Building Amendment Act 2012

17  New sections 41 to 52Y substituted

• Sections 41 to 52 are repealed and the following sections substituted:

  “41 Types of building consent

  • There are 4 types of building consent—

    • “(a) a standard building consent:

    • “(b) a low-risk building consent:

    • “(c) a simple residential building consent:

    • “(d) a commercial building consent.

  “42 When building consent is not required

  • “(1) Despite section 40, a building consent is not required in relation to—

    • “(a) a Crown building or Crown building work to which, under section 6, this Act does not apply; or

    • “(b) any building work described in Schedule 1; or

    • “(c) any urgent building work for which a building consent cannot practicably be obtained in advance (see section 43 for the meaning of urgent building work); or

    • “(d) any energy work (unless a building consent is required under section 45); or

    • “(e) any building work that a territorial authority is authorised to carry out under this Act.

    “(2) The Governor-General may, by Order in Council, amend Schedule 1 by—

    • “(a) adding any building work or class of building work to Schedule 1 as being building work for which a building consent is not required:

    • “(b) extending or clarifying the scope of any building work or class of building work listed in Schedule 1 as building work for which a building consent is not required:

    • “(c) restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1.

  “43 Meaning of urgent building work

  • In section 42(1)(c), urgent building work means building work that has to be carried out urgently—

    • “(a) for the purpose of saving or protecting life or health or preventing serious damage to property; or

    • “(b) to ensure that a specified system in a building that is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building, is maintained in a safe condition or is made safe.

  “44 Owner must apply for certificate of acceptance if building work carried out urgently

  • “(1) If, in reliance on section 42(1)(c), building work is carried out without a building consent having been obtained in respect of that work, the owner must, as soon as practicable after completion of the building work, apply for a certificate of acceptance under section 96.

    “(2) A person commits an offence if the person fails to apply for a certificate of acceptance in accordance with subsection (1).

    “(3) A person who commits an offence under this section is liable to a fine not exceeding $5,000.

  “45 Energy work that requires building consent

  • “(1) A building consent is generally not required for energy work except for—

    • “(a) energy work that relates to any specified system that is contained in, or proposed to be contained in, any building (whether existing or proposed) and that,—

      • “(i) in the case of an existing specified system, is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building; or

      • “(ii) in the case of a proposed specified system, will be required to be covered by a compliance schedule; and

    • “(b) energy work in any case where, if that work required a building consent, a consent would not be granted unless it was granted subject to a waiver or modification of the building code.

    “(2) An owner who wishes to obtain a building consent for energy work that does not require a building consent may apply for a building consent for that work (whether or not the application also relates to any other building work), and in that case this Act applies as if the energy work required a building consent.

  “46 When to apply for building consent

  • “(1) An owner intending to carry out building work for which a building consent is required must, before the building work begins, apply for a building consent to a building consent authority that is authorised, within the scope of its accreditation, to grant a building consent for the proposed building work.

    “(2) An owner may make a series of applications for building consents for stages of the proposed building work.

  “47 Which type of building consent to apply for

  • “(1) An owner may apply for a standard building consent for any type of building work except commercial building work for which a commercial building consent is required.

    “(2) If the proposed building work is—

    • “(a) low-risk building work, the owner may apply for a low-risk building consent:

    • “(b) simple residential building work, the owner may apply for a simple residential building consent:

    • “(c) commercial building work for which a commercial building consent is not required, the owner must apply for a standard building consent or a commercial building consent:

    • “(d) commercial building work for which a commercial building consent is required, the owner must apply for a commercial building consent.

    “(3) Regulations may be made under this Act prescribing the types or categories of commercial building work for which a commercial building consent is required.

  “48 How to apply for building consent

  • The procedure for applying for—

    • “(a) a low-risk building consent is set out in section 52G and Schedule 1A:

    • “(b) a simple residential building consent is set out in section 52J and Schedule 1B:

    • “(c) a standard building consent is set out in section 52M and Schedule 1C:

    • “(d) a commercial building consent is set out in sections 52O and 52R and Schedule 1D.

