16 Project Information Memorandum (PIM)...........................................................................17 What information is included in a PIM? ............................................................................17 How do I apply for a PIM? ................................................................................................17 How long does it take? .....................................................................................................17 How much does it cost? ...................................................................................................18 What do I do with my PIM? ..............................................................................................18 Certificate for Public Use ..................................................................................................18 Restricted Building Work ..................................................................................................18 Complaints / Inquiries.......................................................................................................18 Building Consent Application Vetting................................................................................18
The Consent Process.......................................................................................................18 Owner Builders ................................................................................................................19 DIY Work .........................................................................................................................19 Using the Owner-Builder Exemption ................................................................................20 Alterations to Existing Buildings (section 112) ..................................................................20 Change of Use, Extension of Life, and Subdivision of Buildings (sections 114-116) .........20 Change of Use .................................................................................................................20 Specified Intended Life.....................................................................................................21 Extension of Life ..............................................................................................................21 Sub-Division of Buildings .................................................................................................21 Building on Land Subject to Natural Hazards ...................................................................21 New Consumer Protection Measures ...............................................................................22 Additional sources of Information... ..................................................................................22
Form 309 Building Control and Consents Guide
Version 16
20 May 2021
A General Guide Before starting your project, you will need to
consult Schedule 1 of the Building Act 2004
to clarify whether your project fits within
This guide contains important information
Schedule 1. If you are unsure whether you
about applying for a building consent from
will need a building consent or not, please
the Ruapehu District Council. It covers the
check with Council or talk to a builder or
entire process, from applying for a building
designer.
consent, through to the application and
issue of a code compliance certificate.
Copies of Schedule 1 and the Ministry of
Business, Innovation and Employment
The guide is primarily designed to help
Guide are available from the Ministry of
those that are new to the building consent
Business, Innovation and Employment
process and Council’s building controls.
However, it also contains valuable website at www.mbie.govt.nz
information, for those with some knowledge
and experience of building control and Remember, it is the owner’s responsibility to
Council’s building controls processes and ensure that the correct decision is made
procedures. whether building work is exempt. You may
need certain technical or legal advice before
making that decision and it must be noted
that even though some building work does
What is a Building consent not need a building consent, the building
work proposed must still comply with the
A building consent is the formal approval New Zealand Building Code.
issued by a building consent authority
(Council (BCA)) that certain works meet the If your project requires a building consent, it
requirements of the New Zealand Building must be obtained before any of the work
Act, Building Regulations, and Building starts, so please make sure that you start
Code. the application process well before building
is due to start.
Building consents are concerned primarily
with health and safety of the building
occupants or users. New building work or What Happens if I do Building
alterations to buildings are subject to
national rules and regulations. However, Work Without Consent
buildings must also comply with the
Resource Management Act and the At the time of application you have the
Council’s District Plan. There may be ability to request a PIM and building
circumstances when you will require a consent or just a building consent.
resource consent before you can
commence any building work, despite a The person undertaking the illegal work,
building consent having been issued for the and the owner of the property involved, are
work. In such cases the building consent in breach of the Building Act. It is possible
will have a notice attached in terms of that you may be asked to demolish the work
Section 37 of the Building Act 2004. or prove that the building is safe and
sanitary. A notice to fix may be issued and
prosecution may follow if the notice is not
When is a Building Consent complied with.
Required A certificate of acceptance may be applied
for in terms of Section 96 of the Building Act
For most building, plumbing and drainage 2004. However, this may not necessarily
work, a building consent is required. Works be granted and nor will you necessarily be
exempt from building consent requirements immune from prosecution.
tend to be of a small scale, being within
certain dimensional or volume limitations.
Page 4 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
Why Can’t I Just do the
Please ensure that all sections of the
Paperwork When the Project is application form completed and all required
Finished? documentation attached.
Building consents cannot be issued after
the project has started. Binding What to Include With the
interpretations of the Building Act and Application
Regulations can be issued only by the
courts. Indications and guidelines issued by
the Ruapehu District Council are provided Applications can be complex. We
with the intention of helping people to recommend that you engage a professional
understand the legislation. However, they to help with the design work and drawings.
are offered on a “no liability” basis, and in
any particular case those concerned should Below is a list of what you may need to
consult their own legal advisers. include with your building consent
application.
More frequently now, homeowners are a) Record of Title: recent search copy
finding out that a previous owner has less than three months old, or a sale
carried out building work without building and purchase agreement if the title is
consent and this usually surfaces when the not in the applicant’s name. If the site
property is offered for sale. If this is the is new and does not yet have a title,
case with you, you should discuss the then the subdivision scheme plan is
matter with a building inspector as it may be required.
possible for Council to issue a certificate of b) Site plan, showing buildings, ground
acceptance. and floor levels, and separation
dimensions.
c) Outline floor plans (for all floors).
d) Outline elevations.
