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Timaru District Council

Guide to the Building Consent Process

For further information, please contact:

Version: 9 Date: September 2016 IS-000

Timaru District Council DOC ID: #1017953 Guide to the Building Consent Process

Table of Contents

1. How to Apply for a Building Consent ............................................................................................ 1

1.1. What is a Building Consent? .............................................................................................. 1

1.2. Who Needs One? ............................................................................................................... 1

1.3. What is the Building Code? ................................................................................................ 1

1.4. Why Do You Need One? .................................................................................................... 1

1.5. When Do You Need to Apply? ............................................................................................ 1

1.6. Where Do You Apply? ........................................................................................................ 1

1.7. Project Information Memorandum (PIM) / Planning Approval / Resource Consents ......... 1

1.8. Information Sheets / Application Forms / Information Processing Sheets ......................... 2

1.9. What Supporting Information Do You Need to Furnish? .................................................... 2

2. How an Application for Building Consent is Processed ................................................................ 3

2.1. The Approval Process ........................................................................................................ 3

2.2. External Contractors ........................................................................................................... 4

2.3. New Zealand Fire Service Design Review Unit .................................................................. 4

2.4. Restricted Building Work (RBW) ........................................................................................ 4

2.5. Owner / Builder Obligations ................................................................................................ 5

2.6. Multi Proof Approvals ......................................................................................................... 7

2.7. What is the Cost? ............................................................................................................... 7

2.8. Start Time - Lapsing ........................................................................................................... 7

3. How Building Work Is Inspected ................................................................................................... 8

3.1. Inspections / Documentation Required During Construction Period .................................. 8

3.2. During Restricted Building Work (RBW) Construction ....................................................... 8

3.3. Amendments / Variations to Building Consent ................................................................... 9

4. How Building Work is Certified ..................................................................................................... 9

4.1. Certifying Building Work ..................................................................................................... 9

4.2. Specified Systems / Compliance Schedules / Compliance Schedule Statements .......... 10

4.3. Code Compliance Certificate (CCC)................................................................................. 10

4.4. Restricted Building Work and CCC .................................................................................. 11

4.5. Extension of Time ............................................................................................................. 11

4.6. Notice to Fix ...................................................................................................................... 11

4.7. Alterations to Existing Buildings (Section 112) ................................................................. 13

Appendices ........................................................................................................................................... 14

1. Restricted Building Work – Information Sheet .................................................................. 14

2. Is it RBW? ......................................................................................................................... 15

3. Information Sheets / Application Forms and Information / Processing Sheets Available 16

4. Form Selection Guide ....................................................................................................... 17

5. Useful Websites ................................................................................................................ 18

ABBREVIATIONS

BCA Building Consent Authority LIM Land Information Memorandum

BRANZ Building Research Association of New Zealand

MBIE Ministry of Business, Innovation and Employment (formerly Department of Building and Housing)

CCC Code Compliance Certificate NZBC New Zealand Building Code

ECan Environment Canterbury OSH Occupational Safety and Health

LBP Licensed Building Practitioner PIM Project Information Memorandum

RBW Registered Building Work

Timaru District Council Guide to the Building Consent Process Page 1 of 20

1. How to Apply for a Building Consent

1.1. What is a Building Consent?

A Building Consent is written authority from the Council to carry out building work that Council considers will comply with the Building Code, providing it is constructed in accordance with the details submitted.

1.2. Who Needs One?

Anyone who wishes to carry out building work, including any temporary or permanent; movable or immovable structure (including swimming pool fences) and its service connections, requires a Building Consent. This also includes temporary structures such as marquees. Some work is exempt from requiring a Building Consent (refer to Schedule 1 of the Building Act 2004); however must still be constructed to comply with the New Zealand Building Code.

1.3. What is the Building Code?

The New Zealand Building Code is the First Schedule of the Building Regulations 1992 that provides mandatory performance based measures (not quality measures) with which building work must comply.

1.4. Why Do You Need One?

You are required to obtain a Building Consent to comply with the provisions of the Building Act 2004.

1.5. When Do You Need to Apply?

An owner intending to carry out building work must, before the building work begins, apply for a Building Consent or have their agent apply for on their behalf. It is wise to do this at least two months prior to undertaking the work to allow for processing time and for the provision of any additional information that may be required.

1.6. Where Do You Apply?

You need to lodge your Building Consent application (refer to section 24 for the appropriate application form) with the Building Consent Authority (BCA) at Timaru District Council, located at 2 King George Place, Timaru. However, you may drop your application into the Geraldine or Temuka Service Centres. You may also lodge your application by post, however it is preferred that you lodge it in person to the Timaru office. You may also make an application online. Please refer to our website.

1.7. Project Information Memorandum (PIM) / Planning Approval / Resource Consents

Along with a Building Consent, the applicant may also decide to apply for a Project Information Memorandum (PIM). This may be sought prior to the Building Consent, which is often the wise option, or concurrently with a Building Consent.

