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Building Act 2004

Preliminary provisions - General - Overview

5: Overview

You could also call this:

“This section explains what the different parts of the Building Act are about and how they work together.”

This Act replaces the Building Act 1991. It covers many different areas related to buildings and construction.

The Act is divided into several parts. The first part explains what the Act is about and how to understand it. It also says how the Act applies to the government.

The second part talks about the building code and how buildings are controlled. This includes rules about building work, like needing a building consent. It also covers how buildings are used, including rules for keeping buildings safe and accessible. There are special rules for dangerous buildings, buildings that might not be safe in earthquakes, and buildings that are unhealthy to live in. This part also has rules about dam safety and keeping pools safe.

The third part explains the jobs and powers of important people and groups in the building industry. It talks about how building consent authorities are approved to do their work. It also covers how dam owners, product certification bodies, and modular component manufacturers are approved and registered.

The fourth part is about licensing and disciplining building practitioners. It sets up a board to oversee this and makes rules for licensed builders.

There’s a section about consumer rights for people getting building work done on their homes. Another section talks about what information building product suppliers need to provide.

The fifth part covers other important things, like what happens if someone breaks the rules in this Act. It also talks about what’s included in building contracts, how new rules can be made, and how this Act changes other laws.

Lastly, there’s a section that explains how things will change as this new Act comes into effect.

This overview is just a guide to help you understand what the Act is about. It doesn’t cover everything in detail.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306048.

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4: Principles to be applied in performing functions or duties, or exercising powers, under this Act, or

“This section explains the rules people must follow when making decisions about buildings to keep everyone safe and happy.”

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5A: Transitional, savings, and related provisions, or

“Rules that help people understand changes in the law and what happens during those changes”

Part 1 Preliminary provisions
General: Overview

5Overview

  1. This Act replaces the Building Act 1991.

  2. In this Act,—

  3. this Part deals with preliminary matters, including—
    1. the purpose of this Act:
      1. interpretation:
        1. the application of this Act to the Crown:
        2. Part 2 and Schedules 1 and 2 deal with matters relating to the building code and building control, including—
          1. the requirements relating to building work (for example, the requirement for a building consent):
            1. the requirements relating to the use of buildings (for example, the requirement for a compliance schedule or the provisions relating to access to buildings by persons with disabilities):
              1. provisions for certain categories of buildings (including dangerous, earthquake-prone, or insanitary buildings):
                1. provisions for the safety of dams:
                  1. provisions relating to residential pool safety:
                  2. Part 3—
                    1. sets out the main functions, duties, and powers of the chief executive, territorial authorities, building consent authorities, and regional authorities under this Act:
                      1. empowers the chief executive to register building consent authorities that have been accredited to allow them to perform functions under Parts 2 and 3:
                        1. provides for the appointment of a building consent accreditation body and the accreditation of building consent authorities:
                          1. provides for the appointment of a dam owner accreditation body and the accreditation of dam owners:
                            1. provides for—
                              1. the appointment of a person as the product certification accreditation body; and
                                1. the accreditation and registration of product certification bodies; and
                                  1. the certification of building products and building methods and the registration of those certificates:
                                  2. provides for—
                                    1. the appointment of a person as the modular component manufacturer certification accreditation body; and
                                      1. the accreditation and registration of modular component manufacturer certification bodies; and
                                        1. the certification and registration of modular component manufacturers:
                                      2. Part 4 and Schedule 3 deal with matters relating to the licensing and disciplining of building practitioners, the establishment of the Building Practitioners Board, and the making of rules relating to licensed building practitioners:
                                        1. Part 4A deals with consumer rights and remedies in relation to residential building work:
                                          1. Part 4B deals with building product information requirements and suppliers’ obligations in relation to information:
                                            1. Part 5 and Schedule 4 deal with miscellaneous matters that underpin the substantive provisions of this Act, including—
                                              1. offences and criminal proceedings:
                                                1. implied terms of contracts that provide for building work to be carried out in relation to household units:
                                                  1. regulation-making powers:
                                                    1. amendments to other enactments and the repeal of the Building Act 1991:
                                                      1. transitional provisions:
                                                      2. Schedule 1AA deals with transitional, savings, and related matters.

                                                        1. This section is intended only as a guide to the general scheme and effect of this Act.

                                                        Notes
                                                        • Section 5(2)(b)(v): inserted, on , by section 4 of the Building (Pools) Amendment Act 2016 (2016 No 71).
                                                        • Section 5(2)(c)(ii): amended, on , by section 16(2)(a) of the Building Amendment Act 2005 (2005 No 31).
                                                        • Section 5(2)(c)(v): replaced, on , by section 5(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                        • Section 5(2)(c)(vi): replaced, on , by section 5(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                        • Section 5(2)(da): inserted, on , by section 5(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                        • Section 5(2)(db): inserted, on , by section 5(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                        • Section 5(2)(f): inserted, on , by section 5(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).