Building Act 2004

Miscellaneous provisions - Miscellaneous - Regulations

401A: Regulations: building consents and consent completion certificates

You could also call this:

“Rules about getting permission to build things and how to check if they're done properly”

You can make rules about building consents and consent completion certificates. The Governor-General can do this by making an Order in Council after the Minister recommends it. These rules can:

Define what low-risk building work is. This includes saying what kind of work it is, when you can do it, and how you should do it.

Say what simple residential building work and commercial building work are.

Decide which types of commercial building work need a commercial building consent.

Decide which types of commercial building work can use either a commercial building consent or a standard building consent.

Say which parts of the plans for simple residential building work the building consent authority must look at when deciding to give consent.

For simple residential building work, say how many inspections are needed at most and what kind of inspections they should be. This helps the building consent authority decide if they should give a consent completion certificate.

Decide how to figure out the risk profile of a commercial building.

Say what needs to be in a quality assurance system for different types of commercial building work.

Define what a safety system is.

These rules are called secondary legislation. This means they have to follow special rules about how they’re published, which you can find in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4358341.

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401: Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code, or

“Rules about how to build things properly and safely that everyone must follow.”


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401B: Order in Council declaring work to be restricted building work, or

“The Governor-General can decide that some building or design work needs special permission to do”

Part 5 Miscellaneous provisions
Miscellaneous: Regulations

401ARegulations: building consents and consent completion certificates

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—

  2. define low-risk building work including by specifying any or all of the following: the nature of the building work, the circumstances in which it may be carried out, or the conditions for carrying it out:
    1. define simple residential building work:
      1. define commercial building work:
        1. prescribe types or categories of commercial building work for which a commercial building consent is required:
          1. prescribe types or categories of commercial building work for which an application for either a commercial building consent or a standard building consent may be made:
            1. prescribe those aspects of plans and specifications accompanying an application for a simple residential building consent that must be considered by a building consent authority when deciding whether to grant the consent:
              1. for the purpose of a determination by a building consent authority whether to issue a consent completion certificate in respect of simple residential building work, prescribe—
                1. the maximum inspections that are required; and
                  1. the nature of those inspections:
                  2. prescribe the criteria for determining the risk profile of a commercial building:
                    1. prescribe the matters that must be included in a quality assurance system, including prescribing different matters for different types or categories of commercial building work:
                      1. define safety system.
                        1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 401A: inserted, on , by section 81 of the Building Amendment Act 2012 (2012 No 23).
                        • Section 401A(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).