A PIM provides information about land and the requirements of other Acts that might be relevant to the proposed building work, including compliance with the District Plan, heritage status, the status and availability of services, etc. It may also advise Resource Consent requirements. More information on Resource Consents can be found on the Council website or at Council Office. You can also contact the Timaru District Council Duty Planner on 03 687 7271 for clarification.

If a Resource Consent is required, you are strongly advised to obtain this before seeking a Building Consent to avoid possible expensive changes to your proposal.

Timaru District Council Page 2 of 20 Guide to the Building Consent Process

Approval from Environment Canterbury Regional Council is required for any discharge to land from a storm water or septic system. This may be Permitted Activity approval or it may require a Resource Consent - Discharge.

1.8. Information Sheets / Application Forms / Information Processing Sheets

Refer to Appendix 3 for a full list of the available information sheets, application forms and information / processing sheets. You should obtain all those appropriate for your project. This section also includes a number of useful websites.

The application form(s) will require the attachment of the appropriate information / processing sheet(s). The better the information provided, the less it will cost to process your application. It is wise to employ a design professional to draw up your plans to ensure you submit the appropriate level of information.

1.9. What Supporting Information Do You Need to Furnish?

Information, sufficient to satisfy the Council that the proposed building work complies with the performance requirements of the Building Code, must be provided. If you are not familiar with the performance requirements of the Building Code you will more than likely require the services of a competent designer.

Council has a series of information sheets, application forms and information / processing sheets to assist you. The information sheets are background information to assist you, but you MUST furnish the appropriate application form(s) and information / processing sheets, some of which are project specific.

Each time you make application you must provide:

Proof of ownership – a Certificate of Title is required for all new buildings and additions. The Certificate of Title may hold information about the property (Interests) such as notices made under the Resource Management Act, easements or consent notices, which may affect your building project. The Certificate of Title is to be no more than three months old. If the Certificate of Title is not in your name you must also provide either:

An unconditional Sale and Purchase Agreement; or

If leasing the property, a copy of the Lease Agreement between yourself and the property owner; or

A copy of a rates invoice (for minor internal building work only) may be accepted.

A copy of the PIM if you applied for one prior to your Building Consent.

Where applicable a copy of the Resource Consent previously obtained.

One set of specifications and drawings including the following as appropriate to the project:

Site plan drawn to scale and indicating all features / distances on site.

Foundation plan - dimensioned - clearly indicating all details of layout and materials.

Plumbing and drainage proposed layout plan.

Detailed floor plans for each level of the building.

A detailed elevation for each face of the building.

Detailed cross sections through difficult areas of the building showing all relevant construction details.

Framing details.

Roof truss design - this is often provided from the truss manufacturer.

Construction details - with all materials, fixings etc. noted.

Written specifications - Specifications should further define the building work including details of all materials to be used, finished, and equipment to be installed. These MUST be relevant to the project.


Bracing design - including calculations, schedule and layout plans.

Ground conditions report - This will be either a report to show why it is assumed that the ground is ‘good ground’ using Section 3 of NZS 3604:2011, or a specific ground assessment and foundation design by a suitably qualified and experienced engineer.

Engineers details, calculations and producer statement by Approved Producer Statement Provider - this will be required when any specific design has been carried out (e.g. steel beams).

Internal waterproofing details - including all wet areas and surface finishes.

Solid fuel heaters - refer to separate information sheet, application form and information / processing sheet.

Sediment control management plan - site location will dictate whether this is required.

Alternative solutions - if the proposal uses products or systems that are not covered in an Acceptable Solution of the Building Code, provide supporting current information including independent test results, case studies, expert opinion to demonstrate compliance, etc.

Specified systems / compliance schedules / compliance schedule statements - a Compliance Schedule is a document listing the inspections, maintenance and reporting procedures for specified systems in a building (such as automatic fire sprinkler, fire alarms, lifts, air conditioning systems, evacuation systems, etc.) to ensure their continued safety of operation. This also includes residential cable cars attached to a building. The applicant must provide the BCA any inspection, maintenance and reporting procedures for specified systems, so the BCA can issue the compliance schedule and CCC.

Further information - for new projects most / all of the above will be required, however depending on the specifics of your project more information may be necessary. If required, the Timaru District Council may request further information to support that provided which helps to indicate compliance with the New Zealand Building Code.

Please consult the Council if you are undertaking a large project as the following items may also be required:

Accessibility plan.

Emergency services plan.

Compliance schedule for specified systems.

Design reports for fire safety, air-conditioning, and mechanical ventilation etc.

2. How an Application for Building Consent is Processed

2.1. The Approval Process

You should lodge your application to the Timaru District Council customer services, or Geraldine or Temuka Service Centres. If you choose to lodge your application at Geraldine or Temuka, there will be an additional 1 – 2 day delay before the Building Unit receives the application.

The application will be initially vetted to ensure there is sufficient information to fully process your application. If not, you will be required to provide further information before the application is accepted before processing.

The Council will then have a statutory 20 working days to either issue or suspend the consent requesting further information.