  “49 Referral of certain applications for building consent to New Zealand Fire Service Commission

  • “(1) By notice published in the Gazette, the chief executive may specify a category or categories of applications for building consents that must be referred to the New Zealand Fire Service Commission.

    “(2) The chief executive must give a copy of the notice to every building consent authority as soon as practicable after it is published.

    “(3) A building consent authority must, on receipt of an application that falls within a category specified under subsection (1), provide a copy of the application to the New Zealand Fire Service Commission.

  “50 New Zealand Fire Service Commission may give advice on applications referred under section 49

  • “(1) The New Zealand Fire Service Commission (the Commission) may, within 10 working days after receiving a copy of an application for a building consent provided under section 49(3), provide the building consent authority concerned with a memorandum that sets out advice on the following matters in respect of the building concerned:

    • “(a) provision for means of escape from fire:

    • “(b) the needs of persons who are authorised by law to enter the building to undertake fire-fighting.

    “(2) The Commission must not, in its memorandum, set out advice that provides for the building to meet performance criteria in excess of the requirements of the building code.

    “(3) If the Commission does not provide a memorandum within the period specified in subsection (1), the building consent authority may determine the application without the memorandum.

  “51 Processing application for building consent

  • “(1) After receiving an application for a building consent that complies with the requirements for an application of that type, a building consent authority must, within the time limit specified in subsection (2),—

    • “(a) grant the application; or

    • “(b) refuse the application.

    “(2) The time limit is,—

    • “(a) in the case of an application for a low-risk building consent or a simple residential building consent, 5 working days after receipt by the building consent authority of the application:

    • “(b) in the case of an application that relates only to plans and specifications for which a national multi-use approval has been issued, 10 working days after receipt by the building consent authority of the application:

    • “(c) in all other cases, 20 working days after receipt by the building consent authority of the application.

    “(3) A building consent authority may, within the period specified in subsection (2), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives that information.

    “(4) In deciding whether to grant or refuse an application for a building consent, the building consent authority must have regard to—

    • “(a) a memorandum provided by the New Zealand Fire Service Commission under section 50 (if any); and

    • “(b) whether a building method or product to which a current warning or ban under section 26(2) relates will, or may, be used or applied in the building work to which the building consent relates.

  “52 Grant of building consent

  • “(1) The requirements for the grant of—

    • “(a) a low-risk building consent are set out in section 52H:

    • “(b) a simple residential building consent are set out in section 52K:

    • “(c) a standard building consent are set out in section 52N:

    • “(d) a commercial building consent are set out in section 52S.

    “(2) However, in all cases a building consent authority is not required to grant a building consent until it receives—

    • “(a) any charge or fee fixed by it in relation to the consent; and

    • “(b) any levy payable under section 53.

  “52A Notice of refusal of application for building consent

  • If a building consent authority refuses an application for a building consent, the building consent authority must give the applicant written notice of—

    • “(a) the refusal; and

    • “(b) the reasons for the refusal.

  “52B Issue of building consent

  • “(1) A building consent must—

    • “(a) be issued in the prescribed form; and

    • “(b) have attached to it a copy of—

      • “(i) the project information memorandum (if any) for the building work to which the building consent relates; and

      • “(ii) a development contribution notice under section 36 (if any); and

      • “(iii) a certificate issued under section 37 (if any); and

    • “(c) contain confirmation that the New Zealand Historic Places Trust has been notified under section 39 (if applicable); and

    • “(d) if a compliance schedule is required as a result of the building work, state—

      • “(i) the specified systems that must be covered by the compliance schedule; and

      • “(ii) the performance standards for the specified systems; and

    • “(e) if an amendment to an existing compliance schedule is required as a result of the building work, state—

      • “(i) the specified systems that must be covered by that compliance schedule; and

      • “(ii) the performance standards for the specified systems.

