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Building Act 2004

Summary of changes

These summaries explain recent changes to the law. They are generated by AI comparing versions of the legislation, so they might oversimplify, miss details, or get things wrong. Learn more about how we track these changes.

19 September 2024

  • The definition of 'building' has been updated to exclude additional items
  • The chief executive's role has been amended to include new functions and responsibilities
  • Provisions related to building consents have been reorganised or reworded for clarity
  • Requirements for territorial authorities to keep information about buildings have been updated
  • Procedures for suspension or revocation of product certificates have been updated
  • The requirement to consult has been amended to include new subsections and modify existing ones
  • Schedules have been revised to include new provisions, exemptions, and amendments
  • Definitions and provisions related to priority buildings and risk reduction have been updated
  • Provisions related to project information memoranda and owner applications have been amended

Affected provisions

  1. 1: Building work for which building consent not required
    Schedules have been revised to include new provisions, exemptions, and amendments
  2. 1AA: Transitional, savings, and related provisions
    Schedules have been revised to include new provisions, exemptions, and amendments
  3. 4: Enactments amended
    Schedules have been revised to include new provisions, exemptions, and amendments
  4. 9: Building: what it does not include
    The definition of 'building' has been updated to exclude additional items
  5. 11: Role of chief executive
    The chief executive's role has been amended to include new functions and responsibilities
  6. 35: Content of project information memorandum
    Provisions related to project information memoranda and owner applications have been amended
  7. 51: Issue of building consent
    Provisions related to building consents have been reorganised or reworded for clarity
  8. 83: Owner may apply for entry to be removed
    Provisions related to project information memoranda and owner applications have been amended
  9. 133AE: Meaning of priority building
    Definitions and provisions related to priority buildings and risk reduction have been updated
  10. 133BW: Works to remove or reduce other risks
    Definitions and provisions related to priority buildings and risk reduction have been updated
  11. 185: When determination must be completed
    Provisions related to building consents have been reorganised or reworded for clarity
  12. 216: Territorial authority must keep information about buildings
    Requirements for territorial authorities to keep information about buildings have been updated
  13. 238: Duties of stand-alone building consent authority
    Provisions related to building consents have been reorganised or reworded for clarity
  14. 271: Suspension or revocation of product certificate
    Procedures for suspension or revocation of product certificates have been updated
  15. 409: Requirement to consult
    The requirement to consult has been amended to include new subsections and modify existing ones

20 May 2025

  • New definitions and amendments to existing definitions have been added to the interpretation provision
  • The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
  • Acceptable solutions or verification methods can now refer to building product specifications
  • Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  • Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
  • Changes have been made to the provisions related to dams, including the supply of annual dam compliance certificates
  • The chief executive's monitoring responsibilities have been updated to include building product specifications
  • The territorial authority's role in relation to building consents has been clarified, including the issuance of certificates of acceptance
  • Amendments have been made to the provisions related to appeals, including the reference to the Criminal Procedure Act 2011
  • Changes have been made to the time limits for filing charging documents and the limitation period for offences
  • Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
  • Changes have been made to the provisions related to seismic work, including deadlines and priorities
  • Amendments have been made to the provisions related to residential pools, including inspection requirements and transitional provisions