Within this period, other areas of Council other than the Building Unit may assess the project for compliance with various legislative requirements such as the Timaru District Plan, Resource Management Act, Fire Service Act, Historic Places Act, Council Bylaws etc. These Departments are Planning; Water, Drainage and Trade Waste; Roading; Environmental Health and Dangerous Goods. This depends on the scope of the project. If you propose to undertake an internal alteration it would not be assessed by other Departments unless it was a historic or heritage building. However, all new buildings / dwellings or building / dwelling extensions will require assessment by other departments.

You can now track your Consent on our website:

www.timaru.govt.nz

ADV search tab (top right corner)

Full search options – application search

Enter your building consent number

Search

This will detail the description of work, location of the property and detail all tasks to date.

Should Council require further information, the application will be suspended until that information is provided. A “stop the clock” system is used during the suspension to keep track of the 20 working day time period.

Once the plans have been assessed as compliant with the New Zealand Building Code, a PIM (if this has been applied for and not already issued) and an invoice are prepared. The “stop the clock” is actioned (also known as consent granted) and is not lifted until the invoice has been paid. When the invoice has been paid, the approved plans may be uplifted and the application for the building consent is issued. Work must not proceed until the building consent and approved plans have been uplifted (and provided you are not awaiting a Resource Consent from either Timaru District Council or Environment Canterbury).

2.2. External Contractors

Dependent on work loads, from time to time the processing team will send building consents (electronically) to remote contractors that the Building Unit have carefully selected and vetted for this process. These contractors are able to log into the Council system and process plans no differently to full time employees currently working in the Building Unit.

2.3. New Zealand Fire Service Design Review Unit

Under Section 46 of the Building Act, the BCA is required to send certain applications to the New Zealand Fire Service Review Unit (DRU) for review under the Fire Service Act. Where this occurs the DRU have 10 working days in which to provide their feedback / memorandum to the Building Control Authority.

The memorandum issued by the DRU will set out their advice in regard to provisions for means of escape from fire and the needs of persons who are authorised by law to enter the building to undertake fire-fighting.

2.4. Restricted Building Work (RBW)

Restricted Building Work is the design, construction and alteration of the primary structure and external moisture management systems of houses and small-medium apartment buildings. It is also the design of fire safety systems for small to medium apartment buildings. RBW can only be carried out or supervised by a Licensed Building Practitioner (LBP).

http://www.timaru.govt.nz/


Sections 45 and 30C of the Building Act require that any Building Consent application that incorporates design RBW must be accompanied by one or more Memoranda (Certificates of Design Work) depending on how many Licensed Building Practitioners have been involved in the building design.

Certificate of Design Work forms are available from the Ministry of Business, Innovation and Employment website or via a link on the Timaru District Council website. Refer to the Section “useful websites”. The Memoranda (Certificates of Design Work) must be filled out using the prescribed form, fully completed and signed.

In the case of an application for a building consent that relates to RBW, state the name of each Licensed Building Practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the RBW that is the subject of the application.

Before restricted building work commences, the owner or LBP must give the Council written notice of the name of every LBP who is engaged to carry out or supervise the RBW under the Building Consent and has not already been stated in the Building Consent application.

Once the RWB construction has commenced, the Council must also be notified, as soon as practical, in writing if:

An LBP ceases to be engaged to carry out or supervise the RBW; and / or

Another LBP, not already named is engaged to carry out or supervise the RBW.

If an application for a Building Consent is accompanied by plans and specifications that contain design work that is RBW, that design work must be carried out or supervised by one or more LBPs who are licensed to carry out or supervise that design work. The plans and specifications that contain the design RBW must be accompanied by the Memorandum (Certificate of Design Work) that states:

a) That the design RBW complies with the Building Code; and

b) Whether waivers or modifications of the Building Code are required and, if so, what those waivers or modifications are.

It is the responsibility of the ‘design LBPs’ (including registered architects, or chartered professional engineers) to ensure that their Memoranda (Certificates of Design Work) cover all of the RBW they have designed.

It is the responsibility of the owner to include all Memoranda (Certificates of Design Work) that collectively cover all of the RBW in the consent application.

2.5. Owner / Builder Obligations

You can build, renovate or repair your own home using the Owner-Builder Exemption, but you still need to meet Building Code requirements, apply for any consents, and let your Council know.

The Owner-Builder Exemption ensures the kiwi tradition of DIY building work can continue.

If you're a homeowner who qualifies for the exemption, you will not need to be or use a LBP for any restricted building work on your home. However, you will still need to apply for a Building Consent.

You can apply for the exemption when you submit your building consent application. Any work you do will be listed as a do-it-yourself job on your Land Information Memorandum for any future buyers to see.

All the building work you do must still comply with the Building Code, and will be inspected as usual during your building process. You are responsible for the quality of work or any defects.

There are criteria you need to meet to be considered an owner-builder. You are an owner-builder if you:


Live in or are going to live in the home (this includes a bach or holiday home).