Building Code Compliance e) Outline cross sections.
f) Foundation plans (timber or concrete
Your proposed building work has to comply slab).
with the Building Code. The Building Code g) Detailed drainage plans.
is a performance based code which allows h) Detailed floor plans.
designers some flexibility when designing i) Detailed elevations, show height in
buildings or parts of buildings. relation to boundary planes and risk
matrix calculations
A designer may use compliance documents j) Cross sections.
such as acceptable solutions which are k) Timber treatment.
deemed to comply with the Building Code. l) Framing details.
m) Construction details.
Methods of complying with the Building n) Weather-tightness details and risk
Code are: matrix for each elevation.
o) Internal waterproofing details.
• Acceptable solutions p) Plumbing details.
• Alternative solutions q) Specifications for the work.
• Verification methods r) Bracing design.
• CodeMark products s) Roof truss design.
• Simple house acceptable solution t) Engineer’s details and producer
• Multi use approved design statements.
u) Specified systems noted along with
the maintenance, inspection, and
Application Process reporting procedures.
v) Effluent design report if Council
Building consent applications are now on- services are not available to the site.
line at www.simpli.govt.nz.
Page 5 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
Once you have gathered all the necessary information is required before we can start
information you may arrange for a pre- processing your application.
lodgement meeting with Council officers if
you choose. Incomplete or poor quality applications take
a lot of time to work through and this slows
Otherwise, you will need to lodge your the process for other people. Please be
consent application via the simpli portal. conscientious when submitting your
application and use clear drawings to a
The Ruapehu District Council undertakes a readable scale.
three stage checking process to ensure the
appropriate information is submitted with The Council has 20 working days from the
the building consent application. date a complete application is received for
processing, to decide whether to issue, or to
• On-line vetting check to determine if all refuse to issue the building consent. (Note:
required information has been when a complete application is received,
submitted. the processing clock starts and Council has
• Processing vetting check process to 10 working days for multi-use building
allow for any additional information the consents and 20 working days for all other
processing officer may require. types of applications.)
• Processing/checking for compliance.
Details of each process are listed below for Granting and Issuing
your information.
Once the application has been vetted for
completeness, a Building Control Officer will
Checking the Application review your application and assess it for
compliance against the means of
The Building Administrator at the Council compliance selected by the applicant or
will check your application to ensure that designer in the application form. Generally
the right documents have been provided. the means of compliance will be an
(This is not the technical check.) acceptable solution or verification method
which is deemed to comply with the
If the application is incomplete, it will not be performance provisions of the building
accepted by the Council, and you will code. However, alternative solutions may
receive and SRFI (Submission Request also be presented for review. Where
Further Information). alternative solutions have been used,
sufficient information will need to be
If the application is verified as complete we provided to clearly demonstrate compliance
will accept the application for vetting. with the relevant provisions of the relevant
building code clauses. If there are any
The Building Administrator will create a Pro- questions or concerns you will receive an
Forma Invoice for lodgement fees. This will RFI requesting further information or
be uploaded to the portal and no further clarification. The 20 working day clock is
action will be taken on your consent until suspended until all this information is
the lodgement fees have been paid. provided.
Once fees are paid, the application is then The work for which you are seeking consent
forwarded to a Building Control Officer to is also checked for other required
determine if there is enough technical detail permissions, for example the Resource
and information to continue the detailed Management Act 1991 (RMA) or District
processing. Plan requirements. We also check for
compliance with other legislation such as
If there is insufficient detailed information on vehicle access, earthworks, water
the application, Council will send you an reticulation, public drainage and (in the case
RFI (Request Further Information) via the of commercial premises) areas such as
portal. This is a list itemising what health, trade waste, compliance schedule
Page 6 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
(specified systems) features and backflow performance provisions of the building
prevention. code.
2. Issuing the consent. The building
When your application has been assessed consent is issued to the applicant upon
and all staff involved are satisfied with the payment of all fees, levies, and
compliance, a final check is made to ensure charges. All building consents are
that all work has been assessed correctly.
issued on the condition that agents
authorised by Council (BCA) are
The Building Administrator checks that the
fees have been paid and checks if any entitled at all times during normal
additional fees are required. The Building working hours or while building work is
Administrator generates the GST invoice. being done to inspect the land or
This will be uploaded to the portal. If building work.
additional fees are required the building 3. You can commence building work once
consent is placed on hold until all fees are consent documents have been issued,
paid. as long as there is no Sect 37 Notice
under the RMA attached. If a Sect 37
You will receive your building consent in the Notice is attached, you are required to
portal. The building consent documents are satisfy Council’s Resource Consent
stamped with the following stamp e.g. Planner and have this signed off,
before you can commence building.
