BUILDING LEGISLATION
Sources youtube, bcito plus series, on site
Craig Wright
15/05/21
OVERVIEW
The pyramid above shows how the building act works.
The act covers all building and building work in New Zealand
MBIE oversees the regulatory system.
The building act and building code are at the top of the pyramid because complying with these 2 is required by law.
Below this is on the pyramid is the non mandatory building legislation.
THE NEW ZEALAND BUILDING CODE
The NZ building code, found in schedule 1, it says how buildings should perform but not how they should be built.
The structure of the code includes:
Structural stability
The durability of materials
Fire and safety designs
Access
Moisture control
Services
Energy efficiency
As builders we can make sure the code is achieved by checking the specs, taking care of materials, following guidelines and maintaining best practices.
The code is divided into 8 clauses
The building code shows how a building must perform not how to build it but the technical clauses offer methods of complying, these are verification methods, they are not mandatory but if used the BCA must accept the work.
Acceptable solutions provide step by step instructions that comply.
Other means of compliance include
Product certification
Energy work certificates
Determinations
And alternative solutions.
STANDARDS
Provide practical information and guidelines and provide specific building solutions.
For example NZS3604: 2011 Timber framed buildings.
REGULATORY SYSTEMS
As well as the framework for building, the ACT also contains many legislative instruments such as prescribed forms.
Other instruments include:
Building infringements
Building regulations
Building licensing and fees.
RESOURCE CONSENTS
The resource management act or RMA is the framework that manages the effects of change on the environment. Councils create plans that contain rules, these include regional plans and district plans.
Resource consent is needed anytime an activity has an impact on the environment.
Depending on the classification of the land in question some activities may be permitted without consent.
There are 5 classifications that require consent:
Controlled activities, discretionary restricted, discretionary unrestricted, and non complying activities
prohibited activities do not ever have consent granted.
Applications are made through the council...affected parties should be advised.
The council then accepts or rejects the application and processes it.
A LIM should be provided as well as all the relevant information..
Basically as builders we should understand when and why we need resource consent, what work can and cannot be done and how to apply for one.
BUILDING CONSENTS
All work not exempt requires building consent.
The owner is overall responsible for getting consent.
Work not requiring consents includes:
Repair or maintenance.
Single story detached buildings less than 30 m squared.
Replacing windows.
Demolition of buildings upto 3 stories high.
You should always check before commencing work.
All work must always comply with the code.
There are 7 different building classifications these are:
Housing
Communal residential
Commercial
Industrial
Outbuildings
Ancillary buildings
There are 5 types of building importance levels
Level 1: less important like fences
Level2: all buildings not otherwise defined like timber housing
Level3: buildings of importance or high foot traffic like stadiums
Level4: buildings of importance even after emergency like a hospital
Level 5: buildings whose failure could cause catastrophic harm like a dam or bridge.
Process of a building application
Application
Evaluation by BCA
Construction
Final inspection
Licensing
The LBP is a way of improving and monitoring building accountability control and protecting the customer.
There are 7 classes
Carpentry
External plastering
Foundations
Roofing
Brick and block laying
Site
Design
Carpentry does not have specified areas of practise as the scope is high, the others do.
There are 3 building categories
Some other trades like plumber have their own seperate license system.
Restricted building work may only be carried out by the person with the correct license.
Building contractors must provide a certificate of design work to the building owner.
Licensed building practitioners are obliged to do modules and certain educational tasks every year to maintain their standard.