Carry out the restricted building work to your own home yourself, or with the help of your unpaid friends and family members.

Have not used the Owner-Builder Exemption to carry out restricted building work to any other home in the previous 3 years.

Who Can Do the Work?

As an owner-builder, family members and friends can help you with restricted building work on your home as long as you are not paying them.

Any restricted building work that is not done by you or your unpaid friends or family members must be carried out or supervised by an LBP who holds the appropriate licence class. They must also give you a Record of Work.

You can still hire a designer to draw your plans. If the design includes restricted building work they will need to provide a Certificate of Work.

Your council will record the work and who it was carried out by on your LIM.

If you decide to sell the home, future buyers will have access to this information showing whether the building work was carried out by the owner or an LBP.

You cannot carry out all aspects of construction work, even with an Owner-Builder Exemption. There is some specialised building work which must be carried out by a suitably qualified person.

This work includes:

Plumbing.

Gas-fitting.

Drain-laying.

Electrical work.

Applying For and Using the Exemption

You need to complete a statutory declaration form to show you meet the owner-builder criteria before you can use the exemption.

The form has to be witnessed and signed by a Justice of the Peace or someone else authorised to do so.

You will need to give the form to your local Council when you submit your Building Consent application.

Giving Notice

If you do not give your Council the form with your Consent application, you will need to provide them with a notice that you, as an owner-builder, are going to carry out restricted building work on your home.

As an owner-builder, you will also need to give them a notice if:

There is a change in you carrying out the restricted building work.

You cease to carry out the RBW.


2.6. Multi Proof Approvals

The Multi Proof service is also known as a National Multiple-Use Approval. If you have a Multi Proof for a building design, you can build the design several times within one district or nationwide, subject to any approval conditions, without needing to have the whole design assessed by the BCA each time you apply for a Building Consent. A Building Consent is still required for a building with Multi Proof approval.

The BCA is required to process the application within 10 working days instead of the usual statutory 20 working days. Examples of building types which may benefit from Multi Proof approval include, but are not limited to:

Garages.

Sheds.

Farm buildings.

Modular units.

Retirement villages / units / house.

Tents / marquees.

An application for a Multi Proof must include a Certificate of Work which states that any RBW in the Multi Proof design complies with the Building Code. An application for a Building Consent using a Multi Proof design will still need to have a separate Memoranda (Certificate of Design Work) included for any relevant site-specific parts of the design, and any customisations made to the Multi Proof design, if RBW is involved.

2.7. What is the Cost?

The final account will be paid in full prior to issuing the consent.

The cost varies depending on the amount and type of work that is being carried out. Generally the cost of processing a Building Consent is time-based. The quality of the information provided at the time of application will affect the overall fees (i.e. low quality drawings and details will take longer to process, raising the cost).

The fee you will pay for your Building Consent is made up of the following:

1. The Councils fee for processing the application includes the cost of administration, technical processing (assessing the plans), the projected number of inspections necessary and the assessment of the PIM (if supplied).

2. Building Research Association of New Zealand (BRANZ) Levy: Calculated at $1.00 per $1,000 of the project value not less than $20,000.

3. Ministry of Building, Innovation and Employment (MBIE) Levy: Calculated at $2.01 per $1,000 of the project value not less than $20,444.

There may also be additional fees if the application has other requirements such as a Compliance Schedule, Certificate for Public Use, Section 77 Certificate (building across two or more lots), etc. Amendments to the original application will incur additional fees.

Refer to the current Schedule of Fees and Charges IS-101 which are reviewed annually; effective from 1 July each year.

2.8. Start Time - Lapsing

Building Consents lapse if work does not commence within 12 months of the date of issue. You must start work within that timeframe or any further time as allowed by Council, i.e. an Application should have been approved for an Extension of Time. Refer to Section “Extension of Time”.


3. How Building Work Is Inspected

3.1. Inspections / Documentation Required During Construction Period

Each Building Consent is provided with an Inspection and Documentation Regime which outlines the inspections to be undertaken and documentation required to be provided.

The Building Advisor will visit the site for each inspection to check compliance with the Building Consent and approved plans and specifications. A check sheet will be completed for each inspection.

Typical inspections are:

Siting / footings.

Pre pour slab / sub floor.

Pre line.

Foundations.

Pre roof.

Final building / plumbing.

Inspections need to be booked with the Council and, as the demand is heavy, the more notice provided, the more likely it is that you will get the time required. Inspections can be booked by phoning Customer Services at the Council on 03 687 7200. When you book you will need to provide the Building Consent number, the name and contact number of the person booking the inspection, the type of inspection, the address of the project and the name of the owner of the property.

Any safety equipment required for the inspection such as scaffolding or ladders is expected to be provided on site at the time of inspection. A copy of the Building Consent and approved plans must be on site at all times. It is preferable that the owner or representative of the owner (i.e. builder, plumber etc.) is on site for each of the relevant inspections as applicable.

Any non-compliant work advised by the Building Advisor must be rectified before proceeding to the next stage of construction or you could be liable for enforcement action.