    “(2) The issue of a building consent does not, of itself,—

    • “(a) relieve the owner of the building or proposed building to which the building consent relates of any duty or responsibility under any other Act relating to or affecting the building or proposed building; or

    • “(b) permit the construction, alteration, demolition, or removal of the building or proposed building if that construction, alteration, demolition, or removal would be in breach of any other Act.

    “(3) If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compliance with subsection (1)(b) or (c), the building consent authority may grant the building consent despite that subsection.

    “(4) However, the building consent authority must, on receiving the document or the information referred to in subsection (3), provide the owner with the document or information.

  “52C Minor variations to building consent

  • “(1) An application for a minor variation to a building consent—

    • “(a) is not required to be made in a prescribed form; but

    • “(b) must comply with all other applicable requirements for the type of building consent in question.

    “(2) Sections 51 to 52A apply, with all necessary modifications, to an application for a minor variation.

    “(3) A building consent authority that grants a minor variation—

    • “(a) must record the minor variation in writing; but

    • “(b) is not required to issue an amended building consent.

  “52D Changes to plans and specifications that have national multiple-use approval

  • “(1) When applying for a building consent in reliance on plans and specifications for which a national multiple-use approval has been issued, or for an amendment to such a building consent under section 52C, changes may be made to those plans and specifications if—

    • “(a) the changes are permitted under the terms of the national multiple-use approval; or

    • “(b) the changes are minor customisations permitted by regulations made under section 402(1)(kc).

    “(2) If any other changes are made to the plans and specifications referred to in subsection (1), the national multiple-use approval does not apply.

  “52E Lapse of building consent

  • A building consent lapses and is of no effect if the building work to which it relates does not commence within—

    • “(a) 12 months after the date of issue of the building consent; or

    • “(b) any further period that the building consent authority may allow.

  “52F Building consent authority may re-designate consent in certain cases

  • “(1) This section applies if a building consent authority has issued a consent that is a low-risk building consent, a simple residential building consent, or a commercial building consent.

    “(2) The authority may re-designate the consent as a standard building consent if it is satisfied on reasonable grounds that—

    • “(a) building work has been undertaken under the original consent that does not comply with that consent; or

    • “(b) a person who was not a licensed building practitioner has carried out without supervision by a licensed building practitioner, or has supervised, building work that is required to be carried out or supervised by a licensed building practitioner; or

    • “(c) the owner has applied for an amendment to the building consent and the proposed building work will not fall within the scope of the original consent.

    “(3) A building consent authority that re-designates a consent as a standard building consent may—

    • “(a) issue a notice to fix under section 164 in respect of building work already done:

    • “(b) issue a certificate of acceptance under section 96(1)(e).

  “Low-risk building consent

  “52G Application for low-risk building consent

  • An application for a low-risk building consent must comply with the requirements set out in Schedule 1A.

  “52H Grant of low-risk building consent

  • “(1) A building consent authority must grant a low-risk building consent if—

    • “(a) the application for the consent complies with the requirements set out in Schedule 1A; and

    • “(b) the authority is satisfied on reasonable grounds that—

      • “(i) the building work is low-risk building work; and

      • “(ii) any person named in the application as a licensed building practitioner is, at the date of the grant of the consent, in fact a licensed building practitioner and is licensed in a class appropriate for the building work to which the application relates; and

      • “(iii) the building work to which the application relates satisfies any conditions prescribed under this Act for that type of building work.

    “(2) In considering an application for a low-risk building consent, a building consent authority is not required to consider whether the building work will comply with the building code.

  “52I Responsibility of building consent authority in relation to building work carried out under low-risk building consent

  • “(1) A building consent authority that has issued a low-risk building consent—

    • “(a) is not required to inspect the building work in question at any time before the issue of a consent completion certificate for that building work; and

    • “(b) incurs no liability to any person by reason only of not checking the plans and specifications accompanying the application or not inspecting the building work in question at any time before the issue of a consent completion certificate.

