Regulatory requirements

Know the rules

The Building Act versus Building Code what is the difference?

All building work in New Zealand is governed by the Building Act 2004. The Building Act is not a technical document, it will not tell you how to build a house but instead it sets out procedural factors related to construction.

Key features covered by the Building Act include:

• Definitions and clear expectations of parties to construction work;

• Enabling of building regulations such as the Building Code; LBP Rules etc.

• Procedural matters for delegated authorities such as MBIE and local councils (BCA’s);

• Building Consent Processes including Restricted Building Work;

• Licensed Building Practitioner process;

• Product accreditation, warning and ban processes;

• Dam Safety procedures;

• Building levy and fees requirements;

• Consumer rights and remedies processes and requirements.

The Building Code also does not tell you how to build a house it instead sets out how our buildings perform – i.e. they should not leak; they should not fall down; if they catch fire they should not burn the neighbours etc.

It is important to remember, whether building work requires a building consent or not, the Building Act 2004 requires that it must meet the performance requirements of the building code.

Click here to read the Building Act: BUILDING ACT 2004

Click here to read the Building Code: THE NEW ZEALAND BUILDING CODE

So what does this all mean for Brick and Blocklayers

We believe that even if you are subcontracting there are a few important things about building laws you should know. A good brick and blocklayer, as well as having good technical knowledge and skills, should be able to:

• Understand the difference between the Building Act, the Building Code, a Compliance document and a Standard;

• Identify when their building work requires a building consent and what the process for building consents is;

• Understand the process required BEFORE you vary any consented Building work;

• Understand when building work is Restricted Building work and which relevant licence is required;

• Understand what paperwork is required for building work and what happens if it is not provided.

• Understand what their responsibilities are for their building work.

The Federation is working through Affiliated Associations to design and deliver programmes that will ensure that their members continue to develop their regulatory knowledge.