Please be aware that specific inspections may also be required to be undertaken by consultants, such as an engineer. These inspections are additional to those by Council.

The owner or agent will be notified of the pass or fail of the inspection by telephone, fax, post, email or in person but you can also check the outcome at any time by contacting Building Unit at the Council, phone (03) 687 7200.

For further information go to: www.timaru.govt.nz/building/information-sheets

3.2. During Restricted Building Work (RBW) Construction

Section 87 of the Act states that before RBW commences under a Building Consent, the owner must give the Building Consent Authority written notice of the name of every LBP who:

Is engaged to carry out, or supervise, the RBW under the Building Consent; and

Was not stated in the application for the Building Consent.

Section 87 also states that after RBW commences, the owner must provide the Building Consent Authority with a written notice as soon as practicable if:

A LBP ceases to be engaged to carry out or supervise RBW; or

Another LBP is engaged to carry out or supervise the RBW.

http://www.timaru.govt.nz/building/information-sheets


Section 88 provides that each Licensed Building Practitioner who carried out or supervises RBW must, on completion of that RBW:

Provide the owner, and the council for the district in which the RBW is situated, with a Memorandum (Record of Building Work) stating what RBW the LBP carried out or supervised.

3.3. Amendments / Variations to Building Consent

After a Building Consent has been issued (and prior to the issue of a Code Compliance Certificate) no deviation or alteration from the original plans and specifications is permissible without the approval of the Council. A Building Advisor will be happy to discuss the changes with you when on-site and advise of the required documentation.

Where the change is a minor variation, it may be discussed and agreed with a Building Advisor and updated documentation submitted.

An amendment is where the change is more than a minor variation but does not include a change in the scope of the works. In this case an application for an amendment to the Building Consent must be made as if it were an application for a Building Consent.

To apply for an amendment you will need to lodge appropriate drawings documenting the alterations and fill out the appropriate application form. You will be charged for this so it is important to ensure that the details you submit in your original application are correct. Once approved, you will receive the stamped amended plan back with an invoice for costs.

Where you have not completed the work as per the approved Building Consent, including any approved variations / amendments, the Council will be unable to issue the Code Compliance Certificate.

4. How Building Work is Certified

4.1. Certifying Building Work

To certify building work, the Council has to ensure that the building work has been completed as per the Building Consent, plans and specifications, are to meet the requirements of the New Zealand Building Code. To do this the Council ensures that:

Building consent conditions have been met.

All building work has been undertaken as per the building consent and requirements of the New Zealand Building Code (performance based, rather than quality based).

All completed documentation has been received such as gas and electrical energy certificate, drainage plan, surveyor’s certificate.

All records are complete.

All inspections have been undertaken, passed and approved.

If it is a commercial building or a residential cable car attached to a building, there are additional requirements prior to the issue of the Code Compliance Certificate such as:

Check whether all specified systems installed in the building are operational.

Issuing Compliance Schedules and Compliance Schedule Statements.


Council must also give regard to whether a building method or product to which a current warning or ban under Section 26(2) of the Building Act 2004 relates, has been used or applied in the building work to which the Code Compliance Certificate would relate.

If the application for Building Consent application was made under the Building Act 1991, then the transitional provisions will apply, in that the building work must comply with the building code that applied at the time the consent was granted.

Once an application for a Code Compliance Certificate (BA Form 6) has been received and the building work has been certified, the Building Consent can be put forward for an issue of the Code Compliance Certificate. Refer to the Section “Code Compliance Certificate”.

4.2. Specified Systems / Compliance Schedules / Compliance Schedule Statements

A Compliance Schedule is a document listing the inspections, maintenance and reporting procedures for specified systems in a building (such as automatic fire sprinkler, fire alarms, lifts, air conditioning systems, evacuation systems, etc.) to ensure their continued safety of operation. This also includes residential cable cars attached to a building. The applicant must provide the BCA any inspection, maintenance and reporting procedures for specified systems, so the BCA can issue the compliance schedule and CCC.

4.3. Code Compliance Certificate (CCC)

Code Compliance Certificate considerations are pursuant to Section 94 and 436 of the Building Act 2004.

An application for Code Compliance Certificate (BA Form 6) must be made as soon as practicable after the completion of ALL consented building work. This also includes all drainage and hard surfacing as indicated on the submitted plans.

When the CCC application has been received, there is a statutory requirement for the BCA to issue the CCC within 20 working days. Should the Council require further information before the CCC can be issued, the application will be suspended until that information is provided. A “stop the clock” system is used during the suspension to keep track of the 20 working day time period for the processing of the application.

An example of further information could be:

Producer statements.

Energy Works Certificate (EWC), gas or electrical.

As built drainage plan.

Record of works.

Onsite works to be completed or rectified.

Should no application for Code Compliance Certificate be made within two years of the date the building consent was granted, or any further period that may be agreed between the owner and the Council, the Council must decide whether or not to issue the CCC.