Affected provisions

  1. 1AA: Transitional, savings, and related provisions
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  2. 7: Interpretation
    New definitions and amendments to existing definitions have been added to the interpretation provision
  3. 11: Role of chief executive
    The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
  4. 25: Content of acceptable solution or verification method
    Acceptable solutions or verification methods can now refer to building product specifications
  5. 58: Liability to pay levy: stand-alone building consent authority
    Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  6. 59: Liability to pay levy: territorial authority
    Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  7. 60: Building consent authority may retain part of levy
    Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  8. 61: Chief executive may recover unpaid levies from territorial authority or stand-alone building consent authority
    Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  9. 62: Territorial authority may recover unpaid levies from applicant for building consent
    Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  10. 63: Chief executive may obtain information in order to assess amount of levy payable
    Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  11. 64: Audit of issue of building consents for purpose of ascertaining payment of levy
    Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
  12. 96: Territorial authority may issue certificate of acceptance in certain circumstances
    The territorial authority's role in relation to building consents has been clarified, including the issuance of certificates of acceptance
  13. 133AS: Territorial authority may carry out seismic work
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  14. 133AM: Deadline for completing seismic work on or before 1 April 2024
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  15. 133AO: Owners of certain heritage buildings may apply for extension of time to complete seismic work
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  16. 133AL: Territorial authority must issue EPB notice for earthquake-prone buildings
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  17. 133AD: Meaning of low, medium, and high seismic risk
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  18. 133AE: Meaning of priority building
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  19. 133AU: Offences in relation to earthquake-prone buildings
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  20. 133BZA: Application of subparts 6, 6A, and 7 in designated areas
    Changes have been made to the provisions related to seismic work, including deadlines and priorities
  21. 150: Owner of dam must supply annual dam compliance certificate
    Changes have been made to the provisions related to dams, including the supply of annual dam compliance certificates
  22. 162D: Periodic inspections of residential pools
    Amendments have been made to the provisions related to residential pools, including inspection requirements and transitional provisions
  23. 169: Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
    The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
  24. 171: Chief executive may seek advice from building advisory panel
    The chief executive's monitoring responsibilities have been updated to include building product specifications
  25. 175: Chief executive may publish guidance information
    The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
  26. 212: Territorial authority must act as building consent authority for its district
    The territorial authority's role in relation to building consents has been clarified, including the issuance of certificates of acceptance
  27. 219: Territorial authority may impose fee or charge and must collect levy
    Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
  28. 237: Application of subpart
    Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
  29. 238: Duties of stand-alone building consent authority
    Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
  30. 340: Appeal on question of law
    Amendments have been made to the provisions related to appeals, including the reference to the Criminal Procedure Act 2011
  31. 378: Time limit for filing charging document
    Changes have been made to the time limits for filing charging documents and the limitation period for offences
  32. 390: Civil proceedings may not be brought against chief executive, employees, etc
    Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
  33. 392: Building consent authority not liable
    Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
  34. 402: Regulations: general
    Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
  35. 405: Incorporation of material by reference into certain instruments, solutions, and methods
    Acceptable solutions or verification methods can now refer to building product specifications
  36. 413: Application of Standards and Accreditation Act 2015 not affected
    Acceptable solutions or verification methods can now refer to building product specifications; Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
  37. 450A: Transitional and savings provision for residential pools
    Amendments have been made to the provisions related to residential pools, including inspection requirements and transitional provisions

24 May 2025

  • Repeal of provisions related to enforcement and offences
  • Repeal of provisions related to methodology and regulations

Affected provisions

  1. 133AX: Notification and availability of EPB methodology
    Repeal of provisions related to methodology and regulations
  2. 229: Authorisation of enforcement officers
    Repeal of provisions related to enforcement and offences; Repeal of provisions related to methodology and regulations
  3. 376: Offences punishable on summary conviction
    Repeal of provisions related to enforcement and offences; Repeal of provisions related to methodology and regulations
  4. 412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
    Repeal of provisions related to methodology and regulations

6 August 2025

  • Repeal of provisions related to earthquake-prone buildings
  • Repeal of provisions related to enforcement officers
  • Repeal of provisions related to accreditation and product certification
  • Repeal of provisions related to rules and their approval
  • Repeal of transitional provisions for building work
  • Repeal of provisions related to offences and penalties
  • Repeal of provisions related to implied warranties for building work
  • Repeal of provision related to material incorporated by reference

