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Building Act 2004

Building - Building work—Project information memoranda and building consents - Waivers and modifications

69: Waiver or modification may only be granted by chief executive in certain cases

You could also call this:

“The boss can only change building rules for old buildings with special needs access in certain situations.”

The chief executive can only grant waivers or modifications to the building code in specific situations. This applies when you’re dealing with an existing building that needs to follow section 118, and when it’s about access and facilities for people with disabilities. In these cases, the chief executive can only grant a waiver or modification through a special decision process called a determination.

However, this rule doesn’t apply to new buildings or to waivers or modifications that are part of a national multiple-use approval. For those situations, there are different rules.

Remember, the building code is a set of rules that buildings need to follow. Sometimes, people might need to change these rules a bit, and that’s what waivers and modifications are for. But when it comes to making buildings accessible for people with disabilities, only the chief executive can make those changes, and only in certain ways.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306815.

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Part 2 Building
Building work—Project information memoranda and building consents: Waivers and modifications

69Waiver or modification may only be granted by chief executive in certain cases

  1. This section applies to a waiver or modification of the building code that relates to—

  2. an existing building to which section 118 applies; and
    1. access and facilities for use by persons with disabilities.

      1. If this section applies, the chief executive may grant a waiver or modification only in a determination issued under subpart 1 of Part 3.

      2. This section does not apply to a waiver or modification of the building code that relates to a new building or that is contained in a national multiple-use approval.

      Notes
      • Section 69(1)(b): amended, on , by section 12 of the Building Amendment Act 2008 (2008 No 4).
      • Section 69(3): amended, on , by section 19 of the Building Amendment Act 2009 (2009 No 25).