We are therefore keen to hear from you if your construction is going to be held up for any reason. It may be necessary to complete an Application for an Extension of Time - refer to Section “Extension of Time”.

In addition to satisfying the requirements, all fees, e.g. for additional inspections, amendments, development contributions, must be paid for prior to the issue of a Code Compliance Certificate.


4.4. Restricted Building Work and CCC

Section 92 of the Building Act states that the owner / CCC applicant must include with a CCC application, any Memorandum (Record of Building Work) provided by LBPs.

It is the responsibility of the trade LBPs to ensure their Memorandum (Record of Building Work) identifies all of the RBW that they have constructed / altered.

It is the responsibility of the owner to include all records of work which collectively identify all the RBW in the CCC application.

4.5. Extension of Time

If it looks like you will not be able to commence building within 12 months of the issuing of the consent or complete ALL works within the two year period, then you should make an Application for Extension of Time on Form PS-121. Information Sheet IS-118 Extension of Time is also available.

4.6. Notice to Fix

For further information go to: www.building.govt.nz/projects-and-consents/build-to-the-consent/acting-on-a-council-notice-to-fix/#jumpto-consent-of-a-notice-to-fix

If your building does not meet the requirements of the Building Act, the Council can issue you with a 'notice to fix' the building.

The Council, in its capacity as a territorial authority or a building consent authority, issues notices to fix on both complete and partial builds.

They will issue them to the person carrying out the work, the person supervising and the building owner. You can be issued with a notice to fix for all breaches of the Building Act 2004, not just current building work.

The main points to note about notices to fix are:

The Council must issue a notice to fix for any work that doesn't meet the requirements of the Building Act 2004 and building regulations (for example, failing to obtain a Building Consent when it is required).

If a notice to fix relates to building work carried out without a Building Consent, the notice can require the owner to apply for a certificate of acceptance.

When a notice to fix has been issued by an independent building consent authority (an agent working on behalf of the Council), the council decides whether the notice has been complied with and confirms this in writing.

If the Council is not satisfied that building work required by a notice has been completed it must provide written notice of its reasons and issue a further notice to fix to the specified person. For example, after a follow-up inspection.

The Council, or its agent, must issue a notice to fix if it considers on reasonable grounds that:

A specified person is not meeting the requirements of the Building Act 2004 (for example, doing building work without a Building Consent when one is required or not in accordance with a Building Consent).

A specified person is not meeting the requirements of the Building Regulations under the 2004 Act (including the Building Regulations 1992, containing the Building Code).

A building warrant of fitness is not correct.

http://www.building.govt.nz/projects-and-consents/build-to-the-consent/acting-on-a-council-notice-to-fix/#jumpto-consent-of-a-notice-to-fix

http://www.building.govt.nz/projects-and-consents/build-to-the-consent/acting-on-a-council-notice-to-fix/#jumpto-consent-of-a-notice-to-fix


The inspection, maintenance or reporting procedures stated in the compliance schedule are not being, or have not been, complied with.

Use of Discretion

It is possible for other matters, besides those listed above, that relate to remedying a contravention of the Act or regulations, correcting a building warrant of fitness, or complying with procedures in a compliance schedule to be included in a notice to fix.

Responsible authorities have some discretion in what they choose to include in notices to fix. They should use this discretion to ensure a notice to fix is appropriate to the circumstances of a particular situation.

Notice to Fix for Building Work

There are three situations in which a notice to fix can be issued for building work that has not been, or is not being, carried out in accordance with the Act or the Building Consent. The notice to fix only applies:

To building work required during the period in which a building consent is operative.

In respect of building work for which a Building Consent should have been obtained.

In respect of building work for which a Building Consent was not required, but where there was a requirement that the work meet the Building Code.

(Where the building consent authority is independent, it must supply a copy of the notice to fix to the relevant council within five days of issuing.)

Following up a Notice to Fix for Building Work

Once the relevant building work has been completed the person specified in the notice to fix must let the Council know.

The council will then inspect the relevant building work and decide if the work is complete or not. Either way, they must advise the person specified in the notice, in writing.

Confirming Compliance with the Notice to Fix

The council must provide a copy of the confirmation advice to the building consent authority that issued the notice to fix (this might be the same or a different part of the council).

Non-compliance with Notice to Fix

If a notice to fix has not been complied with, the Council must:

Give the specified person written notice of the refusal and the reasons for it.

Issue a further notice to fix in respect of the building work.

Inspecting Work under a Notice to Fix

Where a notice to fix requires building work, the Council may need to inspect this work as it proceeds. If the work is not covered by the original consent, it may require the specified person to apply for a new or amended consent for that work. If this is the case, inspections will be arranged when the consent is issued.

The Building Act's Section 222(4)(a)(iii) entitles an authorised officer to conduct inspections to determine compliance with a notice to fix.


4.7. Alterations to Existing Buildings (Section 112)

When applying for Building Consent for altering existing buildings, Council has a legal obligation to question if the building will comply as near is reasonably practicable with the provisions of the Building Code that relate to:

Means of escape from fire, and

Access and facilities for persons with disabilities.