Conditions and Advice Notes
Important Note:
A building consent lapses and is of no When a building consent is issued there
effect if the building work to which it may be a number of conditions or advice
relates does not commence within: notes attached to the building consent
document. Only conditions permitted by the
• 12 months after the date of issue of Building Act may be placed on building
the building consent; or consents. These may be in relation to:
Any further period that the building The entitlement to inspect (this is a
consent authority may allow. statutory condition that applies to every
building consent)
There are two stages in relation to issuing a Specified intended life
building consent. Building on land subject to natural
hazards
1. Granting the consent. This is when all
requested additional information (if any) Building over two or more allotments
has been received and the technical Waivers and modifications
check has been completed and the Advice notes or notices attached to building
building officer checking the application consents are simply that – advice from
is “satisfied on reasonable grounds” Council that certain requirements should be
that sufficient information has been met or may be helpful information in relation
provided to adequately demonstrate to the building consent and building work.
compliance with the relevant
performance provisions of the building Cost
code. Reasonable grounds means the
building officer has been reasonable in The total cost depends on the type of
his request for information and that the application, cost of work involved, and the
level of detail provided. The quality of
information is readily available and is
information provided at the time of
necessary to verify compliance with the
application will also affect the overall fees.
chosen means of compliance with the
Page 7 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
Fee components may include but not limited building code. Where work is found not to
to: comply with the building consent or building
code, the inspecting officer will ask for the
a) Levies payable to BRANZ (payable on work to be remedied. This may require an
all applications of $20,000 building amendment to the building consent and a
value) see fee schedule. requirement to cease work until the matter
b) Levies payable to Ministry of Business, is resolved may also be issued. However, if
Innovation and Employment, (payable the non-compliant work is relatively minor
on all applications of $20,444 building and there is no real adverse impact on the
value) see fee schedule building consent or project, the inspecting
c) Building consent authority (BCA) levies officer may permit specific work to continue.
see fee schedule Once the non-compliant work has been
d) Administration fees. remedied, Council will generally undertake
e) Processing (time based). a further inspection to ensure compliance.
f) Inspections (type and number vary If the non-compliance is significant or
depending on the nature of the building continues a Notice to Fix (NTF) may be
project). issued. This is the commencement of
g) Development contribution will be formal proceedings to achieve compliance.
assessed at time of consent see fees At the completion of the project Council is
and charges required to issue a CCC (code compliance
h) Compliance schedule fees (if certificate) which contains a statement that
applicable). the building work complies with the building
i) Code Compliance Certificate consent. The CCC cannot be issued if this
is not the case.
Some aspects of the application may be
processed and/or reviewed by outside The following are the types of inspections
consultants. There is a requirement for that may be required depending on the
some applications (generally commercial nature and complexity of building work:
projects) to be sent to Fire and Emergency
New Zealand. There may be additional fees Building Inspections:
to pay if your application needs to be sent to
outside consultants. Note the building • Site - location of the building on site (a
consent cannot be issued until these surveyor’s report or visible boundary
additional fees are paid. markers).
• Foundation - before placing any
While our staff can provide an estimate of concrete for foundation walls or
the fees involved, the final cost will not be footings.
known until the processing is completed. • Piles - before placing any concrete for
pile foundations (timber or concrete).
• Pre-slab - before placing any concrete
Inspections for concrete floor slabs and any integral
footings.
• Masonry - before placing any concrete
The officer processing your application will
or concrete block walls.
do an assessment to determine what
• Sub-floor - before covering any sub-
inspections will be necessary so that the
floor framing.
Council can be satisfied that the building
• Pre-clad - upon completion of the
work will achieve compliance with the plans
building wrap with flashings/tapes
and building consent. A list of inspections
installed and before fitting any external
and advisory notes will be attached to the
cladding.
building consent. Please ensure that you
• Brick - brick work at half height.
read the advisory notes and are familiar
• Weather-tight - before applying any
with them before starting building work.
coatings to the external cladding
system.
The prime purpose of inspections is to
• Pre-line - before fitting internal linings
ensure that the building work undertaken
or installing wet area membranes, air
complies with the building consent and
Page 8 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
seals fitted internally around joinery, work. Council generally only accepts
bracing connections complete. producer statements from engineers that
• Post-line bracing - while fixings are still hold a current Chartered Professional
visible. Engineer’s (CPEng) practicing certificate.
• Post-line wet area membranes – Other authors, that are qualified and
inspection of installed wet area experienced in the specific field for which
membranes before installation of finish the producer statement is being issued,
surfaces such as tiles. may be approved by Council’s building
• Final - final inspection on completion of control manager.
all building work.