    “(2) Nothing in subsection (1) limits or affects the provisions of section 90 or 222.

  “Simple residential building consent

  “52J Application for simple residential building consent

  • An application for a simple residential building consent must comply with the requirements set out in Schedule 1B.

  “52K Grant of simple residential building consent

  • “(1) A building consent authority must grant a simple residential building consent if—

    • “(a) the application for the consent complies with the requirements set out in Schedule 1B; and

    • “(b) the authority is satisfied on reasonable grounds that—

      • “(i) the building work is simple residential building work; and

      • “(ii) the building work in the prescribed aspects (the prescribed aspects) of the plans and specifications accompanying the application will comply with the building code if it is completed in accordance with the plans and specifications accompanying the application; and

      • “(iii) the building work is within the class of building work for which the person named in the application as the licensed building practitioner is licensed.

    “(2) In considering an application for a simple residential building consent, a building consent authority is required to consider the building work only in the prescribed aspects and is not required to consider any other aspects.

    “(3) Subsections (1)(b)(ii) and (2) do not limit the power of the building consent authority to refuse to grant the consent if the authority considers that any aspect of the work (whether a prescribed aspect or not) will result in significant non-compliance with the building code.

  “52L Responsibility of building consent authority in relation to building work carried out under simple residential building consent

  • “(1) A building consent authority that has issued a simple residential consent—

    • “(a) must, in accordance with regulations made under this Act, make the prescribed inspections of the building work; but

    • “(b) incurs no liability to any person by reason only that the authority did not make inspections of the building work over and above the prescribed inspections.

    “(2) Nothing in subsection (1) limits the provisions of section 90 or 222.

  “Standard building consent

  “52M Application for standard building consent

  • An application for a standard building consent must comply with the requirements set out in Schedule 1C.

  “52N Grant of standard building consent

  • A building consent authority must grant a standard building consent if—

    • “(a) the application for the consent complies with the requirements set out in Schedule 1C; and

    • “(b) the authority is satisfied on reasonable grounds that the building work will comply with the building code if it is properly completed in accordance with the plans and specifications accompanying the application; and

    • “(c) in the event that any of the building work is restricted building work, any licensed building practitioner named in the application to carry out restricted building work is licensed in the appropriate class to carry out or supervise the restricted building work.

  “Commercial building consent

  “52O Approval required before application for commercial building consent may be made

  • An owner who intends to apply for a commercial building consent must, before making the application, obtain from the building consent authority to which the application will be made written approval of the following matters:

    • “(a) the risk profile of the building work; and

    • “(b) the quality assurance system that will apply to the building work.

  “52P Approved risk profile

  • “(1) A risk profile must be determined in accordance with the criteria for determining the risk profile of commercial building work that are specified by regulations made under this Act (the specified criteria).

    “(2) A building consent authority must approve a risk profile if the building consent authority is satisfied that the risk profile—

    • “(a) has been determined in accordance with the specified criteria; and

    • “(b) is an appropriate assessment of—

      • “(i) the risk that the building work will not comply with the building code; and

      • “(ii) the consequences of that non-compliance.

    “(3) The owner and the building consent authority may amend an approved risk profile by agreement, but the building consent authority must not agree to an amendment unless it is satisfied that the risk profile after amendment complies with the matters set out in subsection (2).

  “52Q Approved quality assurance system

  • “(1) A quality assurance system must comply with the requirements for a quality assurance system for commercial building work that are specified by regulations made under this Act (the specified requirements).

    “(2) A building consent authority must approve a quality assurance system if the building consent authority is satisfied that the quality assurance system—

    • “(a) complies with the specified requirements; and

    • “(b) provides for appropriate supervisory observation, testing, inspection, and third-party review for ensuring that the building work will comply with the building code.

    “(3) The owner and the building consent authority may amend an approved quality assurance system by agreement, but the building consent authority must not agree to an amendment unless it is satisfied that the quality assurance system after amendment complies with the matters set out in subsection (2).