Obviously if you are altering a dwelling, accessibility wouldn’t normally be questioned but means of escape will automatically require information relating to domestic smoke alarms being installed.

Otherwise, if the buildings use is anything other than a standalone dwelling, it could be that Council will need additional information to bring the building up to code as near as reasonably practicable regarding means of escape from fire and / or access and facilities for persons with disabilities.

The below Section 112 is provided in the Building Act 2004:

112 Alterations to existing buildings

1) A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the building consent authority is satisfied that, after the alteration,— a) the building will comply, as nearly as is reasonably practicable, with the provisions of

the building code that relate to— i) means of escape from fire; and ii) access and facilities for persons with disabilities (if this is a requirement in terms

of section 118); and b) the building will,—

i) if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or

ii) if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply.

2) Despite subsection (1), a territorial authority may, by written notice to the owner of a building, allow the alteration of an existing building, or part of an existing building, without the building complying with provisions of the building code specified by the territorial authority if the territorial authority is satisfied that,— a) if the building were required to comply with the relevant provisions of the building code, the

alteration would not take place; and b) the alteration will result in improvements to attributes of the building that relate to—

i) means of escape from fire; or ii) access and facilities for persons with disabilities; and

c) the improvements referred to in paragraph (b) outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code.

Compare: 1991 No 150 s 38. Section 112(1): replaced, on 28 November 2013, by section 23 of the Building Amendment Act 2013 (2013 No 100).

http://www.legislation.govt.nz/act/public/2004/0072/latest/link.aspx?id=DLM162576#DLM162576







http://www.legislation.govt.nz/act/public/2004/0072/latest/link.aspx?id=DLM4818924


Appendices

1. Restricted Building Work – Information Sheet

A Building Consent application is

submitted to the Building Consent

Authority (BCA) with; BA Form 2

application & PS-04.1A, including

plans, specifications and other

relevant documentation.

Restricted building work must be

designed by a Licensed Building

Practitioner (LBP) (design) and be

accompanied with a Form 2a

memorandum from licensed design

practitioner.

The application is

vetted to verify

enough

information has

been provided to

prove compliance

with the New

Zealand Building

Code

If the Application is refused

everything is sent back to the

applicant requesting further

information (RFI).

Once the building

consent is received &

accepted, the statutory

20 (business) day

clock starts.

The application is

checked for

compliance by the

relevant Council

departments

Request for further

information is

sent. Clock is

stopped until

further information

received &

approved.

The Building Consent

is granted & owner/

agent is invoiced

Once the invoice has

been paid the Building

Consent is issued and

can be picked up

Has the BCA

received written

confirmation

identifying the

Licensed Building

Practitioners

carrying out the

restricted building

work

The Owner must

inform the BCA in

writing of who the

Licenced Building

Practitioner’s are

prior to RBW

commencing

Work starts with

bookings made for

inspections stating

details of LBP’s

responsible

When the work is

complete the owner is

required to provide; a

completed CCC

application, the LBP

Memorandums for

restricted building work

and all other paperwork

required to facilitate the

issue of the code

compliance certificate

A Final inspection is

booked by the

owner/agent

Further documentation

provided or a re-

inspection booked to

pass the final

inspection.

The BCA audits all

inspection sheets,

documentation, and

LBP memorandums,

are compatible to

RBW recorded on

application. Any

additional inspections

are invoiced to the

owner/agent CCC

issued

NO

yes

Passed

Failed


2. Is it RBW?


3. Information Sheets / Application Forms and Information / Processing Sheets Available

The information sheets are:

IS-000 Customer Guide to the Building Consent Process

IS-101 Fees and Charges

IS-103 Accessory Buildings IS-105 Change of Use

IS-106 Demolition IS-107 Effluent Disposal

IS-108 New Dwelling / Residential Buildings IS-109 Relocating a Dwelling / Building

IS-110 Transportable Buildings IS-111 Domestic Smoke Alarm Systems for Dwellings

IS-112 Fire Code Requirements for SH Purpose Group

IS-113 Wet Area Showers

IS-114 Building Code Clauses IS-115 Accessible Facilities

IS-116 Amusement Device IS-118 Extension of Time

IS-119 Fencing your Swimming Pool IS-120 Solid Fuel / Liquid Fuel Heating Appliance

IS-122 Essential Features of a Producer Statement Provider (Guidance Document)

IS-123 Exempt Building Work

IS-127 Get It Right the First Time (Inspections Procedure

The application forms are:

BA Form 2 Application for a Building Consent BA Form 2H

Application for Residential Building Consent for Solid / Liquid Fuel Heating Appliance

BA AMR Form 4

Application for a Permit to Operate an Amusement Device

BA Form 102

Application for Special Exemption from Fencing of Swimming Pools Act

BA Form 8 Application for Certificate of Acceptance

BA Form 6 Application for Code Compliance Certificate

BA Form 101

Application to Become an Approved Producer Statement Provider

BA Form 15 Application for Certificate for Public Use

PS-121 Application for Extension of Time BA Form 2M

Application for Building Consent (Marquee exceeding 100m2)