Producer statements come in 4 forms:
Plumbing Inspections:
PS1 – Design
• Drainage - testing any drainage work PS2 – Design Review
prior to back filling and before covering PS3 – Construction
any field drains. PS4 – Construction Review
• Pre-slab - plumbing in/under the floor
slab. Producer statements can be provided for a
• Pre-line - plumbing systems before wide range of work and may in part satisfy
fitting any linings. Council that some aspect of the work
• Final - final inspection on completion of complies with the Building Code and/or
work. building consent. Refer also inspections by
external specialists.
Inspections by External
Specialists Booking an Inspection
In addition to the Council’s inspections, it When you are ready for an inspection,
may be necessary, in special please contact the customer service
circumstances, for external specialists to officers, phone Taumarunui 07 895 8188 or
conduct inspections that fall outside the Ohakune 06 3858364, or use the GoBuild
normal building inspection process. These app. Please make sure you have the
may include a geo-technical engineer to following information available:
confirm ground stability, or having an aspect
of specific structural design checked by a • Building consent number.
chartered professional engineer or • Site address.
mechanical ventilation or specialist roofing • Name and phone number of the contact
application. person on site.
• Email address for site notice.
Any external specialist inspections are the • Date the inspection is required.
applicant’s responsibility to arrange and pay • If the building work is RBW (restricted
for. If a specialist inspection is necessary, building work) then the licenced
you will be advised in your granted consent building practitioner’s (LBP) number will
documentation under Third Party need to be provided.
Inspections. These inspections will be • Type of inspection, eg. plumbing,
included in the building consent as a drainage, foundation etc.
condition under Sec 90 of the Building Act. • Important notes.
Please give at least three working days
Producer Statements advance notice of your inspection request.
Council endeavours to arrange inspections
as soon as possible, however in periods of
A producer statement author is a person
high building activity or staff absence, the
that is accepted by Council as competent in
inspection may need to be slightly later.
their field of work and able to provide
Council with a statement of some aspect of
Page 9 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
It is the owner’s responsibility to notify You may be charged for a re-inspection; if
Council that an inspection is required. so, this will need to be paid before the code
compliance certificate can be issued.
The Inspection
Notice to Fix
Make sure that you have the approved
plans and documentation on-site. If these A council must issue a Notice to Fix (NTF)
are not available when the inspector arrives, for any work that doesn't meet the
the inspection may not take place, and you requirements of the Building Act 2004 or
may be charged extra for a re-inspection. building regulations, which includes the
building code. For example a NTF may be
The safety of people (including building issued for building work not carried out in
officers) on the construction site is your accordance with a current building consent
responsibility. This includes providing safe or perhaps work that does not comply with
access to all parts of the site to allow work the building code. A NTF is the
to be inspected. commencement of formal proceedings to
achieve compliance with the Building Act or
In accordance with the NZ Health & Safety Regulations. If a NTF is issued, a letter
Act (large sites) explaining the process will accompany the
NTF
Ladder access must be securely founded
and tied.
A NTF is issued to a specified person/s. A
Scaffold access is likely to be required for specified person may be:
larger buildings. The owner
The person/s carrying out the building
Once the works pass inspection, the work
building control officer will sign off the Any other person/s supervising the
appropriate site notice and work can
building work
continue.
The owner, or builder, or agent (eg. The NTF will
architect) should be on site for all Specify the contravention
inspections. Specify what is required to remedy the
contravention
Result of the Inspection State a time frame within which it must
be complied with
State conditional continuation of work
Following the inspection the inspector will
advise the person on-site if the inspection Require the specified person to contact
has been passed and record it on the Council when the required remedy has
inspection site notice. The inspection site been completed
notice will be emailed to the nominated
recipient. If the inspection fails, the work to It is an offence under section 168 of the
be rectified will be recorded on the site Building Act 2004 failing to comply with a
notice, and the inspection site notice will be NTF.
emailed to the nominated recipient. If the
failure is significant, this may affect the
continuation of works. Another inspection
will be required, to inspect this remedial
Minor Variations &
work. Amendments
During the construction process, invariably
there are changes made. These changes
Page 10 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
can be recorded by way of minor variations Licensed Building Practitioners (LBP)
and amendments. memos or records of work
Energy certificates
A minor variation can be simply recorded by Any PS3 or 4 producer statements
the building inspector on the plans or site
Any certifications issued during
notice. The builder/owner will need to
advise clearly on site what has changed. construction
Copies of warranties
An amendment is a formal process and Engineer’s reports
must be applied for via the Simpli portal. As-built drawings (drainage in
The time frames for Council to process an particular)
amendment are the same as the building Any other relevant documentation issued or
consent. obtained during construction
Please ensure that when changes are made
that the correct method for minor variations Council has 20 working days from
and amendments is followed and notify application for a CCC in which to decide
Council as early as possible so the work whether to issue, or refuse to issue, a CCC.
