Executive summary

Consultation on issues in the fire safety provisions in the Building Code

The Ministry of Business, Innovation and Employment (MBIE) conducted a public consultation from 23 October to 24 December 2024 on issues in the fire safety provisions of the Building Code. The consultation aimed to gather feedback on whether the current fire safety regulations are effective, clear, and responsive to modern building practices and technologies. It did not propose specific changes.

MBIE received 112 submissions which is the highest number for a fire safety consultation in the past decade. Submitters included architects, engineers, building consent authorities, product suppliers, building owners and occupants, disabled persons’ organisations, and Fire and Emergency New Zealand.
This document contains a summary of the feedback received during consultation. 

Key findings

• Submitters supported the direction of the review –  Over 80% of respondents agreed with the four proposed outcomes: improving clarity of protection levels, keeping pace with new technologies, ensuring cost-effectiveness, and reducing regulatory inconsistencies.
• Concerns about current performance – Fewer than 10% of respondents believed the Building Code was performing very well to achieve these outcomes. Most said it performed somewhat well or not well at all and suggested areas that needed improving.
• Evacuation for all building users – Nearly half of all submissions highlighted the need to improve evacuation provisions for people with disabilities, older adults, and children.
• Gaps in how the Building Code addresses specific fire hazards – Many submitters noted that the Building Code does not adequately reflect risks associated with building height, use, or complexity, and that it lacks flexibility to accommodate new technologies such as electric vehicles, solar panels, and battery storage systems.
• Barriers to innovation – Submitters pointed to difficulties using overseas products, mass timber, and alternative fire safety systems due to restrictive or outdated provisions.
• Clarity and consistency were frequently cited priorities – Submitters stated the need for clearer language, better alignment between Building Code clauses and supporting documents, and more consistent building classifications.

Submitters provided over 1,900 individual comments, identifying 183 contributing issues, including 10 new issues not previously documented.

Some submitters raised out-of-scope issues related to the building consent system, practitioner competency, and the Building Warrant of Fitness scheme.

MBIE will use the feedback to inform the next phase of the fire safety review, including the development of potential options for regulatory change.

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