  “52R Application for commercial building consent

  • An application for a commercial building consent must comply with the requirements set out in Schedule 1D.

  “52S Grant of commercial building consent

  • A building consent authority must grant a commercial building consent if—

    • “(a) the application for the consent complies with the requirements set out in Schedule 1D; and

    • “(b) the building consent authority is satisfied on reasonable grounds that—

      • “(i) the building work is commercial building work; and

      • “(ii) nothing exists or is known that, if it had existed or been known before the approval was given under section 52O, would have resulted in the building consent authority withholding the approval.

  “52T Owner must notify building consent authority of change affecting risk profile

  • “(1) This section applies if building work remains to be carried out under a commercial building consent and the owner becomes aware of a material change to 1 or more of the criteria on which the risk profile was determined.

    “(2) The owner must immediately—

    • “(a) notify the building consent authority that issued the consent of the change; and

    • “(b) apply for an amendment to the approved risk profile.

  “52U Amendment to approved risk profile or approved quality assurance system after grant of building consent

  • “(1) A building consent authority that has granted a commercial building consent may, on its own initiative or on an application by the owner,—

    • “(a) amend the approved risk profile:

    • “(b) amend the approved risk profile and, as necessary, the approved quality assurance system to accommodate the changes to the approved risk profile:

    • “(c) amend the approved quality assurance system.

    “(2) The building consent authority may make an amendment—

    • “(a) under subsection (1)(a) if the authority is no longer satisfied that the grounds for approving the risk profile under section 52P(2) are met:

    • “(b) under subsection (1)(b) if the authority is no longer satisfied that the grounds for approving the risk profile under section 52P(2) and the approved quality assurance system under section 52Q(2) are met:

    • “(c) under subsection (1)(c) if the authority is no longer satisfied that the grounds for approving the quality assurance system under section 52Q(2) are met.

    “(3) An approved risk profile or approved quality assurance system that is amended under this section takes effect as if it were the approved risk profile or approved quality assurance system that accompanied the application for the building consent.

    “(4 ) A building consent authority that makes an amendment under this section must give written notice of the amendment to the owner.

  “52V Owner must provide building consent authority with information relating to quality assurance system

  • “(1) A commercial building consent is subject to the condition that the owner must provide to the building consent authority that issued the consent information that the authority may reasonably require—

    • “(a) in relation to the quality assurance system; or

    • “(b) arising out of compliance with the quality assurance system.

    “(2) The owner must provide the information as soon as is reasonably practicable after being required to provide it.

  “52W Powers ancillary to building consent authority's power of inspection of commercial building work

  • A building consent authority that has issued a commercial building consent may, as part of its power of inspection under section 90, take all reasonable steps (for example, sampling, testing, auditing, and observation) to ensure that all necessary processes under the approved quality assurance system are being carried out.

  “52X Safety system commissioning reviews

  • “(1) For the purposes of section 94C and Schedule 1H, a safety system commissioning review is a review conducted by a building consent authority, or its nominated agent, to check that the following systems and facilities are operating in accordance with their specifications, in compliance with the building code and (in the case of a specified system) in accordance with the relevant performance standards:

    • “(a) specified systems:

    • “(b) emergency exit paths:

    • “(c) inter-operation of the building as a whole system with respect to safety systems:

    • “(d) accessibility facilities.

    “(2) A safety system commissioning review—

    • “(a) may be conducted at 1 time or at multiple times:

    • “(b) must be conducted before a consent completion certificate is applied for or before the consent compliance certificate is granted.

  “52Y Offence to make false or misleading statement in relation to commercial building work

  • “(1) A person commits an offence if that person, in any communication, application, or document that is required to be made or given under this Act or by the regulations in relation to commercial building work,—

    • “(a) knowingly makes a written or an oral statement that is false or misleading in a material particular; or

    • “(b) knowingly makes a material omission.

    “(2) A person who commits an offence under this section is liable to a fine not exceeding $200,000.”