onsite is not slowed down as a result of any
changes. The Council must issue the CCC if it is
satisfied on reasonable grounds:
That the building work complies with
Code Compliance Certificate the building consent
All the required inspections have been
Code Compliance Certificates are issued by undertaken and all non-compliance and
a building consent authority confirming that outstanding matters have been
certain building works have been completed satisfactorily dealt with.
and comply with the building consent. Where a compliance schedule has
been issued the specified systems in
When all the building work is completed in
the building are capable of performing
accordance with the building consent, a
code compliance certificate (CCC) can be to the performance standards set out in
issued. This is verification from the building the building consent
consent authority that all works undertaken Have regard to whether any banned
comply with the building consent and the building methods or products have
NZ Building Code. It is an important been used
document, and should be retained for future That all relevant energy certificates
reference. have been received
That all development contributions
A building owner must (section 92(1)BA) have been paid
apply to Council for a code compliance
certificate (CCC) after all building work to be
Having received an application for a CCC, if
carried out under a building consent granted
it is found that not all the required
to the owner is completed.
information has been submitted with the
application, the 20 working day processing
You can apply for a CCC by sending the clock will be suspended. The applicant will
Council the completed “Application for Code be notified, requesting the outstanding
Compliance Certificate” Form 6 issued with information. Once all this information has
your building consent if the consent was been received the clock is re-started and
issued prior to 11 February 2021. the processing of the application will
Otherwise you can apply via the Simpli continue. Buildings that require a
portal. compliance schedule will also have this
Your application for a CCC should be issued with the CCC
accompanied (where applicable) with:
Page 11 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
A review of fees paid for inspections will be Residential buildings may be occupied once
made when the CCC has been approved for practical completion has been achieved.
issue. Additional inspection fees will be That is when the building is weather-tight
charged if the inspection fee paid when the and has all its sanitary fixtures and fittings
application was lodged is not enough to operational.
cover the inspection time actually used.
The CCC will not be issued if there are any
If the owner desires to occupy a building
unpaid fees. In addition, Council may
(either new or undergoing alteration) which
charge for additional correspondence,
is open to the public or being used by
decisions, consultations, meetings and the
members of the public then that building
like that have occurred during the
cannot be occupied prior to the issue of the
construction process. These costs may be
CCC. However, an application can be
added to the final consent costings prior to
made to Council for a Certificate of Public
the code compliance certificate being
Use that will permit part/s of the building to
issued.
be occupied provided certain criteria and
conditions are met.
If the building consent was issued under the
1991 Act, Council may issue a CCC, if they
are satisfied that the building work complies
with the Building Code at the time the Determinations
building consent was granted.
A determination is a binding decision made
Older building consents do present Council by the Ministry of Business, Innovation and
with a problem when considering the issue Employment. It provides a way of solving
of a CCC, particularly when we are looking disputes or questions about the rules that
at construction details and the maintenance apply to buildings, how buildings are used,
history. If Council is not able to confirm the building accessibility, and health and safety.
necessary details, they may refuse to issue
a CCC. Older consents may have a CCC Most determinations are needed because
issued, however, there would be a durability the person applying for the determination
amendment noted on the document. disagrees with the Council about decisions
the Council has made about a building. In
If an owner does not apply for a code this case, the parties to the determination
compliance certificate within two years after are the building owner and the Council.
Council has granted the consent, then
Council is required under law to either issue All parties to a determination are treated
or refuse the code compliance certificate. equally.
An owner can apply for an extension of time You can ask for, or be involved as a party to
to extend this date or may elect to carry on a determination, if you are:
with the building work and apply for a code
compliance certificate when the work is • The building owner or the owner’s
completed. agent.
• The Council that issued the building
Even if Council has refused the code consent.
compliance certificate at this two year • The owner of other property when the
period, the owner can apply at a later time determination is about the protection of
for Council to reconsider whether a code that property (for example, the potential
compliance certificate can be issued or spread of fire from one property to
refused. another, surface water run-off or land
stability).
• A Government Ministry or Crown
When can I occupy my agency that has a statutory duty under
the Building Act, such as the Fire &
building? Emergency NZ or Work Safe NZ.