Information / processing sheets to accompany application forms where applicable are:

PS-04.1D Specified Systems PS-04.1E Weathertightness Risk Matrix

PS-04.1F Solid / Liquid Fuel Heating Appliance PS-04.1H Demolition

Memoranda / forms for Restricted Building Work:

Memorandum (Certificate of Design Work)

Available from Ministry of Business, Innovation & Employment website

http://www.dbh.govt.nz/forms-building-forms

Memorandum (Record of Building Work)

Available from Ministry of Business, Innovation & Employment website


Notification of LBPs Available from Timaru District Council Building Unit website

www.timaru.govt.nz/building



http://www.timaru.govt.nz/building


Otherwise - visit your friendly Customer Services Officer or Duty Building Advisor at Timaru District Council.

4. Form Selection Guide

For all NEW residential work including but not limited to:

New dwellings

Relocated dwellings

Garages

Additions

You will need: Residential Application for a Building Consent (National BA Form 2 Residential)

Subject to individual applications, you may also need the following

Solid / Liquid Fuel Heating Appliance (PS-04.1F)

Weathertightness Risk Matrix (PS-04.1E)

Application for Services e.g. water, sewer, storm water, vehicle access etc.

Application for Resource Consent

ECan approval may be required for certain works, e.g. septic tanks, storm water discharge

For all residential alterations (where footprint has not increased):

You will need: Residential Application for a Building Consent (National BA Form 2 Residential)

Subject to individual applications you may also need the following:

Solid / Liquid Fuel Heater Application (PS-04.1F)


For all commercial and complex residential works, e.g. including but not limited to:

Farm sheds

Commercial

Industrial

Complex residential

You will need: Commercial and Complex Residential Application for Building Consent (National BA Form 2 Commercial)

Subject to individual applications you may also need:

Solid / Liquid Fuel Heater Application (PS-04.1F)


Application for Services e.g. water, sewer, storm water, vehicle access etc.

Application for Resource Consent

ECan approval may be required for certain works, eg. septic tanks, storm water discharge

Specified Systems (PS-04.1D) with all other specified systems forms attached

Demolition / Removal (PS-04.1H)

Application for Certificate of Public Use (BA Form 15)

For Solid / Liquid Fuel Heaters Application for Building Consent Solid/Liquid Fuel Heating Appliance (BA Form 2H)

For Marquee

(exceeding 100m2)

Application for Building Consent & Code Compliance Certificate (BA Form 2M)

Certificate of Acceptance Application for Certificate of Acceptance (BA Form 8)

Exemption (Fencing of Swimming Pools Act) Application for Special Exemption (BA Form 102)

Permit to Operate An Amusement Device Application for a permit to operate an Amusement Device (BA AMR Form 4)

Application for Extension of Time Application for Extension of Time (PS-121)


Approved Producer Statement Provider Application to become an Approved Producer Statement Provider (BA Form 101)

Brochures in these series should be available from Timaru District Council, 2 King George Place, Timaru, the Geraldine Library and Service Centre, Talbot Street, Geraldine or the Temuka Library, Information and Service Centre, King Street, Temuka or from the website www.timaru.govt.nz

5. Useful Websites

Timaru District Council Building Unit www.timaru.govt.nz/building

Ministry of Business, Innovation and Employment www.building.govt.nz

Guide to Restricted Building Work (RBW) www.builditright.govt.nz

Consumers’ Institute of New Zealand www.consumerbuild.org.nz

Certified Builders Association of NZ Inc (CBANZ) www.certified.co.nz

Registered Master Buildings Federation Inc (RMBF) www.masterbuilder.org.nz

New Zealand Institute of Architects (NZIA) www.nzia.org.nz

Architectural Designers NZ Inc (ADNZ) www.adnz.org.nz

Association of Consulting Engineers (ACENZ) www.acenz.org.nz

BRANZ Limited www.branz.co.nz

NZ Institute of Quantity Surveyors Inc (NZIQS) www.nziqs.co.nz

NZ Institute of Surveyors (NZIS) www.surveyors.org.nz

Institution of Professional Engineers (IPENZ) www.ipenz.org.nz

NZ Institute of Building Surveyors Inc (NZIBS) www.buildingsurveyors.co.nz

http://www.timaru.govt.nz/

http://www.timaru.govt.nz/building

http://www.building.govt.nz/

http://www.builditright.govt.nz/

http://www.consumerbuild.org.nz/

http://www.certified.co.nz/

http://www.masterbuilder.org.nz/

http://www.nzia.org.nz/

http://www.adnz.org.nz/

http://www.acenz.org.nz/

http://www.branz.co.nz/

http://www.nziqs.co.nz/

http://www.surveyors.org.nz/

http://www.ipenz.org.nz/

http://www.buildingsurveyors.co.nz/

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