1. IntroductionThe Building Act 2004 (the Act) governs all building work in New Zealand. This includes the construction of new homes and buildings, and also the alteration, demolition and maintenance of existing buildings. Most building projects require a Building Consent before construction can begin, plus inspections throughout the construction process to ensure that the actual building meets the requirements of the Act.
The Building Act 2004 has four broad goals:• people can use buildings safely and without endangering their health • buildings have attributes that contribute appropriately to the health, physical independence, and wellbeing of the people who use them•
• people who use a building can escape from the building if it is on fire buildings are designed, constructed and able to be used in ways that promote sustainable development. The Act introduced significant changes to the way the
That means:building industry is controlled, primarily in response to the "leaky home" crisis. The Act aims to provide better control of building design and construction practices• more clarity on the standards we expect buildings to meet• more guidance on how those standards can be met• more certainty that the people undertaking building design, construction and inspection are technically competent to do that work • closer scrutiny in the building consent and inspection process •
Most building work now requires a Building Consent to ensure the design and materials comply with the minimum health, safety and quality requirements of the New Zealand Building Code. Some minor building work is exempt, as listed in Schedule 1 to the Act (updated October 2008). Building Consents are granted by the Council’s Building Consent Authority (BCA). When construction has been completed, the Council’s BCA better protection for homeowners through the introduction of mandatory warranties.will undertake a final inspection. If all work is in accordance with the Consent and complies with the Building Act and Building Code, the BCA will grant a Code Compliance Certificate (CCC).2. Non-consented Building WorksCouncil cannot issue retrospective Building Consents for work that has already been completed. The Building Act 2004 sets down specific provisions for dealing with buildings that were constructed without a Building Consent prior to 1 July 1992 (when the previous Building Act 1991 came into force), and after 1 July 1992.3. Building work carried out before 1 July 1992People with building work identified as having been
The report will need to cover the structural integrity of the building, along with reporting on the following:completed prior to 1 July 1992, without the necessary consents, will need to employ a private building consultant to prepare a Safe and Sanitary Report on the un-consented building work.• that the building work is considered safe•
- it is not positioned or constructed in such a way as to be a health risk or offensive
- it does not allow ingress of water causing dampness
- it has adequate water supplies for the intended use.
Council will review the Safe and Sanitary Report. If it is acceptable, a copy will be placed on the Council’s
The Safe and Sanitary Report could identify work that requires remedial work and it may be necessary to apply for a Building Consent for this work. that the building work is sanitary, ie: property file and a letter will be sent to the applicant acknowledging that the report has been accepted. This information will be shown on any subsequent Land Information Memorandum. This does not, however, legalise the building work.4. Building work carried out after 1 July 1992The Building Act 2004 introduced Certificates of Acceptance for non-consented building work undertaken after 1 July 1992. A Certificate of Acceptance may be issued for building work that has been done without a building consent or, in special circumstances, when a Code Compliance Certificate (CCC) cannot be issued. Examples of the latter are urgent work required to protect lives and/or property when there was no time to obtain a Building Consent or where a private certifier that issued the consent is unable or refuses to issue a CCC. Page 1

Non-Consented Building Works

An application form for a Certificate of Acceptance is
If the plans are accepted as complying with the Building Act and the Building Code from the point of available from the Papakura District Council website, www.papakura.govt.nz, or from the Council’s office during normal working hours. The application form must be submitted, together with all the supporting information required, including plans, specifications and appropriate reports. The Council’s Building Consent Authority will review the information supplied. Further information may be required to ensure processing is completed.view of the structure and the materials specified, the BCA will undertake a detailed inspection of the building to confirm that what has actually been constructed is in accordance with the plans. A Certificate of Acceptance will then be issued.The Certificate of Acceptance confirms that, from what the inspector could see, the work undertaken without a Building Consent appears to comply with the Building Code. Council may choose to certify an entire structure or only a portion of the structure that meets the Code.5. Planning ApprovalResolving the unauthorised building work is one aspect. If the work does not meet District or Regional planning requirements, you will need to apply for a retrospective Resource Consent or remove the infringing building works. Contact the Papakura District Council and ask for the Duty Planner who will be able to assist you in dealing with these issues. 6. FeesFees payable are as per Council’s Fees and Charges Schedule which is available on the website,
Council must, within 20 working days after receiving www.papakura.govt.nz, or from Council’s office during normal working hours. If extra costs are incurred when processing an application for a Certificate of Acceptance, these costs will be passed on to the applicant. an application for a Certificate of Acceptance, decide whether or not to grant the application. If further information is requested, the 20 working day timeframe will be suspended until the information is supplied.7. Other Information SourcesThe Department of Building and Housing provides an extensive range of guidance documents on its website, www.dbh.govt.nz.
The joint Consumer New Zealand and Department of Building and Housing website, www.consumerbuild.org.nz, has an extensive range of consumer information on the Building Act 2004, and on house maintenance and buying and selling houses/apartments.
Other useful websites are the Building Research Association New Zealand, www.branz.co.nz, and the Sustainable Buildings Authority, www.level.org.nz.
Smarter Homes is a website which has been created by the Ministry for the Environment by a team, including Consumer New Zealand. Smarter Homes helps New Zealanders build, buy and renovate smarter, and achieve more attractive, comfortable and cheaper-to-run homes. You can view it at www.smartbuild.org.nz.
For further advice and information, please contact the Building Consent Authority at Papakura District Council on 09 295 1300 or visit the Council’s office at 35 Coles Crescent, Papakura, between the hours of 8.00am to 5.00pm, Monday to Friday, or view our website at www.papakura.govt.nz.Page 2