Page 12 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
• Anyone with a direct interest in the • May say that the Council was correct in
problem or question if it has to do with not issuing a building consent).
access and facilities for people with • Make waivers or modifications to the
disabilities. Building Code (for example, a
determination may modify the time
The Ministry can initiate a determination period for which the building must be
where it believes it is necessary to achieve durable).
the aims of the Building Act. The Ministry • Make conditions that the Council may
may ask other people or organisations to itself grant or impose (for example, a
become involved if necessary. determination may require the Council
to issue a building consent with certain
A determination will normally be about an conditions).
earlier decision made by one of the parties
(usually the Council). The Ministry of Business, Innovation and
Employment charges a fixed fee for
However, a determination can be applied determinations. These are in two
for by the Council itself or a neighbour who categories and are available from the
is affected by building work. Ministry of Business, Innovation and
Employment website. The categories are:
A determination can be about building work
that is planned, partly done or completed. • Single houses, attached houses, flats
and apartments up to four units, and
The Ministry of Business, Innovation and garages and sheds,
Employment can make a determination • All other buildings
about:
A determination generally relies on the
• Whether a building or building work information you provide. Clear and
complies with the Building Code. complete documentation will help the
• A Council’s decision on a building Ministry assess and process your
consent, a notice to fix, a code determination. The information should be:
compliance certificate, certificate of
acceptance, certificate for public use, or • Clearly labelled (and indexed, if
a compliance schedule (including time possible).
extensions to building consents and • Typed or neatly handwritten.
code compliance certificate). • Accompanied by a summary of the key
• A Council’s decision to make a waiver points with references to the supporting
or to modify the Building Code. documents. Information to support an
• A Council’s decision on building application can include (not all of the
alterations, a change of building use, following will be available or
subdivision of buildings and dangerous, appropriate in every instance):
earthquake-prone and insanitary
buildings. o Correspondence about the dispute
• A Council’s decision on dams. o Drawings.
o Specifications.
Those involved in a determination, including o Design calculations.
the person who applies for it, are called o Reports.
‘parties’ to the determination. For example, o Photographs.
a building owner may ask for a
determination because they disagree with
the Council’s decision that also involves a Schedule 1 of the Building Act
neighbour.
2004
The determination may:
The Building Act includes types of building
• Confirm, reverse or modify the earlier work that are exempt from the requirements
decision (for example, a determination to obtain a building consent. Schedule 1
Page 13 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
lists building work that can be undertaken • A building consent authority can charge
without a building consent. a fee for issuing a compliance
These exemptions recognize that certain schedule.
low-risk building work should not be subject • A building consent authority must state
to the normal requirements of the building in a building consent the specified
consent approval process. Exempt building systems that will be covered by a
work is generally work that will not affect the compliance schedule.
structural integrity or safety components of • A compliance schedule must be issued
the building. with the code compliance certificate,
where applicable.
Even if the proposed building work does not • Building consent authorities that are not
require a building consent, it is still a Territorial Authorities have 5 days after
requirement of the Building Act that all issuing a compliance schedule to notify
building work complies with the Building the Territorial Authority that the
Code (refer to section 17 of the Building compliance schedule has been issued.
Act). The building work may also be • A Territorial Authority and a building
required to comply with other legislation, owner can agree to amend a
such as the Hazardous Substances and compliance schedule as required, at
New Organisms Act 1996, the Resource any other time.
Management Act 1991 (and any local • Territorial Authorities can charge a fee
district plan rules) and any relevant local for issuing an amended compliance
government bylaw requirements. If you are schedule.
unsure that requirements may apply to your • After 31 March 2008, all buildings
project, Council recommends that you seek serviced by or attached to cable cars
advice from your designer, builder or will require a compliance schedule.
Council. • A statement of fitness is now a
compliance schedule statement.
Compliance Schedules The compliance schedule has been made
more flexible to reflect that as systems age,
monitoring and maintenance requirements
A compliance schedule lists specified
change.
systems within a building. These systems
ensure a building is safe and healthy for
An application for a compliance schedule
members of the public to enter, occupy or
should be made as part of the building
work in.
consent application, where building work
includes specified systems within a building.
The compliance schedule for a building
must identify which systems are present,
the performance standards for those In order to grant a building consent and
systems, and how these systems will be compliance schedule for building work
monitored and maintained to ensure they containing specified systems the following
will continue to function. information must be provided with the
building consent application:
The Building Act 2004 allows more options a) Description of the specified system
for the administration of compliance including the type and make and model
schedules by Councils and, significantly, the b) The performance standard/s for each
ability to charge a fee for services. New specified system
requirements include: c) A description of the:
i. Inspection procedure
• The administration of compliance
ii. Maintenance procedure
schedules may be split between a
building consent authority that is not a iii. Reporting procedure
Territorial Authority, and a Territorial The above descriptions can be reference to
Authority. a prescribed acceptable solution or
prescribed verification method or a building
method or product.
Page 14 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
2008 a compliance schedule must be
Where an application for a building consent issued for a building that has a cable car
involves building work in an existing attached to it, or if it is services by a cable
building, and that work includes modifying car. This includes dwellings that have a
or adding to the specified systems, that cable car.
work will require an amendment to an
existing compliance schedule. The Building Warrant of Fitness
application must list each specified system
or, if the building work is an alteration to an
A building warrant of fitness (BWoF) is a
existing building, the application should list
statement supplied by a building owner,
all specified systems in any way affected by
confirming that the systems specified in the
the building work.
compliance schedule for their building have
been maintained and checked in
The 2004 Act defines a specified system as
accordance with the compliance schedule
a system or feature that is:
for the previous 12 months, and that they
will continue to perform as required.