Affected provisions

  1. 122: Meaning of earthquake-prone building
    Repeal of provisions related to earthquake-prone buildings
  2. 133AX: Notification and availability of EPB methodology
    Repeal of provisions related to earthquake-prone buildings
  3. 229: Authorisation of enforcement officers
    Repeal of provisions related to enforcement officers
  4. 230: Conditions of authorisation
    Repeal of provisions related to enforcement officers
  5. 231: Offence to impersonate enforcement officer
    Repeal of provisions related to enforcement officers
  6. 265: Application for accreditation
    Repeal of provisions related to accreditation and product certification
  7. 266: Suspension or revocation of accreditation
    Repeal of provisions related to accreditation and product certification
  8. 268: Application for product certificate
    Repeal of provisions related to accreditation and product certification
  9. 361: Rules made when approved by Minister
    Repeal of provisions related to rules and their approval
  10. 363B: Application of section 363 to building work where consent granted, or work begun, before 31 March 2005
    Repeal of transitional provisions for building work
  11. 376: Offences punishable on summary conviction
    Repeal of provisions related to offences and penalties
  12. 396: Application of sections 397 to 399
    Repeal of provisions related to implied warranties for building work
  13. 397: Implied warranties for building work in relation to household units
    Repeal of provisions related to implied warranties for building work
  14. 412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
    Repeal of provision related to material incorporated by reference

14 August 2025

  • The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC
  • New provisions have been added to establish compliance with the building code, including recognition of overseas product certification schemes
  • Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
  • Provisions related to product certification accreditation and suspension or revocation of accreditation have been repealed or amended
  • Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
  • Provisions related to liability and protection from civil proceedings have been amended to extend protection to certain persons and include additional circumstances
  • A provision has been updated to reflect its repealed status in relation to the Regulations (Disallowance) Act 1989

Affected provisions

  1. 11: Role of chief executive
    The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC
  2. 19: How compliance with building code is established
    New provisions have been added to establish compliance with the building code, including recognition of overseas product certification schemes
  3. 133AX: Notification and availability of EPB methodology
    Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
  4. 171: Chief executive may seek advice from building advisory panel
    The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC
  5. 229: Authorisation of enforcement officers
    Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
  6. 230: Conditions of authorisation
    Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
  7. 231: Offence to impersonate enforcement officer
    Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
  8. 262: Requirements for product certification accreditation body
    Provisions related to product certification accreditation and suspension or revocation of accreditation have been repealed or amended
  9. 266: Suspension or revocation of accreditation
    Provisions related to product certification accreditation and suspension or revocation of accreditation have been repealed or amended
  10. 361: Rules made when approved by Minister
    Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
  11. 364: Offence for residential property developer to transfer household unit without code compliance certificate
    Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
  12. 376: Offences punishable on summary conviction
    Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
  13. 390: Civil proceedings may not be brought against chief executive, employees, etc
    The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC; Provisions related to liability and protection from civil proceedings have been amended to extend protection to certain persons and include additional circumstances
  14. 392: Building consent authority not liable
    Provisions related to liability and protection from civil proceedings have been amended to extend protection to certain persons and include additional circumstances
  15. 412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
    A provision has been updated to reflect its repealed status in relation to the Regulations (Disallowance) Act 1989

28 October 2025

  • Formatting updates were made to the application process for building consent
  • The list of educational institutions in Schedule 2 was amended to include polytechnics

Affected provisions

  1. 2: Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies
    The list of educational institutions in Schedule 2 was amended to include polytechnics
  2. 45: How to apply for building consent
    Formatting updates were made to the application process for building consent

31 October 2025

  • The distance threshold for exempt building work near a residential building or legal boundary has been changed to 1 metre

Affected provisions

  1. 1: Building work for which building consent not required
    The distance threshold for exempt building work near a residential building or legal boundary has been changed to 1 metre

10 November 2025

  • New definitions for certain building terms have been added to the interpretation provision
  • The Governor-General's powers regarding building consents and restricted building work have been expanded

Affected provisions

  1. 7: Interpretation
    New definitions for certain building terms have been added to the interpretation provision
  2. 41: Building consent not required in certain cases
    The Governor-General's powers regarding building consents and restricted building work have been expanded
  3. 401B: Order in Council declaring work to be restricted building work
    The Governor-General's powers regarding building consents and restricted building work have been expanded

14 December 2025

  • The notification and application requirements for waivers or modifications have been updated to reference sections 67 and 67A

Affected provisions

  1. 68: Territorial authority must notify chief executive if waiver or modification granted
    The notification and application requirements for waivers or modifications have been updated to reference sections 67 and 67A
  2. 177: Application for determination
    The notification and application requirements for waivers or modifications have been updated to reference sections 67 and 67A