Regulatory Charter: Building regulatory system
Published: 14 Jul 2017Provides further detail about the building regulatory system’s objectives and the roles and responsibilities of the various participants.
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PDF, 570KB, 17 pages
This page describes the building regulatory system, its objectives and our qualitative assessment of it. It also lists the main statutes and changes to regulation either planned or in progress.
The building regulatory system provides for the regulation of buildings, building work and various occupational groups in the building industry, and the setting of building performance standards.
The building regulatory system seeks to achieve the following purposes, which are set out in the Building Act 2004(external link):
The Act also describes the accountabilities of owners, designers, builders, and Building Consent Authorities – all of whom have responsibilities to ensure that building work complies with the Building Code(external link), which is a key piece of regulation.
Building work must meet certain requirements set out in legislation and regulations. These determine how work can be done, who can do it, and ensure that the system has adequate checks and consumer protection in place.
The requirements of the Building Act are performance-based, to allow development and innovation in building design, technology and systems. The Act applies mainly to the physical aspects of building work and establishes a framework for good decision-making, with checks and balances at each stage of the building or alteration process. The Act provides for:
A number of regulations provide detail for particular building controls. This includes the Building Code, which sets the minimum performance standards buildings must meet. It is set out in Schedule 1 of the Building Regulations(external link). Other controls set out in regulations include prescribed forms, a list of specified systems, definitions of 'change the use' and 'moderate earthquake', levies, fees and infringements.
The Building Act works alongside other legislation affecting the building and construction sector, listed below in key statutes, and council bylaws.
A long-term building system strategy is in development, and is expected to be completed in 2019.
Provides further detail about the building regulatory system’s objectives and the roles and responsibilities of the various participants.
PDF, 570KB, 17 pages
Portfolio | Key statutes |
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|
Agency | Role |
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MBIE |
MBIE is both the system steward and the central regulator. Our role includes:
|
Territorial Authorities (city and district councils) |
Territorial Authorities are regulators in the building system and are responsible for:
|
Building Consent Authorities (BCAs) |
Most Territorial Authorities are BCAs. BCAs issue building consents, inspect building work and issue notices to fix (further detail is provided below). |
Registration Boards |
The following registration boards supervise professionals in the building system. The boards investigate complaints about conduct, hear appeals against licensing decisions and approve rules. |
Ministry for the Environment |
Administers the Resource Management Act, which is relevant to the building system because it regulates land use, including where building work can be done and the provision of infrastructure for the built environment. |
Ministry for Housing and Urban Development |
Responsible for policy work on community and public housing, residential tenancies, housing affordability, and urban development. Housing policy and programmes have a direct effect on the pipeline of building work and the standards of building work for residential dwellings. |
MBIE is the lead policy advisor to government on the building regulatory system. It is responsible for advice on legislation and regulations, including the Building Code. The stewardship role requires MBIE to look across the system as a whole and provide advice on how to ensure the building regulatory system is high-performing.
MBIE is also the central regulator and manages the rules, procedures, and other key functions for regulating building work. It is responsible for:
MBIE’s central regulator role is prescribed in section 11 of the Building Act.
Within MBIE the building regulatory system functions are located across two business groups – Building System Performance and Consumer Protection and Standards. This structure provides an appropriate separation between the strategy, policy and system design functions, and the operational compliance, assurance and dispute resolution functions. A memorandum of understanding (MOU) sets out the respective roles and responsibilities of the two groups and establishes governance arrangements.
A Building System Steering Group, comprised of the relevant general managers across both business groups, is responsible for strategic oversight of the building regulatory system, and the following outcomes:
Territorial Authorities and Building Consent Authorities (BCAs) are the frontline of the building regulatory system. They are co-regulators with MBIE, as they also perform regulatory functions, as outlined below.
The Building Act requires Territorial Authorities to keep records about all properties in their area, issue project information memoranda and certificates of acceptance, monitor compliance schedules and follow up notices to fix.
Territorial Authorities also have powers to address breaches of the Building Act. They can issue infringement notices or, in some circumstances, organise for remedial work to be done.
Territorial Authorities also have a role in managing buildings in their area after an emergency event.
Building Consent Authorities are responsible for:
Most Territorial Authorities are BCAs. They may also contract these services out. Standards of performance are set out in the Building Act. BCAs’ performance against the standards is currently assessed by International Accreditation New Zealand (IANZ) on behalf of MBIE.
MBIE has a number of other regulatory functions that have relevance to compliance matters in the building system. MBIE has MoUs that document arrangements for sharing relevant information between regulatory functions when appropriate. The MoUs relevant to the building system relate to regulation of:
MBIE is supported in its engagement with the building and construction sector by a building advisory panel (BAP), established under section 172 of the Building Act. The BAP provides independent specialist advice on current trends and issues affecting the building and construction sector. Under the BAP’s terms of reference, members meet quarterly with the purpose of:
BAP advice is complemented by other formal and informal ongoing collaborations with sector representatives and regulated parties; for example:
A Construction Sector Accord(external link) was launched in April 2019 to establish and communicate a joint commitment between government and industry that will support the sustained transformation of the construction industry. The Accord was co-developed by government ministers and agencies and industry leaders from across the sector. It sets out the agreed vision for the sector, the outcomes we want to achieve and the priority work areas for action. It is a joint response to the challenges facing the sector which include skills and labour shortages, poor risk management, and unclear regulations and pipeline. A steering group consisting of government and industry representatives has been established to drive the next phase of the Accord, which involves obtaining wide engagement and buy-in from the industry and developing a Construction Sector Transformation Plan to be published in late 2019.