• Contained in a building.
• Contributes to the property functioning
The Building Act 2004 requires
of the building (e.g. sprinkler system)
:
• Declared by the Governor-General, by
• An owner to provide to the Territorial
Order in Council, to be a specified
Authority, with their BWoF, copies of
system for the purpose of this Act.
Form 12A certificates from IQP,
including any recommendations made
Some examples of these are:
by the IQP.
• The Territorial Authority to retain copies
• Automatic systems for fire suppression
of the Form 12A certificates.
• Automatic or manual emergency
• The Territorial Authority to consider any
warning systems for fire or other
recommendation to amend a
dangers
compliance schedule made by an IQP
• Electromagnetic or automatic doors or
and where necessary makes any
windows
changes to the compliance schedule
• Emergency lighting systems
after giving the owner an opportunity to
• Escape route pressurisation systems
provide comments.
• Riser mains for use by fire services
• All buildings after 31 March 2008
• Automatic backflow preventers
serviced by, or attached to, cable cars
connected to a potable water supply
will require a BWoF.
• Lifts, escalators, travelators or other
• A Territorial Authority can now charge a
• Systems for moving people or goods
fee for undertaking a BWoF inspection.
within buildings
• The owner to supply the BWoF to the
• Mechanical ventilation or air
Territorial Authority on each
conditioning systems
anniversary of the issue of the
• Building maintenance units providing
compliance schedule.
access to exterior and interior walls of
• A BWoF to be supplied on Form 12 of
buildings
the Building (Forms) Regulations 2004.
• Smoke control systems
It must include the following
• Emergency power systems for, or signs
information:
relating to, any of the above systems
o The location of the particular
• Systems for communicating evacuation
building
• Final exits
o Current lawfully established use
• Fire separation
including number of occupants per-
• Signs
level and per-use (if more than
• Smoke separation
one)
• Cable Cars
o The owner of the building
o Original date the building was
Cable cars were not previously considered
constructed
a specified system; however, after 31 March
Page 15 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
o The highest fire risk category for Code compliance. Such an approval is
building use issued in the form of a MultiProof.
o Certificates relating to inspections,
o Maintenance and reporting
procedures of the Compliance What is a MultiProof?
Schedule have been fully complied
with for the previous 12 months.
A MultiProof is a statement issued by the
National Multiple-Use Approval Service of
A copy of each certificate issued by the IQP
the Ministry of Business, Innovation and
for each of the specified systems, along
Employment, that a specific set of building
with any recommendations for amending
plans and specifications complies with the
the compliance schedule, must be attached
New Zealand Building Code. A MultiProof
to the BWoF provided to the Territorial
is not, and does not replace, a building
Authority.
consent. The holder of a MultiProof
must apply with the relevant building
Building owners will be required to continue
consent authority (your local Council) for a
to engage IQPs to undertake the inspection,
building consent each time they wish to
maintenance and reporting procedures
construct the design to which the MultiProof
listed on the compliance schedule.
relates.
IQPs provide building owners with a
certificate verifying the inspection,
maintenance and reporting procedures for What Must be Included in
each specified system have been fully a Building Consent Application
complied with. IQPs will issue the that relies on a MultiProof?
certificates on Form 12A of the Amendment
Regulations 2005.
Each application that relies on a MultiProof
to demonstrate compliance with the Building
Code must include:
What is an IQP
• A completed copy of the building
An IQP (independent qualified person) is a consent application form (including a
person who is accepted by the Territorial statement of the project value for the
Authority as being appropriately qualified to whole project, not just the site-specific
undertake the inspection and maintenance portion)
of the feature concerned. This person • Any applicable consent lodgement fees
should not have a financial interest in the • A copy of the MultiProof certificate,
building. which will show any applicable
conditions
• A complete copy of the plans and
specifications to which the approval
What are National Multiple-Use relates (these will bear MBIE’s approval
Approvals? mark and will include any relevant
approved customisations)
The Building Amendment Act (passed in • Full details of any site-specific features
July 2009) allows that from 1 February 2010 proposed for the building (such as a
the Ministry of Business, Innovation and site drainage plan or site-specific
Employment to issue National Multiple-Use foundation details)
Approvals. This means that volume • Any technical information, calculations
builders can apply to obtain NMUAs for and design producer statements or
building designs that will be other evidence needed to establish the
replicated several times in any district, Building Code compliance of the
regionally or nationally. The benefit of building’s site-specific features (if
NMUAs is that the Ministry can 'pre- applicable)
approve' these building designs for Building • A statement addressed to the BCA
(your local Council) stating that the
Page 16 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
design for which the building consent is • Alluvium (the deposit of silt from
being sought complies with the flooding)
approval issued by the Ministry of • Wind Zones
Business, Innovation and Employment, • Snow Loads
and meets all the conditions of the
MultiProof (such as wind or snow The PIM will also include information in
loading restrictions) for the proposed relation to the presence of hazardous
site. contaminants which are known to Council
Further information is available from the and may be relevant to the design,
Ministry of Business, Innovation and construction or alteration of your proposed
Employment which has published further building project, details of water, storm-
information about NMUAs on their website, water or wastewater utility systems which
www.mbie.govt.nz, including the benefits, relate to your proposed building work or to
who are eligible, how to apply and the your building site.