System has some issues against criteria
The building regulatory system is complex, with intricate legal and institutional arrangements. MBIE has made significant progress in embedding an operating model to deliver an effective building regulatory system, and in implementing a framework through which the system as a whole and its interdependencies can be viewed. The 4 ‘P’s – People, Processes, Products and Performance – are the lens through which MBIE analyses impact, prioritises the most vulnerable parts of the system and ensures outcomes for one area do not come at the expense of another.
MBIE’s work programme for 2019/20 has a focus on enabling and supporting the sector to respond to building system challenges (Building System Legislative Reform Programme, Building Code Delivery Framework, Construction Skills Action Plan), as well as defining the long-term strategy (Building System Strategy) and partnering with industry to transform and improve performance of the building system (Construction Industry Accord).
System has significant issues against criteria
The building regulatory system is broad and complex, with multiple compliance pathways making the system challenging to use. Management of the Building Code is being strengthened so it is regularly updated, sets clear minimum performance standards, and allows for sector innovation and best practice. Building Consent Authorities (BCAs) are held accountable for their performance against the standards in the Building Act through an accreditation process carried out via assessments by International Accreditation New Zealand (IANZ). MBIE is now monitoring and evaluating regulatory changes made in 2017 to improve the performance and effectiveness of the BCA accreditation scheme.
System has significant issues against criteria
The system’s performance-based design and multiple compliance pathways were intended to allow for flexibility and innovation. Research was undertaken in 2018 with stakeholders in the building and construction Industry to surface user-centric and future-focused compliance pathway opportunities. The outcomes of this research will inform future work to improve the Building Code to make it future-focused and user-centric; enhance clarity, consistency and certainty; and enable system users to unlock productivity opportunities (through innovation and/or technology) while maintaining building quality and performance.
The cross-agency Construction Skills Action Plan, initiated in 2018, takes a future-focused approach to ensuring there is a supply of skilled people to meet NZ’s construction needs.
MBIE has addressed – and research is ongoing – the large-scale recommendations following the earthquakes. New earthquake-prone building legislation is being monitored and evaluated.
System has significant issues against criteria
It can be difficult and costly for home owners to hold building practitioners to account if something goes wrong. The current building system legislative reform programme (set out in the next section) aims to address the balance of risk across the building and construction process, and seeks to better align the regulation of builders, engineers and plumbers with the risk and competence required for the work they do. This includes creating new offences and penalties where appropriate, and reviewing the level of penalties for existing offences, to ensure that there are appropriate checks and balances in the system.
Summarises an assessment of the building performance regulatory system conducted in late 2014.
PDF, 329KB, 7 pages
The timeframes for improvements noted in this section are indicative and may change. We will review this information at least quarterly and update timeframes as required.
Matter name | Policy intent | Planned consultation | Status |
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Building System Legislative Reform Programme Matter type: Bills |
Amendments to building law to align with best regulatory practice. Phase 1 includes strengthening the regulation of building products, making consenting easier for modern methods of construction, reviewing offences and penalties, and reviewing Building Levy settings. Phase 2 includes strengthening occupational, regulation and reviewing risk and liability settings. |
Submissions closed 16 June 2019. |
Cabinet decisions announced on Phase 1 of programme October 2019 Cabinet decisions on Phase 2 expected early 2020. |
Biannual Building Code Updates (June and November) Matter type: Legislative Instrument |
Actively managing the Building Code so that it is credible and up to date with sector innovations and best practice. |
Public Consultation for November 2019 Update closed 13 September 2019 | Amended Building Code and compliance documents to be published 28 November 2019 |
Earthquake Prone Buildings: amendments to regulations for substantial alterations Matter type: Legislative Instrument |
Supporting territorial authorities to implement the system for managing earthquake-prone buildings. |
Consultation completed |
Cabinet decisions July 2019. Regulations expected to be in place by end of 2019 |
Building (Product Certification) Regulations – CodeMark improvement Matter type: Legislative instrument |
Amendments to the regulations include changing:
|
Targeted consultation on an exposure draft of proposed regulations in April/May 2019 |
Regulations came into effect 1 November 2019 |
Dam Safety Matter Type: Legislative instrument |
Establishing regulations to bring into effect the framework in the Building Act 2004 for dam safety management |
Consultation closed August 2019 |
Policy decisions expected early 2020 |
The timeframes for improvements noted in this section are indicative and may change. We will review this information at least quarterly and update timeframes as required.
Building consent authority/territorial authority compliance
As the central regulator of the building regulatory system, MBIE’s role includes overseeing the performance of the building regulatory system’s frontline regulators – building consent authorities (BCAs) and territorial authorities (TAs). Where non-compliance is identified (either by the appointed organisation International Accreditation New Zealand (IANZ) or through other means), MBIE expects that BCAs/TAs will move quickly to address any issues, taking into account the potential for harm. MBIE has refreshed its compliance strategy for BCAs/TAs around three core compliance objectives:
A programme of work has been developed to ensure the objectives of the compliance strategy are met. Several of the projects under the “Developing a picture of risk” and “identify and respond to non-compliance” objectives are underway with some complete, including a new framework for carrying territorial authority reviews under section 276 of the Building Act 2004.
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https://www.mbie.govt.nz/cross-government-functions/regulatory-stewardship/regulatory-systems/building-regulatory-system/
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