assessment process.
It also identifies any additional approvals
Project Information required such as:
Memorandum (PIM)
• Resource Management Act
requirements
A PIM is a document issued by the • Heritage New Zealand (heritage
Territorial Authority (Council). It assists in buildings/sites)
establishing the feasibility of a specific • Fire & Emergency New Zealand
project on a piece of land, and is useful for
clarifying at an early stage what will be A PIM confirms that you may carry out the
involved in a project. It should not be building work on the land subject to the
confused with a Land Information requirements of the building consent and
Memorandum (LIM) which has a different Building Act; and any other necessary
use and purpose. authorisations being obtained such as
resource consent.
Applying for a PIM is voluntary. However, it
is advisable to obtain a PIM at the early If resource consent is required prior to the
stages of a building project. This gives the commencement of building work a Section
designers or developers any valuable 37 certificate will be attached to the building
information about potential areas of concern consent restricting what building work, if
before proceeding to full design and any, may be commenced prior to the issue
applying for a building consent. This can of the building consent.
avoid time and money spent on costly re-
design.
How do I apply for a PIM?
What information is included in
An application for a PIM can be made
a PIM? through our online portal at
www.simpli.govt.nz using the building
A PIM provides information that must be consent application form. Please ensure
taken into account for the proposed project you have provided all the information
and the land on which it is to be built, needed to process your application.
including information on special features
such as:
How long does it take?
• Erosion
• Avulsion (removal of land by water
Council is required to issue the PIM within
action)
10 working days of the application being
• Falling debris
received. If further information is required,
• Subsidence
this period is suspended until the required
• Slippage
Page 17 of 22Form 309 Building Control and Consents Guide
Version 16
20 May 2021
information has been received. The PIM Restricted Building Work
must then be issued within 10 working days
after the information has been received.
The implementation of restricted building
work (RBW) was from 1 March 2012 and
required some additional policies and
How much does it cost? procedures for Building Consent Authorities
(BCAs). The following are some proposed
The fee is required at the time of guidelines to these changes.
application. A Fees & Charges pamphlet is
available from Council, or online from Public information in the form of a booklet
Council’s website. named “Build It Right”, published by the
Ministry of Business, Innovation and
Employment (the Ministry), is available at
What do I do with my PIM? Council offices. Additional information is
also available at the following website
A copy of the PIM should be given to your address (http://www.mbie.govt.nz/lbp). This
designer so that they can use this website contains background information on
information to ensure that the building licensing and RBW for the trade as well as
design is appropriate for the land on which the consumer.
you intend to build.
Please note that the PIM does not give any Complaints or Inquiries
form of approval under the district plan or
Building Act, or authorisation to commence Any complaints or inquiries can be made in
work. You should contact the Council person, by phone, fax or email. Please refer
Planner to determine that your proposal to Council’s Complaints Policy on our
complies with the district plan. If it does not, website.
and resource consent is required, you are
strongly advised to obtain this before
seeking building consent to avoid possible Building Consent Application
expensive changes to your proposal.
Vetting
Certificate for Public Use Building consent vetting should include
checks to ensure the certificate of work
(CoW) has been fully completed including
A Certificate for Public Use (CPU) may
whether or not there may be a need for any
apply to building work where the public are
modifications or waivers. You should
able to enter the building. For a building, to
ensure that the CoW declaration is signed.
which the public would normally have
access, the public cannot be permitted to
enter until the code compliance certificate is
issued. The only way a portion of the
building can be used is to obtain a The Consent Process
Certificate for Public Use.
Checks should be made to establish if the
This is a document issued by Council to design or any named trade building
allow parts of a building to be used by the practitioners are registered or appropriately
public before the code compliance licensed. The Ministry’s public register can
certificate is issued. The CPU will only be be found at
issued if the portions of the building
involved are safe and sanitary and safety (http://lbp.mbie.govt.nz/publicregister/searc
features such as fire warning systems are in h.aspx)
place and operational. CPUs are intended
to allow significant development to be built However, there are a number of registers
and occupied in stages. that may need to be considered.
Page 18 of 22You can also read
